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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record information checks for |
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applicants for employment and employees of group homes; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 769 to read as follows: |
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CHAPTER 769. REGULATION OF CERTAIN GROUP HOMES |
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Sec. 769.001. DEFINITIONS. In this chapter: |
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(1) "Group home" means an establishment: |
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(A) in which three or more individuals who are |
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unrelated to the owner or operator of the establishment reside; |
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(B) that provides residential care services to |
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residents; and |
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(C) that receives payment or other compensation |
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from a local, state, or federal governmental entity for providing |
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residential care services to a resident. |
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(2) "Residential care services" means shelter, |
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protection, meals, health care, mobility assistance, and personal |
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care services, including bathing, dressing, and eating. |
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Sec. 769.002. EMPLOYEES AND APPLICANTS CONVICTED OF CERTAIN |
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OFFENSES; CRIMINAL PENALTY. (a) An owner or operator of a group |
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home must obtain criminal history record information maintained by |
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the Department of Public Safety of the State of Texas that relates |
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to an individual who is an applicant for employment with or an |
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employee of the group home. |
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(b) An owner or operator of a group home may not hire or |
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continue to employ an individual for whom the owner or operator |
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obtains criminal history record information on the employee's or |
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applicant's conviction of an offense that is a Class A or B |
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misdemeanor or a felony. |
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(c) An owner or operator who violates Subsection (b) commits |
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an offense. An offense under this section is a Class A misdemeanor. |
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SECTION 2. Section 769.002, Health and Safety Code, as |
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added by this Act, applies only to an application for employment |
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submitted on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |