By: Miles, West S.B. No. 1137
A BILL TO BE ENTITLED
AN ACT
relating to group home consultant referrals; creating a criminal
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 redesignated as Chapter 767, Health and Safety
Code, and amended to read as follows:
CHAPTER 767 [769]. REGULATION OF CERTAIN GROUP HOMES
Sec. 767.001 [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. 767.002 [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. 767.003 [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.
Sec. 767.004. GROUP HOME CONSULTANT REFERRALS; CRIMINAL
PENALTY. (a) In this section, "group home consultant" means a
person with knowledge of group homes who:
(1) refers potential residents of a group home to
specific group homes; and
(2) collects compensation for the referral.
(b) Except as provided by Subsection (c) and subject to
Subsection (d), a group home consultant may not refer a potential
resident to a group home operated by a person who does not hold a
license or permit for the group home issued in accordance with
applicable state laws or local regulations.
(c) Subject to Subsection (d), a group home consultant may
refer a potential resident to an unlicensed or unpermitted group
home only if:
(1) no group home is licensed or permitted to operate
in the geographic region where the potential resident desires to
reside; or
(2) the potential resident or potential resident's
family cannot afford the cost of residing in a licensed or permitted
group home referred by the group home consultant in the region where
the potential resident desires to reside.
(d) Before referring a potential resident to an unlicensed
or unpermitted group home, a group home consultant must inform the
potential resident of any complaints against the group home of
which the consultant has actual knowledge.
(e) A group home consultant who violates this section
commits an offense. An offense under this section is a Class B
misdemeanor.
SECTION 2. This Act takes effect September 1, 2025.