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