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A BILL TO BE ENTITLED
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AN ACT
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relating to the sex offender status of a person who becomes a |
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resident of certain group home facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 4, Health and Safety Code, is |
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amended by adding Chapter 325 to read as follows: |
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CHAPTER 325. NOTICE OF SEX OFFENDER STATUS TO RESIDENTS OF GROUP |
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HOME |
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Sec. 325.001. DEFINITIONS. In this chapter: |
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(1) "Director" means the administrator primarily |
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responsible for the operation of a group home. |
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(2) "Group home" includes: |
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(A) an assisted living facility, as defined by |
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Section 247.002; |
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(B) a boarding home facility, as defined by |
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Section 260.001; |
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(C) a facility as defined by Section 246.002; |
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(D) a supportive housing facility operated by the |
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state, a local government, or a private agency that provides |
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supportive services to persons with mental illness, substance use |
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conditions, or physical disabilities who require access to |
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rehabilitative services and a stable living arrangement to maintain |
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consistent treatment regimens; and |
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(E) a transitional housing facility designed to |
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facilitate the transition from inpatient to outpatient care or, |
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within a reasonable time, the transition from homelessness to |
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permanent housing for persons with serious mental illnesses, |
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substance use conditions, or physical disabilities and who may |
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require intensive case management and assistance with long-term |
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goal planning and independent living skills. |
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(3) "Resident" means a person who resides and receives |
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services at a group home. |
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Sec. 325.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to a group home that accepts or is assigned only residents |
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who are sex offenders required to register under Chapter 62, Code of |
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Criminal Procedure, if the residents receive treatment at the group |
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home from a sex offender treatment provider who is licensed under |
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Chapter 110, Occupations Code. |
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Sec. 325.003. SEX OFFENDER STATUS CHECK. Except as |
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provided by Section 325.002, as soon as practicable after a person |
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requests to live at a group home or is assigned to live at a group |
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home as a condition of community supervision or as a condition of |
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release on parole or to mandatory supervision, the director of the |
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group home shall ascertain whether the person is registered under |
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Chapter 62, Code of Criminal Procedure, by consulting the Internet |
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website maintained by the Department of Public Safety that contains |
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the sex offender database. |
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Sec. 325.004. NOTICE TO OTHER RESIDENTS REQUIRED. If based |
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on information obtained under Section 325.003 the director |
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ascertains that a person is a registered sex offender, not later |
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than the third day after the date the person becomes a resident of |
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the group home, the director shall provide notice to current |
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residents of the home that the person is a sex offender. The notice |
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must contain all of the information about the person that is |
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available on the website described by Section 325.003. |
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Sec. 325.005. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION. |
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A group home or its director is not liable under any law for damages |
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arising from conduct required under this chapter. |
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SECTION 2. The changes in law made by this Act apply to the |
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admission of a resident to a group home that occurs on or after the |
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effective date of this Act. An admission that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date of the admission, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |