Texas 2013 - 83rd Regular

Texas House Bill HB424 Compare Versions

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1	1	By: Burkett, Sheets, Fletcher H.B. No. 424
2	2	(Senate Sponsor - Deuell)
3	3	(In the Senate - Received from the House April 4, 2013;
4	4	April 10, 2013, read first time and referred to Committee on Health
5	5	and Human Services; May 15, 2013, reported favorably by the
6	6	following vote: Yeas 5, Nays 1; May 15, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the sex offender status of a person who becomes a
12	12	resident of certain group home facilities.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle G, Title 4, Health and Safety Code, is
15	15	amended by adding Chapter 325 to read as follows:
16	16	CHAPTER 325. NOTICE OF SEX OFFENDER STATUS TO RESIDENTS OF GROUP
17	17	HOME
18	18	Sec. 325.001. DEFINITIONS. In this chapter:
19	19	(1) "Director" means the administrator primarily
20	20	responsible for the operation of a group home.
21	21	(2) "Group home" includes:
22	22	(A) an assisted living facility, as defined by
23	23	Section 247.002;
24	24	(B) a boarding home facility, as defined by
25	25	Section 260.001;
26	26	(C) a facility as defined by Section 246.002;
27	27	(D) a supportive housing facility operated by the
28	28	state, a local government, or a private agency that provides
29	29	supportive services to persons with mental illness, substance use
30	30	conditions, or physical disabilities who require access to
31	31	rehabilitative services and a stable living arrangement to maintain
32	32	consistent treatment regimens; and
33	33	(E) a transitional housing facility designed to
34	34	facilitate the transition from inpatient to outpatient care or,
35	35	within a reasonable time, the transition from homelessness to
36	36	permanent housing for persons with serious mental illnesses,
37	37	substance use conditions, or physical disabilities and who may
38	38	require intensive case management and assistance with long-term
39	39	goal planning and independent living skills.
40	40	(3) "Resident" means a person who resides and receives
41	41	services at a group home.
42	42	Sec. 325.002. APPLICABILITY OF CHAPTER. This chapter does
43	43	not apply to a group home that accepts or is assigned only residents
44	44	who are sex offenders required to register under Chapter 62, Code of
45	45	Criminal Procedure, if the residents receive treatment at the group
46	46	home from a sex offender treatment provider who is licensed under
47	47	Chapter 110, Occupations Code.
48	48	Sec. 325.003. SEX OFFENDER STATUS CHECK. Except as
49	49	provided by Section 325.002, as soon as practicable after a person
50	50	requests to live at a group home or is assigned to live at a group
51	51	home as a condition of community supervision or as a condition of
52	52	release on parole or to mandatory supervision, the director of the
53	53	group home shall ascertain whether the person is registered under
54	54	Chapter 62, Code of Criminal Procedure, by consulting the Internet
55	55	website maintained by the Department of Public Safety that contains
56	56	the sex offender database.
57	57	Sec. 325.004. NOTICE TO OTHER RESIDENTS REQUIRED. If based
58	58	on information obtained under Section 325.003 the director
59	59	ascertains that a person is a registered sex offender, not later
60	60	than the third day after the date the person becomes a resident of
61	61	the group home, the director shall provide notice that the person is
62	62	a sex offender to the legal guardian of each current resident who
63	63	has a legal guardian and directly to each other resident. The
64	64	notice must contain all of the information about the person that is
65	65	available on the website described by Section 325.003.
66	66	Sec. 325.005. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.
67	67	A group home or its director is not liable under any law for damages
68	68	arising from conduct required under this chapter.
69	69	Sec. 325.006. NOTICE ABOUT CURRENT RESIDENTS. Not later
70	70	than March 1, 2014, the director of a group home shall ascertain, in
71	71	the manner provided by Section 325.003, whether any resident of the
72	72	group home is registered under Chapter 62, Code of Criminal
73	73	Procedure, and provide to the legal guardian of each current
74	74	resident who has a legal guardian, and directly to each other
75	75	resident, notice about each resident who is required to register
76	76	under that chapter as provided by Section 325.004. This section
77	77	expires April 1, 2014.
78	78	SECTION 2. This Act takes effect September 1, 2013.
79	79	* * * * *