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A BILL TO BE ENTITLED
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AN ACT
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relating to group home registration with municipal police |
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departments or county sheriff's departments and welfare checks on |
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group home residents; providing a civil penalty. |
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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 amended by adding Sections 769.004 and 769.005 to |
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read as follows: |
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Sec. 769.004. GROUP HOME REGISTRATION REQUIRED; CIVIL |
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PENALTY. (a) Not later than the 60th day after the date a group |
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home begins operating, the owner or operator of the group home |
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shall: |
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(1) for a group home located in a municipality, |
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register with: |
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(A) the municipality's police department; or |
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(B) the sheriff's department of the county in |
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which the group home is located if the municipality does not have a |
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police department; or |
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(2) for a group home located in the unincorporated |
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area of a county, register with the sheriff's department of the |
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county. |
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(b) The registration required by Subsection (a) must: |
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(1) be in the form and manner prescribed by the |
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municipal police department or sheriff's department, as |
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applicable; and |
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(2) include: |
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(A) contact information for the owner or operator |
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of the group home; and |
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(B) emergency contact information for another |
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group home representative if the contact information used during an |
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emergency is different than the contact information for the owner |
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or operator. |
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(c) A group home that violates Subsection (a) is liable for |
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a civil penalty of $2,500 for the first violation. Each day a |
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violation continues is considered a separate violation, and the |
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group home is liable for a civil penalty of $100 for each subsequent |
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day the violation continues. |
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(d) The municipality or county served by the police or |
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sheriff's department with which the group home is required to |
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register may bring an action to recover the civil penalty |
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authorized by Subsection (c). The municipality or county may |
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recover court costs and attorney's fees incurred in bringing the |
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action if the municipality or county prevails in the action. |
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Sec. 769.005. WELFARE CHECKS. Notwithstanding any other |
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law, a municipal police department or a sheriff's department may |
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conduct periodic welfare checks on residents of group homes |
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required to register with the department under this chapter. |
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SECTION 2. It is the intent of the 89th Legislature, Regular |
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Session, 2025, that the amendments made by this Act be harmonized |
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with another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 3. Not later than November 1, 2025, each group home |
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in this state that began operating before the effective date of this |
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Act shall register with a municipal police department or sheriff's |
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department, as applicable, as required by Section 769.004, Health |
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and Safety Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |