87R12511 MCF-D
By: Miles S.B. No. 1630
A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information checks for
applicants for employment and employees of group homes; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. REGULATION OF CERTAIN GROUP HOMES
Sec. 769.001. DEFINITIONS. In this chapter:
(1) "Group home" means an establishment:
(A) in which three or more individuals who are
unrelated to the owner or operator of the establishment reside;
(B) that provides residential care services to
residents; and
(C) that receives payment or other compensation
from a local, state, or federal governmental entity for providing
residential care services to a resident.
(2) "Residential care services" means shelter,
protection, meals, health care, mobility assistance, and personal
care services, including bathing, dressing, and eating.
Sec. 769.002. EMPLOYEES AND APPLICANTS CONVICTED OF CERTAIN
OFFENSES; CRIMINAL PENALTY. (a) An owner or operator of a group
home must obtain criminal history record information maintained by
the Department of Public Safety of the State of Texas that relates
to an individual who is an applicant for employment with or an
employee of the group home.
(b) An owner or operator of a group home may not hire or
continue to employ an individual for whom the owner or operator
obtains criminal history record information on the employee's or
applicant's conviction of an offense that is a Class A or B
misdemeanor or a felony.
(c) An owner or operator who violates Subsection (b) commits
an offense. An offense under this section is a Class A misdemeanor.
SECTION 2. Section 769.002, Health and Safety Code, as
added by this Act, applies only to an application for employment
submitted on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.