Texas 2023 - 88th Regular

Texas Senate Bill SB188 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 188
2	2
3	3
4	4	AN ACT
5	5	relating to criminal history record information checks for
6	6	applicants for employment and employees of group homes; creating a
7	7	criminal offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
10	10	amended by adding Chapter 769 to read as follows:
11	11	CHAPTER 769. REGULATION OF CERTAIN GROUP HOMES
12	12	Sec. 769.001. DEFINITION. In this chapter, "group home"
13	13	means an establishment that:
14	14	(1) provides, in one or more buildings, lodging to
15	15	three or more residents who are unrelated by blood or marriage to
16	16	the owner of the establishment; and
17	17	(2) provides those residents with community meals,
18	18	light housework, meal preparation, transportation, grocery
19	19	shopping, money management, laundry services, or assistance with
20	20	self-administration of medication but does not provide personal
21	21	care services as defined by Section 247.002.
22	22	Sec. 769.002. EXEMPTIONS. This chapter does not apply to:
23	23	(1) a person who holds a license issued under Chapter
24	24	142, 242, 246, 247, or 252;
25	25	(2) a person, establishment, or facility exempt from
26	26	licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4);
27	27	(3) a hotel as defined by Section 156.001, Tax Code;
28	28	(4) a retirement community;
29	29	(5) a monastery or convent;
30	30	(6) a child-care facility as defined by Section
31	31	42.002, Human Resources Code;
32	32	(7) a family violence shelter center as defined by
33	33	Section 51.002, Human Resources Code; or
34	34	(8) a sorority or fraternity house or other dormitory
35	35	associated with an institution of higher education.
36	36	Sec. 769.003. CRIMINAL HISTORY RECORD INFORMATION
37	37	REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL PENALTY. (a)
38	38	An owner or operator of a group home shall obtain criminal history
39	39	record information maintained by the Department of Public Safety of
40	40	the State of Texas on each individual who is an applicant for
41	41	employment with or an employee of the group home.
42	42	(b) An owner or operator of a group home may not hire or
43	43	continue to employ an individual for whom the owner or operator
44	44	obtains criminal history record information on the applicant's or
45	45	employee's conviction of an offense under Chapter 19, 20, 20A, 21,
46	46	22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, or 71, Penal Code,
47	47	or Section 48.015, 48.02, 48.03, or 48.04, Penal Code, or any other
48	48	offense punishable as a Class A misdemeanor or a felony.
49	49	(c) An owner or operator of a group home who violates
50	50	Subsection (b) commits an offense. An offense under this section is
51	51	a Class A misdemeanor.
52	52	SECTION 2. Section 769.003, Health and Safety Code, as
53	53	added by this Act, applies only to an application for employment
54	54	submitted on or after the effective date of this Act.
55	55	SECTION 3. This Act takes effect September 1, 2023.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I hereby certify that S.B. No. 188 passed the Senate on
59	59	April 27, 2023, by the following vote: Yeas 29, Nays 2.
60	60	______________________________
61	61	Secretary of the Senate
62	62	I hereby certify that S.B. No. 188 passed the House on
63	63	May 9, 2023, by the following vote: Yeas 114, Nays 28, two
64	64	present not voting.
65	65	______________________________
66	66	Chief Clerk of the House
67	67	Approved:
68	68	______________________________
69	69	Date
70	70	______________________________
71	71	Governor