By: Reynolds, et al. H.B. No. 149
(Senate Sponsor - Kolkhorst, Miles)
(In the Senate - Received from the House April 19, 2021;
May 10, 2021, read first time and referred to Committee on Health &
Human Services; May 21, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 21, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 149 By: Powell
A BILL TO BE ENTITLED
AN ACT
relating to a study to evaluate state and local regulation of group
homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Health and Human Services Commission
shall conduct a study on state and local regulation of group homes.
(b) The study must:
(1) identify and evaluate state laws relating to the
regulation of group homes, including:
(A) a boarding home facility, as defined by
Section 260.001, Health and Safety Code; and
(B) a community home, described by Chapter 123,
Human Resources Code;
(2) analyze the procedures for filing complaints
against group homes and make recommendations to expedite complaint
processes;
(3) analyze complaints filed against group homes in
the preceding 10 years;
(4) analyze the enforcement authority over group homes
granted to state and local governmental agencies, including the
authority of counties and municipalities to enforce boarding home
regulations;
(5) recommend whether additional state and local
governmental enforcement authority over group homes is needed;
(6) recommend processes to expedite the licensing of
and regulatory procedures for group homes;
(7) determine whether new categories of group homes
should be licensed or regulated by state or local governmental
agencies;
(8) discuss and recommend methods for identifying
unlicensed group homes; and
(9) evaluate whether Section 260.011, Health and
Safety Code, which prohibits a county or municipality from
excluding boarding home facilities from residential areas by zoning
and similar regulations, prevents certain counties and
municipalities from regulating boarding home facilities.
(c) Not later than December 1, 2022, the Health and Human
Services Commission shall prepare a written or electronic report
that includes a summary of the results of the study conducted under
this section and any legislative recommendations based on the study
and submit the report to the governor, lieutenant governor, speaker
of the house of representatives, and members of the standing
committees of the senate and the house of representatives with
jurisdiction over the Health and Human Services Commission.
SECTION 2. This Act takes effect September 1, 2021.
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