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| 4 | 9 | | |
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| 5 | 10 | | |
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| 6 | 11 | | A BILL TO BE ENTITLED |
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| 7 | 12 | | AN ACT |
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| 8 | 13 | | relating to group home consultant referrals; creating a criminal |
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| 9 | 14 | | offense. |
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| 10 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 16 | | SECTION 1. Chapter 769, Health and Safety Code, as added by |
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| 12 | 17 | | Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular |
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| 13 | 18 | | Session, 2023, is redesignated as Chapter 767, Health and Safety |
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| 14 | 19 | | Code, and amended to read as follows: |
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| 15 | 20 | | CHAPTER 767 [769]. REGULATION OF CERTAIN GROUP HOMES |
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| 16 | 21 | | Sec. 767.001 [769.001]. DEFINITION. In this chapter, |
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| 17 | 22 | | "group home" means an establishment that: |
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| 18 | 23 | | (1) provides, in one or more buildings, lodging to |
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| 19 | 24 | | three or more residents who are unrelated by blood or marriage to |
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| 20 | 25 | | the owner of the establishment; and |
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| 21 | 26 | | (2) provides those residents with community meals, |
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| 22 | 27 | | light housework, meal preparation, transportation, grocery |
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| 23 | 28 | | shopping, money management, laundry services, or assistance with |
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| 24 | 29 | | self-administration of medication but does not provide personal |
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| 25 | 30 | | care services as defined by Section 247.002. |
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| 26 | 31 | | Sec. 767.002 [769.002]. EXEMPTIONS. This chapter does not |
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| 27 | 32 | | apply to: |
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| 28 | 33 | | (1) a person who holds a license issued under Chapter |
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| 29 | 34 | | 142, 242, 246, 247, or 252; |
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| 30 | 35 | | (2) a person, establishment, or facility exempt from |
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| 31 | 36 | | licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4); |
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| 32 | 37 | | (3) a hotel as defined by Section 156.001, Tax Code; |
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| 33 | 38 | | (4) a retirement community; |
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| 34 | 39 | | (5) a monastery or convent; |
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| 35 | 40 | | (6) a child-care facility as defined by Section |
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| 36 | 41 | | 42.002, Human Resources Code; |
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| 37 | 42 | | (7) a family violence shelter center as defined by |
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| 38 | 43 | | Section 51.002, Human Resources Code; or |
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| 39 | 44 | | (8) a sorority or fraternity house or other dormitory |
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| 40 | 45 | | associated with an institution of higher education. |
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| 41 | 46 | | Sec. 767.003 [769.003]. CRIMINAL HISTORY RECORD |
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| 42 | 47 | | INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL |
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| 43 | 48 | | PENALTY. (a) An owner or operator of a group home shall obtain |
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| 44 | 49 | | criminal history record information maintained by the Department of |
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| 45 | 50 | | Public Safety of the State of Texas on each individual who is an |
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| 46 | 51 | | applicant for employment with or an employee of the group home. |
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| 47 | 52 | | (b) An owner or operator of a group home may not hire or |
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| 48 | 53 | | continue to employ an individual for whom the owner or operator |
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| 49 | 54 | | obtains criminal history record information on the applicant's or |
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| 50 | 55 | | employee's conviction of an offense under Chapter 19, 20, 20A, 21, |
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| 51 | 56 | | 22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, or 71, Penal Code, |
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| 52 | 57 | | or Section 48.015, 48.02, 48.03, or 48.04, Penal Code, or any other |
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| 53 | 58 | | offense punishable as a Class A misdemeanor or a felony. |
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| 54 | 59 | | (c) An owner or operator of a group home who violates |
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| 55 | 60 | | Subsection (b) commits an offense. An offense under this section is |
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| 56 | 61 | | a Class A misdemeanor. |
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| 57 | 62 | | Sec. 767.004. GROUP HOME CONSULTANT REFERRALS; CRIMINAL |
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| 58 | 63 | | PENALTY. (a) In this section, "group home consultant" means a |
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| 59 | 64 | | person with knowledge of group homes who: |
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| 60 | 65 | | (1) refers potential residents of a group home to |
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| 61 | 66 | | specific group homes; and |
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| 62 | 67 | | (2) collects compensation for the referral. |
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| 63 | 68 | | (b) Except as provided by Subsection (c) and subject to |
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| 64 | 69 | | Subsection (d), a group home consultant may not refer a potential |
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| 65 | 70 | | resident to a group home operated by a person who does not hold a |
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| 66 | 71 | | license or permit for the group home issued in accordance with |
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| 67 | 72 | | applicable state laws or local regulations. |
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| 68 | 73 | | (c) Subject to Subsection (d), a group home consultant may |
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| 69 | 74 | | refer a potential resident to an unlicensed or unpermitted group |
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| 70 | 75 | | home only if: |
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| 71 | 76 | | (1) no group home is licensed or permitted to operate |
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| 72 | 77 | | in the geographic region where the potential resident desires to |
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| 73 | 78 | | reside; or |
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| 74 | 79 | | (2) the potential resident or potential resident's |
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| 75 | 80 | | family cannot afford the cost of residing in a licensed or permitted |
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| 76 | 81 | | group home referred by the group home consultant in the region where |
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| 77 | 82 | | the potential resident desires to reside. |
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| 78 | 83 | | (d) Before referring a potential resident to an unlicensed |
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| 79 | 84 | | or unpermitted group home, a group home consultant must inform the |
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| 80 | 85 | | potential resident of any complaints against the group home of |
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| 81 | 86 | | which the consultant has actual knowledge. |
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| 82 | 87 | | (e) A group home consultant who violates this section |
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| 83 | 88 | | commits an offense. An offense under this section is a Class B |
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| 84 | 89 | | misdemeanor. |
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| 85 | 90 | | SECTION 2. This Act takes effect September 1, 2025. |
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