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A BILL TO BE ENTITLED
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AN ACT
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relating to group home consultant referrals; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 769, Health and Safety Code, as added by |
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Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular |
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Session, 2023, is redesignated as Chapter 767, Health and Safety |
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Code, and amended to read as follows: |
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CHAPTER 767 [769]. REGULATION OF CERTAIN GROUP HOMES |
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Sec. 767.001 [769.001]. DEFINITION. In this chapter, |
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"group home" means an establishment that: |
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(1) provides, in one or more buildings, lodging to |
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three or more residents who are unrelated by blood or marriage to |
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the owner of the establishment; and |
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(2) provides those residents with community meals, |
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light housework, meal preparation, transportation, grocery |
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shopping, money management, laundry services, or assistance with |
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self-administration of medication but does not provide personal |
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care services as defined by Section 247.002. |
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Sec. 767.002 [769.002]. EXEMPTIONS. This chapter does not |
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apply to: |
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(1) a person who holds a license issued under Chapter |
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142, 242, 246, 247, or 252; |
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(2) a person, establishment, or facility exempt from |
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licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4); |
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(3) a hotel as defined by Section 156.001, Tax Code; |
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(4) a retirement community; |
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(5) a monastery or convent; |
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(6) a child-care facility as defined by Section |
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42.002, Human Resources Code; |
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(7) a family violence shelter center as defined by |
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Section 51.002, Human Resources Code; or |
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(8) a sorority or fraternity house or other dormitory |
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associated with an institution of higher education. |
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Sec. 767.003 [769.003]. CRIMINAL HISTORY RECORD |
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INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL |
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PENALTY. (a) An owner or operator of a group home shall obtain |
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criminal history record information maintained by the Department of |
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Public Safety of the State of Texas on each individual who is an |
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applicant for employment with or an 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 applicant's or |
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employee's conviction of an offense under Chapter 19, 20, 20A, 21, |
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22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, or 71, Penal Code, |
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or Section 48.015, 48.02, 48.03, or 48.04, Penal Code, or any other |
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offense punishable as a Class A misdemeanor or a felony. |
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(c) An owner or operator of a group home who violates |
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Subsection (b) commits an offense. An offense under this section is |
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a Class A misdemeanor. |
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Sec. 767.004. GROUP HOME CONSULTANT REFERRALS; CRIMINAL |
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PENALTY. (a) In this section, "group home consultant" means a |
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person with knowledge of group homes who: |
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(1) refers potential residents of a group home to |
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specific group homes; and |
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(2) collects compensation for the referral. |
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(b) Except as provided by Subsection (c) and subject to |
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Subsection (d), a group home consultant may not refer a potential |
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resident to a group home operated by a person who does not hold a |
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license or permit for the group home issued in accordance with |
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applicable state laws or local regulations. |
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(c) Subject to Subsection (d), a group home consultant may |
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refer a potential resident to an unlicensed or unpermitted group |
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home only if: |
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(1) no group home is licensed or permitted to operate |
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in the geographic region where the potential resident desires to |
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reside; or |
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(2) the potential resident or potential resident's |
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family cannot afford the cost of residing in a licensed or permitted |
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group home referred by the group home consultant in the region where |
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the potential resident desires to reside. |
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(d) Before referring a potential resident to an unlicensed |
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or unpermitted group home, a group home consultant must inform the |
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potential resident of any complaints against the group home of |
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which the consultant has actual knowledge. |
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(e) A group home consultant who violates this section |
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commits an offense. An offense under this section is a Class B |
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misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2025. |