| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a prohibition on payments for certain group home |
|
|
referrals; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 769, Health and Safety Code, as added by |
|
|
Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular |
|
|
Session, 2023, is redesignated as Chapter 767, Health and Safety |
|
|
Code, and amended to read as follows: |
|
|
CHAPTER 767 [769]. REGULATION OF CERTAIN GROUP HOMES |
|
|
Sec. 767.001 [769.001]. DEFINITION. In this chapter, |
|
|
"group home" means an establishment that: |
|
|
(1) provides, in one or more buildings, lodging to |
|
|
three or more residents who are unrelated by blood or marriage to |
|
|
the owner of the establishment; and |
|
|
(2) provides those residents with community meals, |
|
|
light housework, meal preparation, transportation, grocery |
|
|
shopping, money management, laundry services, or assistance with |
|
|
self-administration of medication but does not provide personal |
|
|
care services as defined by Section 247.002. |
|
|
Sec. 767.002 [769.002]. EXEMPTIONS. This chapter does |
|
|
not apply to: |
|
|
(1) a person who holds a license issued under Chapter |
|
|
142, 242, 246, 247, or 252; |
|
|
(2) a person, establishment, or facility exempt from |
|
|
licensing under Section 142.003(a)(19), 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; or |
|
|
(8) a sorority or fraternity house or other dormitory |
|
|
associated with an institution of higher education. |
|
|
Sec. 767.003 [769.003]. CRIMINAL HISTORY RECORD |
|
|
INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL |
|
|
PENALTY. (a) An owner or operator of a group home shall obtain |
|
|
criminal history record information maintained by the Department of |
|
|
Public Safety of the State of Texas on each individual who is an |
|
|
applicant for employment with or an employee of the group home. |
|
|
(b) An owner or operator of a group home may not hire or |
|
|
continue to employ an individual for whom the owner or operator |
|
|
obtains criminal history record information on the applicant's or |
|
|
employee's conviction of an offense under Chapter 19, 20, 20A, 21, |
|
|
22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, or 71, Penal Code, |
|
|
or Section 48.015, 48.02, 48.03, or 48.04, Penal Code, or any other |
|
|
offense punishable as a Class A misdemeanor or a felony. |
|
|
(c) An owner or operator of a group home who violates |
|
|
Subsection (b) commits an offense. An offense under this section is |
|
|
a Class A misdemeanor. |
|
|
Sec. 767.004. PROHIBITED PAYMENT FOR CERTAIN GROUP HOME |
|
|
REFERRALS; CRIMINAL PENALTY. (a) In this section, "health care |
|
|
provider" means an individual who is licensed, certified, or |
|
|
otherwise authorized to provide health care services in this state. |
|
|
(b) A health care provider or employee or contractor of a |
|
|
health care provider may not accept any form of payment for |
|
|
referring a potential resident to a group home if the group home is |
|
|
owned or 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. |
|
|
(c) A health care provider or employee or contractor of a |
|
|
health care provider who violates this section commits an offense. |
|
|
An offense under this section is a Class B misdemeanor. |
|
|
SECTION 2. 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 3. This Act takes effect September 1, 2025. |