89R6040 EAS-D

By: Reynolds H.B. No. 2406

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of group home facilities, including optional county or municipal permitting requirements; authorizing a fee; creating criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Health and Safety Code, is amended by adding Chapter 260E to read as follows:

CHAPTER 260E. GROUP HOME FACILITIES

Sec. 260E.001. DEFINITIONS. In this chapter:

(1) "Assistance with self-administering medication" means assisting a resident by:

(A) reminding the resident to take a medication;

(B) opening or removing the resident's medication from a container; or

(C) reminding the resident when a prescription medication needs to be refilled.

(2) "Commission" means the Health and Human Services Commission.

(3) "Elderly person" has the meaning assigned by Section 48.002, Human Resources Code.

(4) "Executive commissioner" means the executive commissioner of the commission.

(5) "Group home facility" means an establishment:

(A) in which three or more persons who are unrelated to the owner or operator of the establishment reside;

(B) that provides residential care services to residents; and

(C) that receives payment or other compensation for the residential care services.

(6) "Person with a disability" has the meaning assigned by Section 48.002, Human Resources Code.

(7) "Resident" means a person residing in a group home facility.

(8) "Residential care services" means shelter, protection, meals, health care, mobility assistance, or personal care services.

Sec. 260E.002. EXEMPTIONS. This chapter does not apply to:

(1) a person required to be licensed under Chapter 142, 242, 246, 247, or 252;

(2) a person exempt from licensing under Section 142.003(a)(19) or (20), 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;

(8) a sorority or fraternity house or other dormitory associated with an institution of higher education; or

(9) a boarding home facility, as defined by Section 260.001.

Sec. 260E.003. MODEL STANDARDS. The executive commissioner shall develop and publish in the Texas Register model standards for the operation of a group home facility relating to:

(1) the construction or remodeling of a group home facility, including plumbing, heating, lighting, ventilation, and other housing conditions, to ensure residents' health, safety, comfort, and protection from fire hazards;

(2) sanitary and related conditions in a group home facility and the facility's surroundings, including insect and rodent control, water supply, sewage disposal, food handling, and general hygiene to ensure residents' health, safety, and comfort;

(3) the report and investigation of injuries, incidents, and unusual accidents and the establishment of other policies and procedures necessary to ensure resident health and safety;

(4) assistance to residents self-administering medication;

(5) in-service education requirements for facility personnel;

(6) criminal history record checks for facility personnel; and

(7) assessment and periodic monitoring to ensure a resident:

(A) does not require the facility to provide services, other than residential care services; and

(B) is capable of self-administering medication.

Sec. 260E.004. LOCAL REGULATION. (a) A county or municipality may require a person to obtain a permit from the county or municipality to operate a group home facility within the county's or municipality's territorial jurisdiction.

(b) A county or municipality may adopt the standards developed under Section 260E.003 and require a group home facility issued a permit by the county or municipality to comply with the adopted standards.

Sec. 260E.005. PERMIT PROCEDURES; FEES; FINES. (a) A county or municipality that requires a person to obtain a group home facility permit to operate within the county's or municipality's territorial jurisdiction may establish procedures for submission of a group home facility permit application and for the issuance, denial, renewal, suspension, and revocation of the permit.

(b) A county or municipality that requires a person to obtain a group home facility permit to operate within the county's or municipality's territorial jurisdiction may:

(1) set reasonable fees for issuing the permit, renewing the permit, and conducting related inspections; and

(2) impose fines for noncompliance with the county or municipal group home facility regulations.

(c) The fees collected and fines imposed by a county or municipality under Subsection (b) must be used to administer the county or municipal permitting program or for other purposes directly related to providing group home facility services, including public safety.

(d) A person required to obtain a group home facility permit shall pay any fees required or fines imposed by the county or municipality.

Sec. 260E.006. CRIMINAL PENALTY. (a) A person commits an offense if the person operates a group home facility in a county or municipality that under Section 260E.004 requires the person to obtain a permit to operate the facility without holding the required permit.

(b) An offense under this section is a Class B misdemeanor.

Sec. 260E.007. REQUIRED DISPLAY. A group home facility issued a permit by a county or municipality shall prominently and conspicuously post for display in a public area of the facility that is readily accessible to residents, the operator, employees, and visitors to the facility:

(1) the permit;

(2) a sign prescribed by the county or municipality that specifies the procedure for a person to submit a complaint against the facility to the county or municipality;

(3) a notice in a form prescribed by the county or municipality stating that inspection and related reports are available to the public at the facility and providing a telephone number from which information concerning the facility is available;

(4) a concise summary of the most recent inspection report for the facility; and

(5) a notice in a form prescribed by the county or municipality that lists the name, location, and contact information for:

(A) the local public health services agency closest in proximity to the facility; and

(B) a local organization that represents, advocates, or serves elderly persons or persons with a disability, including any related toll-free contact information for reporting emergencies to the organization.

Sec. 260E.008. COUNTY OR MUNICIPALITY INSPECTIONS, SURVEYS, AND INVESTIGATIONS; ACCESS TO RECORDS. (a) A county or municipality may:

(1) conduct an inspection, survey, or investigation the county or municipality considers necessary for issuing a group home facility permit; and

(2) enter the premises of a group home facility at reasonable times to conduct an inspection, survey, or investigation.

(b) A county or municipality is entitled to access to books, records, and other documents maintained by or on behalf of a group home facility to the extent necessary to enforce the standards the county or municipality adopts.

Sec. 260E.009. INTERLOCAL COOPERATION. Two or more counties or municipalities may cooperate and contract to jointly inspect and permit group home facilities.

Sec. 260E.010. REPORT AND INVESTIGATION OF ABUSE, NEGLECT, OR EXPLOITATION. (a) A person, including an owner, operator, or employee of a group home facility issued a permit by a county or municipality, who has reasonable cause to believe a resident is being or has been abused, neglected, or exploited shall report the abuse, neglect, or exploitation to the Department of Family and Protective Services for the department or an appropriate law enforcement agency to investigate the alleged abuse, neglect, or exploitation. The Department of Family and Protective Services shall investigate the alleged abuse, neglect, or exploitation as authorized and in the manner provided by Chapter 48, Human Resources Code, or assist the law enforcement agency in the conduct of the investigation.

(b) Each group home facility issued a permit by a county or municipality shall require each facility employee, as a condition of employment with the facility, to sign a statement acknowledging the employee may be criminally liable under Section 48.052, Human Resources Code, for failure to report abuse, neglect, or exploitation of a resident.

(c) An owner, operator, or employee of a group home facility issued a permit by a county or municipality may not retaliate against a facility employee who in good faith:

(1) submits a complaint to the commission's office of inspector general;

(2) cooperates in an investigation conducted by the commission's office of inspector general; or

(3) reports abuse, neglect, or exploitation of a resident to the Department of Family and Protective Services.

Sec. 260E.011. REQUIRED REPORT BY LESSOR OF ABUSE, NEGLECT, OR EXPLOITATION; CRIMINAL PENALTY. (a) A person commits an offense if the person:

(1) is the owner of a building leased to a person for the operation of a group home facility;

(2) has actual knowledge that a resident of the group home facility is being or has been abused, neglected, or exploited; and

(3) fails to report the abuse, neglect, or exploitation to the Department of Family and Protective Services for the department or an appropriate law enforcement agency to investigate.

(b) An offense under this section is a Class A misdemeanor.

Sec. 260E.012. ANNUAL REPORT TO COMMISSION; LEGISLATIVE REPORT. (a) Not later than September 30 of each year, each county or municipality that requires a person to obtain a group home facility permit under Section 260E.004 shall submit to the commission a written report for the preceding state fiscal year that includes the total number of:

(1) group home facility permits issued by the county or municipality;

(2) group home facility permit applications the county or municipality denied and the reason for each denial;

(3) active group home facility permits as of August 31 of that year;

(4) residents housed in each permitted group home facility;

(5) inspections the county or municipality conducted of group home facilities;

(6) permits the county or municipality revoked or suspended as a result of an inspection the county or municipality conducted and a summary of the outcome for the residents displaced by the revocation or suspension of each permit;

(7) incidents occurring at each permitted group home facility that required the intervention of a peace officer, as defined by Article 2A.001, Code of Criminal Procedure; and

(8) incidents occurring at each permitted group home facility that required the intervention of an emergency medical services employee or firefighter.

(b) The commission shall establish and maintain a standardized compilation of information reported under this section and provide to the legislature a written report on that compilation not later than January 1 of each odd-numbered year.

SECTION 2. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall develop the model standards required by Section 260E.003, Health and Safety Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.