S.B. No. 500
AN ACT
relating to creating the criminal offense of operating a boarding
home facility without a permit and to a study regarding the
regulation of group homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 260, Health and Safety Code, is amended
by adding Section 260.0051 to read as follows:
Sec. 260.0051. CRIMINAL PENALTY. (a) This section applies
only to a county or municipality that requires a person to obtain a
permit to operate a boarding home facility as authorized by Section
260.004.
(b) A person commits an offense if the person operates a
boarding home facility without a permit in a county or municipality
to which this section applies.
(c) An offense under this section is a Class B misdemeanor.
SECTION 2. (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 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 500 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 500 passed the House, with
amendment, on May 26, 2021, by the following vote: Yeas 92,
Nays 55, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor