(a) A facility may not offer a person an employment, volunteer, or independent contractor position and must terminate the person's position if, based on a criminal history record information review, an employment verification, or a background and criminal history check conducted in accordance with Section 42.056, Human Resources Code, of that person, the facility discovers the person engaged in physical or sexual abuse of a child constituting an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code.
(b) A separation agreement for a facility employee, volunteer, or independent contractor may not include a provision that prohibits disclosure to a prospective employer of conduct constituting an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code.