By: Reynolds, et al. H.B. No. 149

(Senate Sponsor - Kolkhorst, Miles)

(In the Senate - Received from the House April 19, 2021; May 10, 2021, read first time and referred to Committee on Health & Human Services; May 21, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 21, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 149 By: Powell

A BILL TO BE ENTITLED

AN ACT

relating to a study to evaluate state and local regulation of group homes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) The Health and Human Services Commission shall conduct a study on state and local regulation of group homes.

(b) The study must:

(1) identify and evaluate state laws relating to the regulation of group homes, including:

(A) a boarding home facility, as defined by Section 260.001, Health and Safety Code; and

(B) a community home, described by Chapter 123, Human Resources Code;

(2) analyze the procedures for filing complaints against group homes and make recommendations to expedite complaint processes;

(3) analyze complaints filed against group homes in the preceding 10 years;

(4) analyze the enforcement authority over group homes granted to state and local governmental agencies, including the authority of counties and municipalities to enforce boarding home regulations;

(5) recommend whether additional state and local governmental enforcement authority over group homes is needed;

(6) recommend processes to expedite the licensing of and regulatory procedures for group homes;

(7) determine whether new categories of group homes should be licensed or regulated by state or local governmental agencies;

(8) discuss and recommend methods for identifying unlicensed group homes; and

(9) evaluate whether Section 260.011, Health and Safety Code, which prohibits a county or municipality from excluding boarding home facilities from residential areas by zoning and similar regulations, prevents certain counties and municipalities from regulating boarding home facilities.

(c) Not later than December 1, 2022, the Health and Human Services Commission shall prepare a written or electronic report that includes a summary of the results of the study conducted under this section and any legislative recommendations based on the study and submit the report to the governor, lieutenant governor, speaker of the house of representatives, and members of the standing committees of the senate and the house of representatives with jurisdiction over the Health and Human Services Commission.

SECTION 2. This Act takes effect September 1, 2021.

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