89R10668 EAS-D
By: Miles S.B. No. 1782
A BILL TO BE ENTITLED
AN ACT
relating to the maintenance of criminal history record information
for group home applicants and employees; 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; REQUIRED
RETENTION; CRIMINAL PENALTIES [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. The owner or operator of a group home
shall maintain the criminal history record information described by
this subsection:
(1) for an applicant who is not hired, for not less
than 30 days after the date the position for which the applicant
applied is filled; and
(2) for an applicant who is hired, for the duration of
the employee's employment at the group home.
(a-1) The owner or operator of a group home may maintain the
criminal history record information described by Subsection (a) in
either a physical or electronic format.
(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 (a) or (b) commits an offense. An offense under
Subsection (a) is a Class B misdemeanor. An offense under
Subsection (b) [this section] is a Class A misdemeanor.
SECTION 2. Section 767.003, Health and Safety Code, as
amended by this Act, applies only to an application for employment
submitted on or after the effective date of this Act.
SECTION 3. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. This Act takes effect September 1, 2025.