88R1353 MCF-D
 
  By: Reynolds H.B. No. 1219
 
 
 
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.