| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to criminal history record information checks for |
|
|
applicants for employment and employees of group homes; creating a |
|
|
criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
|
|
amended by adding Chapter 769 to read as follows: |
|
|
CHAPTER 769. REGULATION OF CERTAIN GROUP HOMES |
|
|
Sec. 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. 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. 769.003. CRIMINAL HISTORY RECORD INFORMATION |
|
|
REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL 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. |
|
|
(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, 48, or 71, 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 (b) commits an offense. An offense under this section is |
|
|
a Class A misdemeanor. |
|
|
SECTION 2. Section 769.003, Health and Safety Code, as |
|
|
added by this Act, applies only to an application for employment |
|
|
submitted on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |