| 2 | 9 | | |
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| 3 | 10 | | |
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| 4 | 11 | | A BILL TO BE ENTITLED |
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| 5 | 12 | | AN ACT |
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| 6 | 13 | | relating to criminal history record information checks for |
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| 7 | 14 | | applicants for employment and employees of group homes; creating a |
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| 8 | 15 | | criminal offense. |
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| 9 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 17 | | SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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| 11 | 18 | | amended by adding Chapter 769 to read as follows: |
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| 12 | 19 | | CHAPTER 769. REGULATION OF CERTAIN GROUP HOMES |
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| 13 | 20 | | Sec. 769.001. DEFINITION. In this chapter, "group home" |
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| 14 | 21 | | means an establishment that: |
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| 15 | 22 | | (1) provides, in one or more buildings, lodging to |
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| 16 | 23 | | three or more residents who are unrelated by blood or marriage to |
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| 17 | 24 | | the owner of the establishment; and |
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| 18 | 25 | | (2) provides those residents with community meals, |
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| 19 | 26 | | light housework, meal preparation, transportation, grocery |
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| 20 | 27 | | shopping, money management, laundry services, or assistance with |
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| 21 | 28 | | self-administration of medication but does not provide personal |
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| 22 | 29 | | care services as defined by Section 247.002. |
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| 23 | 30 | | Sec. 769.002. EXEMPTIONS. This chapter does not apply to: |
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| 24 | 31 | | (1) a person who holds a license issued under Chapter |
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| 25 | 32 | | 142, 242, 246, 247, or 252; |
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| 26 | 33 | | (2) a person who is exempt from licensing under |
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| 27 | 34 | | Section 142.003(a)(19), 242.003(3), or 247.004(4); |
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| 28 | 35 | | (3) a hotel as defined by Section 156.001, Tax Code; |
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| 29 | 36 | | (4) a retirement community; |
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| 30 | 37 | | (5) a monastery or convent; |
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| 31 | 38 | | (6) a child-care facility as defined by Section |
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| 32 | 39 | | 42.002, Human Resources Code; |
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| 33 | 40 | | (7) a family violence shelter center as defined by |
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| 34 | 41 | | Section 51.002, Human Resources Code; or |
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| 35 | 42 | | (8) a sorority or fraternity house or other dormitory |
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| 36 | 43 | | associated with an institution of higher education. |
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| 37 | 44 | | Sec. 769.003. EMPLOYEES AND APPLICANTS CONVICTED OF CERTAIN |
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| 38 | 45 | | OFFENSES; CRIMINAL PENALTY. (a) An owner or operator of a group |
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| 39 | 46 | | home must obtain criminal history record information maintained by |
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| 40 | 47 | | the Department of Public Safety of the State of Texas that relates |
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| 41 | 48 | | to an individual who is an applicant for employment with or an |
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| 42 | 49 | | employee of the group home. |
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| 43 | 50 | | (b) An owner or operator of a group home may not hire or |
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| 44 | 51 | | continue to employ an individual for whom the owner or operator |
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| 45 | 52 | | obtains criminal history record information on the employee's or |
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| 46 | 53 | | applicant's conviction of an offense under Chapter 19, 20, 20A, 21, |
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| 47 | 54 | | 22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, 48, or 71, Penal |
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| 48 | 55 | | Code, or any other offense punishable as a Class A misdemeanor or a |
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| 49 | 56 | | felony. |
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| 50 | 57 | | (c) An owner or operator who violates Subsection (b) commits |
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| 51 | 58 | | an offense. An offense under this section is a Class A misdemeanor. |
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| 52 | 59 | | SECTION 2. Section 769.003, Health and Safety Code, as |
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| 53 | 60 | | added by this Act, applies only to an application for employment |
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| 54 | 61 | | submitted on or after the effective date of this Act. |
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| 55 | 62 | | SECTION 3. This Act takes effect September 1, 2021. |
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