By: Miles, Campbell 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. DEFINITION. In this chapter, "group home"
means an establishment that:
(1) provides, in one or more buildings, lodging to
three or more residents who are unrelated by blood or marriage to
the owner of the establishment; and
(2) provides those residents with community meals,
light housework, meal preparation, transportation, grocery
shopping, money management, laundry services, or assistance with
self-administration of medication but does not provide personal
care services as defined by Section 247.002.
Sec. 769.002. EXEMPTIONS. This chapter does not apply to:
(1) a person who holds a license issued under Chapter
142, 242, 246, 247, or 252;
(2) a person who is exempt from licensing under
Section 142.003(a)(19), 242.003(3), or 247.004(4);
(3) a hotel as defined by Section 156.001, Tax Code;
(4) a retirement community;
(5) a monastery or convent;
(6) a child-care facility as defined by Section
42.002, Human Resources Code;
(7) a family violence shelter center as defined by
Section 51.002, Human Resources Code; or
(8) a sorority or fraternity house or other dormitory
associated with an institution of higher education.
Sec. 769.003. 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 under Chapter 19, 20, 20A, 21,
22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, 48, or 71, Penal
Code, or any other offense punishable as a Class A 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 769.003, 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.