89R15589 EAS-D
By: Campos H.B. No. 3589
A BILL TO BE ENTITLED
AN ACT
relating to the licensure and regulation of certain group home
facilities; authorizing a fee; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 769, Health and Safety Code, as added by
Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular
Session, 2023, is transferred to Subtitle B, Title 4, Health and
Safety Code, redesignated as Chapter 260E, Health and Safety Code,
and amended to read as follows:
CHAPTER 260E [769]. [REGULATION OF CERTAIN] GROUP HOME FACILITIES
[HOMES]
Sec. 260E.001 [769.001]. DEFINITIONS [DEFINITION]. In
this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "Group [, "group] home facility" means an
establishment that:
(A) [(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
(B) [(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. 260E.002 [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. 260E.003. LICENSE REQUIRED. (a) A person may not
establish or operate a group home facility unless the person holds a
license issued under this chapter.
(b) A person establishing or operating a facility that is
not licensed or is not required to be licensed under this chapter
may not use the term "group home" or "group home facility" in
referring to the facility or the services provided at the facility.
(c) A person establishing or operating a group home facility
not required to be licensed but who elects to hold a license under
this chapter may use the term "group home" or "group home facility"
in referring to the group home facility or the services provided at
the group home facility.
(d) The executive commissioner by rule shall establish
procedures to issue a six-month provisional license to existing
group home facilities with residents. The commission may issue a
provisional license if:
(1) the group home facility is in compliance with
resident care standards;
(2) the group home facility voluntarily discloses the
group home facility needs additional time to comply with life
safety code standards; and
(3) the disclosure under Subdivision (2) is written
and sent by certified mail to the commission promptly after the
applicant has knowledge additional time is needed.
(e) A provisional license expires the earlier of:
(1) the 180th day after the effective date of the
provisional license or the end of any extension period granted by
the commission, in the commission's sole discretion; or
(2) the date a license is issued to the provisional
license holder under Subsection (g).
(f) The commission shall conduct a life safety code
inspection of the group home facility as soon as reasonably
possible after the commission issues a provisional license.
(g) After conducting a life safety code inspection, the
commission shall issue a license under Section 260E.005 to the
provisional license holder if the group home facility passes the
inspection and the applicant satisfies all requirements for a
license. A license issued under this subsection has the same
effective date as the provisional license.
Sec. 260E.004. LICENSE APPLICATION. (a) An applicant for a
group home facility must submit an application to the commission on
a form prescribed by the commission.
(b) Each application must be accompanied by a nonrefundable
license fee in an amount the executive commissioner sets by rule.
Sec. 260E.005. ISSUANCE AND RENEWAL OF LICENSE. (a) The
commission shall issue a license if, after inspection and
investigation, the commission determines the applicant, the group
home facility, and all controlling persons of the applicant or
group home facility meet the requirements of this chapter and the
standards adopted under this chapter. The license expires on the
third anniversary of the date of issuance.
(b) To renew a license, the license holder must submit to
the commission the license renewal fee.
(c) The commission may require participation in a
continuing education program as a condition of renewal of a
license. The executive commissioner shall adopt rules to implement
this subsection.
Sec. 260E.006 [769.003]. CRIMINAL HISTORY RECORD
INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL
PENALTY. (a) An owner or operator of a group home facility 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 facility.
(b) An owner or operator of a group home facility 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 facility who
violates Subsection (b) commits an offense. An offense under this
section is a Class A misdemeanor.
Sec. 260E.007. STANDARDS. (a) The executive commissioner
by rule shall prescribe minimum standards to protect the health and
safety of a group home facility resident.
(b) The standards must ensure quality care and protection of
the residents' health and safety without excessive cost.
Sec. 260E.008. INSPECTIONS. (a) The commission:
(1) shall inspect each group home facility at least
every two years following the issuance or renewal of a license under
this chapter; and
(2) may inspect a facility at other reasonable times
as necessary to ensure compliance with this chapter and rules
adopted under this chapter.
(b) The commission shall establish an inspection list based
on the minimum standards prescribed under Section 260E.007 that
describes the matters subject to inspection. The commission shall
use the inspection list in conducting inspections under this
section.
(c) At the conclusion of an inspection under this section,
the inspector shall:
(1) advise the group home facility of the results of
the inspection;
(2) provide a copy of the inspection list to the group
home facility; and
(3) list each violation discovered during the
inspection, with specific reference to the standard violated.
(d) The executive commissioner by rule shall develop and
implement a training program to provide specialized training to
commission employees who inspect group home facilities under this
section.
Sec. 260E.009. DENIAL, SUSPENSION, OR REVOCATION OF
LICENSE. (a) The commission, after providing notice and
opportunity for a hearing to the applicant or license holder, may
deny, suspend, or revoke a license if the commission determines the
applicant, license holder, or a controlling person of the applicant
or license holder has violated this chapter or a rule, standard, or
order adopted under this chapter in either a repeated or
substantial manner.
(b) The denial, suspension, or revocation of a license by
the commission and the appeal from that action are governed by the
procedures for a contested case hearing under Chapter 2001,
Government Code.
(c) The status of a person as an applicant for a license or
as a license holder is preserved until final disposition of the
contested matter, except as the court with jurisdiction of a
judicial review of the matter may order in the public interest for
the welfare and safety of the group home facility residents.
Sec. 260E.010. EMERGENCY SUSPENSION OR CLOSING ORDER. (a)
If the commission determines a group home facility is operating in
violation of the standards prescribed by this chapter and the
violations create an immediate threat to the health and safety of a
facility resident, the commission may suspend the license or order
immediate closing of all or part of the facility.
(b) The commission shall provide for the relocation of
residents of a group home facility that is closed. The executive
commissioner shall adopt rules governing relocation procedures
under this section.
Sec. 260E.011. RULES. The executive commissioner shall
adopt rules necessary to implement this chapter, including
requirements for the issuance, renewal, denial, suspension, and
revocation of a license to operate a group home facility.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules as required by Chapter 260E,
Health and Safety Code, as added by this Act.
SECTION 3. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. This Act takes effect September 1, 2025.