BILL ANALYSIS

H.B. 3987

By: Reynolds

Land & Resource Management

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Missouri City, like many Texas municipalities, has seen an influx of boarding-home type facilities. However, many municipalities and counties have not adopted boarding home standards or been able to enforce meaningful regulations against newer boarding home facilities because state law is too restrictive to address local needs. The Health and Human Services Commission Report on Group Home Regulation, as required by S.B. 500, 87th Legislature, found that "[a] new statutory requirement for all counties and municipalities that implement any regulation of boarding homes would help inform the development of any subsequent boarding home regulation by providing a more accurate picture of its cost, scope, and potential challenges." H.B. 3987 seeks to remedy this issue by revising regulations regarding boarding home facilities.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3987 amends the Health and Safety Code to revise the definition of "boarding home facility" for purposes of statutory provisions governing boarding home facilities as follows:

· by removing the condition that the lodging that the establishment furnishes is to persons with disabilities or elderly persons; and

· by replacing the condition that the establishment provide community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication with the condition that the establishment may provide household services to three or more persons.

The bill removes the requirement that fees collected by a county or municipality for the issuance and renewal of a boarding home facility permit and inspections and fines for noncompliance with local boarding home facility regulations be used to administer the county or municipal permitting program or for other purposes directly related to providing boarding home facility or other assisted living services to elderly persons and persons with disabilities. The bill includes among the contents of the annual report each county or municipality that requires a person to obtain a boarding home facility permit must submit to the Health and Human Services Commission the total number of incidents occurring at each boarding home facility that required the intervention of a peace officer.

H.B. 3987 repeals Section 260.011, Health and Safety Code, which prohibits the exclusion of an entity that meets the requirements established by a county or municipality under statutory provisions governing boarding home facilities from a residential area by zoning ordinances or similar regulations.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.