89R5913 EAS-D
By: West S.B. No. 1402
A BILL TO BE ENTITLED
AN ACT
relating to group home registration with municipal police
departments or county sheriff's departments and welfare checks on
group home residents; providing a civil penalty.
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 amended by adding Sections 769.004 and 769.005 to
read as follows:
Sec. 769.004. GROUP HOME REGISTRATION REQUIRED; CIVIL
PENALTY. (a) Not later than the 60th day after the date a group
home begins operating, the owner or operator of the group home
shall:
(1) for a group home located in a municipality,
register with:
(A) the municipality's police department; or
(B) the sheriff's department of the county in
which the group home is located if the municipality does not have a
police department; or
(2) for a group home located in the unincorporated
area of a county, register with the sheriff's department of the
county.
(b) The registration required by Subsection (a) must:
(1) be in the form and manner prescribed by the
municipal police department or sheriff's department, as
applicable; and
(2) include:
(A) contact information for the owner or operator
of the group home; and
(B) emergency contact information for another
group home representative if the contact information used during an
emergency is different than the contact information for the owner
or operator.
(c) A group home that violates Subsection (a) is liable for
a civil penalty of $2,500 for the first violation. Each day a
violation continues is considered a separate violation, and the
group home is liable for a civil penalty of $100 for each subsequent
day the violation continues.
(d) The municipality or county served by the police or
sheriff's department with which the group home is required to
register may bring an action to recover the civil penalty
authorized by Subsection (c). The municipality or county may
recover court costs and attorney's fees incurred in bringing the
action if the municipality or county prevails in the action.
Sec. 769.005. WELFARE CHECKS. Notwithstanding any other
law, a municipal police department or a sheriff's department may
conduct periodic welfare checks on residents of group homes
required to register with the department under this chapter.
SECTION 2. It is the intent of the 89th Legislature, Regular
Session, 2025, that the amendments made by this Act be harmonized
with another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 3. Not later than November 1, 2025, each group home
in this state that began operating before the effective date of this
Act shall register with a municipal police department or sheriff's
department, as applicable, as required by Section 769.004, Health
and Safety Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.