BILL ANALYSIS Senate Research Center S.B. 1681 89R4947 MPF-D By: Menndez Health & Human Services 4/14/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In 2021, the Texas Legislature passed S.B. 500, which directed the Health and Human Services Commission (HHSC) to assess the oversight of boarding home facilities (also known as "group homes") in Texas. This comprehensive report included recommendations, including the need for these facilities to report certain data. S.B. 500 was a response to the prevalence of unpermitted boarding home facilities in the state and those facilities operating in subhuman conditions. Unfortunately, abuse, neglect, and exploitation is prevalent within Texas' boarding home facility system. These facilities care for some of society's most vulnerable populations, including older adults and individuals with intellectual and developmental disabilities, many of whom are low-income. Boarding home facilities are regulated at the local level through ordinances, including fair housing codes, public accommodation standards, and zoning codes. However, because some municipalities have not adopted particular HHSC standards, they are not required to report information to HHSC. As a result, there is a general lack of information about the operations of boarding home facilities in this state. This data is important for having a more clear understanding of what is going on within Texas boarding home facilities and to ensure residents of those facilities are safe. S.B. 1681 requires each county or municipality that regulates boarding home facilities to submit a report to HHSC regarding their facilities' standards, reasonable accommodations for residents, facility closures, information on how the city or municipality supports the facilities, and any updates to a facility's standards. As proposed, S.B. 1681 amends current law relating to an annual boarding home facility report for certain counties and municipalities. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 (Section 260.0105, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 260, Health and Safety Code, by adding Section 260.0105, as follows: Sec. 260.0105. COUNTY AND MUNICIPALITY REPORTING REQUIREMENTS. (a) Requires each county or municipality that regulates boarding home facilities, including a county or municipality that requires a person to obtain a permit to operate a boarding home facility as authorized by Section 260.004 (Local Regulation), not later than September 30 of each year, to submit to the Health and Human Services Commission (HHSC) in the form and manner HHSC requires a written report that includes: (1) the county's or municipality's standards or ordinances applicable to boarding home facilities in effect on the date the report is submitted; (2) any policies or procedures the county or municipality requires to consider a resident's or prospective resident's reasonable accommodation request; (3) during the preceding year, the total number of reasonable accommodation requests received; approved, and rejected, including the reason a request was rejected, complaints or actions brought against a boarding home facility located in the county or municipality related to a violation of federal or state fair housing laws; and boarding home facility closures, including the reason a facility closed and the accommodations provided to the facility's former residents; (4) information on any activities the county or municipality performs to support the operators of boarding home facilities in complying with applicable regulations; and (5) a summary of complaints the county or municipality receives against boarding home facilities located in the county or municipality. (b) Requires each county or municipality to report to HHSC any updates made to the standards or ordinances described by Subsection (a)(1) after the report is submitted under that subsection. Requires a county or municipality to report the updates in the form and manner HHSC requires. (c) Authorizes the executive commissioner of HHSC to adopt rules as necessary to implement this section. SECTION 2. Provides that, notwithstanding Section 260.0105, Health and Safety Code, as added by this Act, a county or municipality is not required to submit a report required by that section until September 30, 2026. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1681
89R4947 MPF-D By: Menndez
Health & Human Services
4/14/2025
As Filed
Senate Research Center
S.B. 1681
89R4947 MPF-D
By: Menndez
Health & Human Services
4/14/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In 2021, the Texas Legislature passed S.B. 500, which directed the Health and Human Services Commission (HHSC) to assess the oversight of boarding home facilities (also known as "group homes") in Texas. This comprehensive report included recommendations, including the need for these facilities to report certain data. S.B. 500 was a response to the prevalence of unpermitted boarding home facilities in the state and those facilities operating in subhuman conditions.
Unfortunately, abuse, neglect, and exploitation is prevalent within Texas' boarding home facility system. These facilities care for some of society's most vulnerable populations, including older adults and individuals with intellectual and developmental disabilities, many of whom are low-income. Boarding home facilities are regulated at the local level through ordinances, including fair housing codes, public accommodation standards, and zoning codes. However, because some municipalities have not adopted particular HHSC standards, they are not required to report information to HHSC. As a result, there is a general lack of information about the operations of boarding home facilities in this state. This data is important for having a more clear understanding of what is going on within Texas boarding home facilities and to ensure residents of those facilities are safe.
S.B. 1681 requires each county or municipality that regulates boarding home facilities to submit a report to HHSC regarding their facilities' standards, reasonable accommodations for residents, facility closures, information on how the city or municipality supports the facilities, and any updates to a facility's standards.
As proposed, S.B. 1681 amends current law relating to an annual boarding home facility report for certain counties and municipalities.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 (Section 260.0105, Health and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 260, Health and Safety Code, by adding Section 260.0105, as follows:
Sec. 260.0105. COUNTY AND MUNICIPALITY REPORTING REQUIREMENTS. (a) Requires each county or municipality that regulates boarding home facilities, including a county or municipality that requires a person to obtain a permit to operate a boarding home facility as authorized by Section 260.004 (Local Regulation), not later than September 30 of each year, to submit to the Health and Human Services Commission (HHSC) in the form and manner HHSC requires a written report that includes:
(1) the county's or municipality's standards or ordinances applicable to boarding home facilities in effect on the date the report is submitted;
(2) any policies or procedures the county or municipality requires to consider a resident's or prospective resident's reasonable accommodation request;
(3) during the preceding year, the total number of reasonable accommodation requests received; approved, and rejected, including the reason a request was rejected, complaints or actions brought against a boarding home facility located in the county or municipality related to a violation of federal or state fair housing laws; and boarding home facility closures, including the reason a facility closed and the accommodations provided to the facility's former residents;
(4) information on any activities the county or municipality performs to support the operators of boarding home facilities in complying with applicable regulations; and
(5) a summary of complaints the county or municipality receives against boarding home facilities located in the county or municipality.
(b) Requires each county or municipality to report to HHSC any updates made to the standards or ordinances described by Subsection (a)(1) after the report is submitted under that subsection. Requires a county or municipality to report the updates in the form and manner HHSC requires.
(c) Authorizes the executive commissioner of HHSC to adopt rules as necessary to implement this section.
SECTION 2. Provides that, notwithstanding Section 260.0105, Health and Safety Code, as added by this Act, a county or municipality is not required to submit a report required by that section until September 30, 2026.
SECTION 3. Effective date: September 1, 2025.