BILL ANALYSIS

S.B. 1137

By: Miles

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that group home consultants receive referral fees for directing potential residents to group homes, without verifying whether the facilities are properly licensed or permitted. This practice can lead to vulnerable individuals being placed in unregulated and potentially unsafe living conditions. The bill sponsor has also informed the committee that a consultant may direct a resident to an unlicensed group home that lacks oversight, proper staffing, or adequate living conditions, putting the resident at risk of neglect or abuse, even when they know of reports of inadequate living conditions. S.B. 1137 seeks to address this issue by prohibiting group home consultants from referring residents to unlicensed or unpermitted group homes, except when licensed or permitted options either do not exist in a given region or would be unaffordable for the potential resident or their family. If a referral to an unlicensed or unpermitted group home is made, the consultant must inform the potential resident of any complaints against the group home of which the consultant has actual knowledge.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1137 amends the Health and Safety Code to prohibit a group home consultant from referring a potential resident to a group home operated by a person who does not hold a license or permit for the group home issued in accordance with applicable state laws or local regulations, except that a group home consultant may refer a potential resident to an unlicensed or unpermitted group home if either of the following circumstances apply:

· no group home is licensed or permitted to operate in the geographic region where the potential resident desires to reside; or

· the potential resident or potential resident's family cannot afford the cost of residing in a licensed or permitted group home referred by the group home consultant in the region where the potential resident desires to reside.

The bill requires a group home consultant, before referring a potential resident to an unlicensed or unpermitted group home, to inform the potential resident of any complaints against the group home of which the consultant has actual knowledge. The bill defines "group home consultant" as a person with knowledge of group homes who refers potential residents of a group home to specific group homes and collects compensation for the referral.

S.B. 1137 creates a Class B misdemeanor offense for a group home consultant who violates the bill's provisions.

EFFECTIVE DATE

September 1, 2025.