Texas 2025 - 89th Regular

Texas House Bill HB3589 Compare Versions

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Old	New	Differences
1	1	89R15589 EAS-D
2	2	By: Campos H.B. No. 3589
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensure and regulation of certain group home
10	10	facilities; authorizing a fee; creating an offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 769, Health and Safety Code, as added by
13	13	Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular
14	14	Session, 2023, is transferred to Subtitle B, Title 4, Health and
15	15	Safety Code, redesignated as Chapter 260E, Health and Safety Code,
16	16	and amended to read as follows:
17	17	CHAPTER 260E [769]. [REGULATION OF CERTAIN] GROUP HOME FACILITIES
18	18	[HOMES]
19	19	Sec. 260E.001 [769.001]. DEFINITIONS [DEFINITION]. In
20	20	this chapter:
21	21	(1) "Commission" means the Health and Human Services
22	22	Commission.
23	23	(2) "Executive commissioner" means the executive
24	24	commissioner of the Health and Human Services Commission.
25	25	(3) "Group [, "group] home facility" means an
26	26	establishment that:
27	27	(A) [(1)] provides, in one or more buildings,
28	28	lodging to three or more residents who are unrelated by blood or
29	29	marriage to the owner of the establishment; and
30	30	(B) [(2)] provides those residents with
31	31	community meals, light housework, meal preparation,
32	32	transportation, grocery shopping, money management, laundry
33	33	services, or assistance with self-administration of medication but
34	34	does not provide personal care services as defined by Section
35	35	247.002.
36	36	Sec. 260E.002 [769.002]. EXEMPTIONS. This chapter does
37	37	not apply to:
38	38	(1) a person who holds a license issued under Chapter
39	39	142, 242, 246, 247, or 252;
40	40	(2) a person, establishment, or facility exempt from
41	41	licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4);
42	42	(3) a hotel as defined by Section 156.001, Tax Code;
43	43	(4) a retirement community;
44	44	(5) a monastery or convent;
45	45	(6) a child-care facility as defined by Section
46	46	42.002, Human Resources Code;
47	47	(7) a family violence shelter center as defined by
48	48	Section 51.002, Human Resources Code; or
49	49	(8) a sorority or fraternity house or other dormitory
50	50	associated with an institution of higher education.
51	51	Sec. 260E.003. LICENSE REQUIRED. (a) A person may not
52	52	establish or operate a group home facility unless the person holds a
53	53	license issued under this chapter.
54	54	(b) A person establishing or operating a facility that is
55	55	not licensed or is not required to be licensed under this chapter
56	56	may not use the term "group home" or "group home facility" in
57	57	referring to the facility or the services provided at the facility.
58	58	(c) A person establishing or operating a group home facility
59	59	not required to be licensed but who elects to hold a license under
60	60	this chapter may use the term "group home" or "group home facility"
61	61	in referring to the group home facility or the services provided at
62	62	the group home facility.
63	63	(d) The executive commissioner by rule shall establish
64	64	procedures to issue a six-month provisional license to existing
65	65	group home facilities with residents. The commission may issue a
66	66	provisional license if:
67	67	(1) the group home facility is in compliance with
68	68	resident care standards;
69	69	(2) the group home facility voluntarily discloses the
70	70	group home facility needs additional time to comply with life
71	71	safety code standards; and
72	72	(3) the disclosure under Subdivision (2) is written
73	73	and sent by certified mail to the commission promptly after the
74	74	applicant has knowledge additional time is needed.
75	75	(e) A provisional license expires the earlier of:
76	76	(1) the 180th day after the effective date of the
77	77	provisional license or the end of any extension period granted by
78	78	the commission, in the commission's sole discretion; or
79	79	(2) the date a license is issued to the provisional
80	80	license holder under Subsection (g).
81	81	(f) The commission shall conduct a life safety code
82	82	inspection of the group home facility as soon as reasonably
83	83	possible after the commission issues a provisional license.
84	84	(g) After conducting a life safety code inspection, the
85	85	commission shall issue a license under Section 260E.005 to the
86	86	provisional license holder if the group home facility passes the
87	87	inspection and the applicant satisfies all requirements for a
88	88	license. A license issued under this subsection has the same
89	89	effective date as the provisional license.
90	90	Sec. 260E.004. LICENSE APPLICATION. (a) An applicant for a
91	91	group home facility must submit an application to the commission on
92	92	a form prescribed by the commission.
93	93	(b) Each application must be accompanied by a nonrefundable
94	94	license fee in an amount the executive commissioner sets by rule.
95	95	Sec. 260E.005. ISSUANCE AND RENEWAL OF LICENSE. (a) The
96	96	commission shall issue a license if, after inspection and
97	97	investigation, the commission determines the applicant, the group
98	98	home facility, and all controlling persons of the applicant or
99	99	group home facility meet the requirements of this chapter and the
100	100	standards adopted under this chapter. The license expires on the
101	101	third anniversary of the date of issuance.
102	102	(b) To renew a license, the license holder must submit to
103	103	the commission the license renewal fee.
104	104	(c) The commission may require participation in a
105	105	continuing education program as a condition of renewal of a
106	106	license. The executive commissioner shall adopt rules to implement
107	107	this subsection.
108	108	Sec. 260E.006 [769.003]. CRIMINAL HISTORY RECORD
109	109	INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL
110	110	PENALTY. (a) An owner or operator of a group home facility shall
111	111	obtain criminal history record information maintained by the
112	112	Department of Public Safety of the State of Texas on each individual
113	113	who is an applicant for employment with or an employee of the group
114	114	home facility.
115	115	(b) An owner or operator of a group home facility may not
116	116	hire or continue to employ an individual for whom the owner or
117	117	operator obtains criminal history record information on the
118	118	applicant's or employee's conviction of an offense under Chapter
119	119	19, 20, 20A, 21, 22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, or
120	120	71, Penal Code, or Section 48.015, 48.02, 48.03, or 48.04, Penal
121	121	Code, or any other offense punishable as a Class A misdemeanor or a
122	122	felony.
123	123	(c) An owner or operator of a group home facility who
124	124	violates Subsection (b) commits an offense. An offense under this
125	125	section is a Class A misdemeanor.
126	126	Sec. 260E.007. STANDARDS. (a) The executive commissioner
127	127	by rule shall prescribe minimum standards to protect the health and
128	128	safety of a group home facility resident.
129	129	(b) The standards must ensure quality care and protection of
130	130	the residents' health and safety without excessive cost.
131	131	Sec. 260E.008. INSPECTIONS. (a) The commission:
132	132	(1) shall inspect each group home facility at least
133	133	every two years following the issuance or renewal of a license under
134	134	this chapter; and
135	135	(2) may inspect a facility at other reasonable times
136	136	as necessary to ensure compliance with this chapter and rules
137	137	adopted under this chapter.
138	138	(b) The commission shall establish an inspection list based
139	139	on the minimum standards prescribed under Section 260E.007 that
140	140	describes the matters subject to inspection. The commission shall
141	141	use the inspection list in conducting inspections under this
142	142	section.
143	143	(c) At the conclusion of an inspection under this section,
144	144	the inspector shall:
145	145	(1) advise the group home facility of the results of
146	146	the inspection;
147	147	(2) provide a copy of the inspection list to the group
148	148	home facility; and
149	149	(3) list each violation discovered during the
150	150	inspection, with specific reference to the standard violated.
151	151	(d) The executive commissioner by rule shall develop and
152	152	implement a training program to provide specialized training to
153	153	commission employees who inspect group home facilities under this
154	154	section.
155	155	Sec. 260E.009. DENIAL, SUSPENSION, OR REVOCATION OF
156	156	LICENSE. (a) The commission, after providing notice and
157	157	opportunity for a hearing to the applicant or license holder, may
158	158	deny, suspend, or revoke a license if the commission determines the
159	159	applicant, license holder, or a controlling person of the applicant
160	160	or license holder has violated this chapter or a rule, standard, or
161	161	order adopted under this chapter in either a repeated or
162	162	substantial manner.
163	163	(b) The denial, suspension, or revocation of a license by
164	164	the commission and the appeal from that action are governed by the
165	165	procedures for a contested case hearing under Chapter 2001,
166	166	Government Code.
167	167	(c) The status of a person as an applicant for a license or
168	168	as a license holder is preserved until final disposition of the
169	169	contested matter, except as the court with jurisdiction of a
170	170	judicial review of the matter may order in the public interest for
171	171	the welfare and safety of the group home facility residents.
172	172	Sec. 260E.010. EMERGENCY SUSPENSION OR CLOSING ORDER. (a)
173	173	If the commission determines a group home facility is operating in
174	174	violation of the standards prescribed by this chapter and the
175	175	violations create an immediate threat to the health and safety of a
176	176	facility resident, the commission may suspend the license or order
177	177	immediate closing of all or part of the facility.
178	178	(b) The commission shall provide for the relocation of
179	179	residents of a group home facility that is closed. The executive
180	180	commissioner shall adopt rules governing relocation procedures
181	181	under this section.
182	182	Sec. 260E.011. RULES. The executive commissioner shall
183	183	adopt rules necessary to implement this chapter, including
184	184	requirements for the issuance, renewal, denial, suspension, and
185	185	revocation of a license to operate a group home facility.
186	186	SECTION 2. As soon as practicable after the effective date
187	187	of this Act, the executive commissioner of the Health and Human
188	188	Services Commission shall adopt rules as required by Chapter 260E,
189	189	Health and Safety Code, as added by this Act.
190	190	SECTION 3. To the extent of any conflict, this Act prevails
191	191	over another Act of the 89th Legislature, Regular Session, 2025,
192	192	relating to nonsubstantive additions to and corrections in enacted
193	193	codes.
194	194	SECTION 4. This Act takes effect September 1, 2025.