BILL ANALYSIS

Senate Research Center	S.B. 1782
89R10668 EAS-D	By: Miles
	Health & Human Services
	5/1/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 2023, the legislature passed S.B. 188, which required group homes to perform background checks on applicants and employees and created a penalty if they did not. However, because there was no requirement to have the group homes maintain records of the background checks, it is difficult to prosecute them.

S.B. 1782 requires that group homes keep the background checks that are performed. For background checks that are performed on applicants, a group home is required to keep the records for 30 days after the position has been filled. Also, it requires them to keep records of the background checks on all employees as long as they are employed. It maintains the penalty of a Class A misdemeanor for failing to keep record of employees and creates a new penalty of a Class B misdemeanor for failure to keep record of applicants.

As proposed, S.B. 1782 amends current law relating to the maintenance of criminal history record information for group home applicants and employees and creates a criminal offense.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Redesignates Chapter 769, Health and Safety Code, as added by Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular Session, 2023, as Chapter 767, Health and Safety Code, and amends it, as follows:

CHAPTER 767. REGULATION OF CERTAIN GROUP HOMES

Sec. 767.001-767.002. Redesignates existing Sections 769.001 and 769.002 as Sections 767.001 and 767.002 and makes no further changes.

Sec. 767.003. New heading: CRIMINAL HISTORY RECORD INFORMATION REQUIRED FOR APPLICANTS AND EMPLOYEES; REQUIRED RETENTION; CRIMINAL PENALTIES. Redesignates existing Section 769.003 as Section 767.003. (a) Requires the owner or operator of a group home to maintain the criminal history information described by this subsection for an applicant who is not hired, for not less than 30 days after the date the position for which the applicant applied is filled, and for an applicant who is hired, for the duration of the employee's employment at the group home.

(a-1) Authorizes the owner or operator of a group home to maintain the criminal history record information described by Subsection (a) in either a physical or electronic format.

(b) Makes no changes to this subsection.

(c) Provides that an owner or operator of a group home who violates Subsection (a) or (b) commits an offense. Provides that an offense under Subsection (a) is a Class B misdemeanor. Provides that an offense under Subsection (b), rather than this section, is a Class A misdemeanor.

SECTION 2. Makes application of Section 767.003, Health and Safety Code, as amended by this Act, prospective.

SECTION 3. Provides that, to the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 4. Effective date: September 1, 2025.