Texas 2021 - 87th Regular

Texas House Bill HB149 Compare Versions

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1-By: Reynolds, et al. H.B. No. 149
2- (Senate Sponsor - Kolkhorst, Miles)
3- (In the Senate - Received from the House April 19, 2021;
4- May 10, 2021, read first time and referred to Committee on Health &
5- Human Services; May 21, 2021, reported adversely, with favorable
6- Committee Substitute by the following vote: Yeas 8, Nays 0;
7- May 21, 2021, sent to printer.)
8-Click here to see the committee vote
9- COMMITTEE SUBSTITUTE FOR H.B. No. 149 By: Powell
1+87R3352 MCF-F
2+ By: Reynolds, Shaheen, White, Collier, Lopez H.B. No. 149
103
114
125 A BILL TO BE ENTITLED
136 AN ACT
147 relating to a study to evaluate state and local regulation of group
158 homes.
169 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1710 SECTION 1. (a) The Health and Human Services Commission
1811 shall conduct a study on state and local regulation of group homes.
1912 (b) The study must:
2013 (1) identify and evaluate state laws relating to the
2114 regulation of group homes, including:
22- (A) a boarding home facility, as defined by
15+ (A) an assisted living facility, as defined by
16+ Section 247.002, Health and Safety Code;
17+ (B) a boarding home facility, as defined by
2318 Section 260.001, Health and Safety Code; and
24- (B) a community home, described by Chapter 123,
19+ (C) a community home, described by Chapter 123,
2520 Human Resources Code;
2621 (2) analyze the procedures for filing complaints
2722 against group homes and make recommendations to expedite complaint
2823 processes;
2924 (3) analyze complaints filed against group homes in
3025 the preceding 10 years;
3126 (4) analyze the enforcement authority over group homes
3227 granted to state and local governmental agencies, including the
3328 authority of counties and municipalities to enforce boarding home
3429 regulations;
3530 (5) recommend whether additional state and local
3631 governmental enforcement authority over group homes is needed;
3732 (6) recommend processes to expedite the licensing of
3833 and regulatory procedures for group homes;
3934 (7) determine whether new categories of group homes
4035 should be licensed or regulated by state or local governmental
4136 agencies;
4237 (8) discuss and recommend methods for identifying
4338 unlicensed group homes; and
4439 (9) evaluate whether Section 260.011, Health and
4540 Safety Code, which prohibits a county or municipality from
4641 excluding boarding home facilities from residential areas by zoning
4742 and similar regulations, prevents certain counties and
4843 municipalities from regulating boarding home facilities.
4944 (c) Not later than December 1, 2022, the Health and Human
5045 Services Commission shall prepare a written or electronic report
5146 that includes a summary of the results of the study conducted under
5247 this section and any legislative recommendations based on the study
5348 and submit the report to the governor, lieutenant governor, speaker
5449 of the house of representatives, and members of the standing
5550 committees of the senate and the house of representatives with
5651 jurisdiction over the Health and Human Services Commission.
5752 SECTION 2. This Act takes effect September 1, 2021.
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