S.B. No. 188
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, establishment, or facility 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. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL PENALTY. (a)
An owner or operator of a group home shall obtain criminal history
record information maintained by the Department of Public Safety of
the State of Texas on each 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 applicant's or
employee's conviction of an offense under Chapter 19, 20, 20A, 21,
22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, or 71, Penal Code,
or Section 48.015, 48.02, 48.03, or 48.04, Penal Code, or any other
offense punishable as a Class A misdemeanor or a felony.
(c) An owner or operator of a group home 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 188 passed the Senate on
April 27, 2023, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 188 passed the House on
May 9, 2023, by the following vote: Yeas 114, Nays 28, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor