| |
| |
| |
|
|
AN ACT
|
|
|
relating to creating the criminal offense of operating a boarding |
|
|
home facility without a permit and to a study regarding the |
|
|
regulation of group homes. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 260, Health and Safety Code, is amended |
|
|
by adding Section 260.0051 to read as follows: |
|
|
Sec. 260.0051. CRIMINAL PENALTY. (a) This section applies |
|
|
only to a county or municipality that requires a person to obtain a |
|
|
permit to operate a boarding home facility as authorized by Section |
|
|
260.004. |
|
|
(b) A person commits an offense if the person operates a |
|
|
boarding home facility without a permit in a county or municipality |
|
|
to which this section applies. |
|
|
(c) An offense under this section is a Class B misdemeanor. |
|
|
SECTION 2. (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 3. This Act takes effect September 1, 2021. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 500 passed the Senate on |
|
|
April 29, 2021, by the following vote: Yeas 31, Nays 0; and that |
|
|
the Senate concurred in House amendment on May 29, 2021, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 500 passed the House, with |
|
|
amendment, on May 26, 2021, by the following vote: Yeas 92, |
|
|
Nays 55, one present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |