89R15589 EAS-D
	By: Campos	H.B. No. 3589

	A BILL TO BE ENTITLED
	AN ACT
	relating to the licensure and regulation of certain group home
	facilities; authorizing a fee; creating an 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 transferred to Subtitle B, Title 4, Health and
	Safety Code, redesignated as Chapter 260E, Health and Safety Code,
	and amended to read as follows:
	CHAPTER 260E [769].  [REGULATION OF CERTAIN] GROUP HOME FACILITIES
	[HOMES]
	Sec. 260E.001 [769.001].  DEFINITIONS [DEFINITION].  In
	this chapter:
	(1)  "Commission" means the Health and Human Services
	Commission.
	(2)  "Executive commissioner" means the executive
	commissioner of the Health and Human Services Commission.
	(3)  "Group [, "group] home facility" means an
	establishment that:
	(A) [(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
	(B) [(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. 260E.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. 260E.003.  LICENSE REQUIRED. (a)  A person may not
	establish or operate a group home facility unless the person holds a
	license issued under this chapter.
	(b)  A person establishing or operating a facility that is
	not licensed or is not required to be licensed under this chapter
	may not use the term "group home" or "group home facility" in
	referring to the facility or the services provided at the facility.
	(c)  A person establishing or operating a group home facility
	not required to be licensed but who elects to hold a license under
	this chapter may use the term "group home" or "group home facility"
	in referring to the group home facility or the services provided at
	the group home facility.
	(d)  The executive commissioner by rule shall establish
	procedures to issue a six-month provisional license to existing
	group home facilities with residents.  The commission may issue a
	provisional license if:
	(1)  the group home facility is in compliance with
	resident care standards;
	(2)  the group home facility voluntarily discloses the
	group home facility needs additional time to comply with life
	safety code standards; and
	(3)  the disclosure under Subdivision (2) is written
	and sent by certified mail to the commission promptly after the
	applicant has knowledge additional time is needed.
	(e)  A provisional license expires the earlier of:
	(1)  the 180th day after the effective date of the
	provisional license or the end of any extension period granted by
	the commission, in the commission's sole discretion; or
	(2)  the date a license is issued to the provisional
	license holder under Subsection (g).
	(f)  The commission shall conduct a life safety code
	inspection of the group home facility as soon as reasonably
	possible after the commission issues a provisional license.
	(g)  After conducting a life safety code inspection, the
	commission shall issue a license under Section 260E.005 to the
	provisional license holder if the group home facility passes the
	inspection and the applicant satisfies all requirements for a
	license.  A license issued under this subsection has the same
	effective date as the provisional license.
	Sec. 260E.004.  LICENSE APPLICATION. (a)  An applicant for a
	group home facility must submit an application to the commission on
	a form prescribed by the commission.
	(b)  Each application must be accompanied by a nonrefundable
	license fee in an amount the executive commissioner sets by rule.
	Sec. 260E.005.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  The
	commission shall issue a license if, after inspection and
	investigation, the commission determines the applicant, the group
	home facility, and all controlling persons of the applicant or
	group home facility meet the requirements of this chapter and the
	standards adopted under this chapter.  The license expires on the
	third anniversary of the date of issuance.
	(b)  To renew a license, the license holder must submit to
	the commission the license renewal fee.
	(c)  The commission may require participation in a
	continuing education program as a condition of renewal of a
	license.  The executive commissioner shall adopt rules to implement
	this subsection.
	Sec. 260E.006 [769.003].  CRIMINAL HISTORY RECORD
	INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL
	PENALTY.  (a)  An owner or operator of a group home facility 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 facility.
	(b)  An owner or operator of a group home facility 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 facility who
	violates Subsection (b) commits an offense.  An offense under this
	section is a Class A misdemeanor.
	Sec. 260E.007.  STANDARDS. (a)  The executive commissioner
	by rule shall prescribe minimum standards to protect the health and
	safety of a group home facility resident.
	(b)  The standards must ensure quality care and protection of
	the residents' health and safety without excessive cost.
	Sec. 260E.008.  INSPECTIONS. (a)  The commission:
	(1)  shall inspect each group home facility at least
	every two years following the issuance or renewal of a license under
	this chapter; and
	(2)  may inspect a facility at other reasonable times
	as necessary to ensure compliance with this chapter and rules
	adopted under this chapter.
	(b)  The commission shall establish an inspection list based
	on the minimum standards prescribed under Section 260E.007 that
	describes the matters subject to inspection. The commission shall
	use the inspection list in conducting inspections under this
	section.
	(c)  At the conclusion of an inspection under this section,
	the inspector shall:
	(1)  advise the group home facility of the results of
	the inspection;
	(2)  provide a copy of the inspection list to the group
	home facility; and
	(3)  list each violation discovered during the
	inspection, with specific reference to the standard violated.
	(d)  The executive commissioner by rule shall develop and
	implement a training program to provide specialized training to
	commission employees who inspect group home facilities under this
	section.
	Sec. 260E.009.  DENIAL, SUSPENSION, OR REVOCATION OF
	LICENSE.  (a)  The commission, after providing notice and
	opportunity for a hearing to the applicant or license holder, may
	deny, suspend, or revoke a license if the commission determines the
	applicant, license holder, or a controlling person of the applicant
	or license holder has violated this chapter or a rule, standard, or
	order adopted under this chapter in either a repeated or
	substantial manner.
	(b)  The denial, suspension, or revocation of a license by
	the commission and the appeal from that action are governed by the
	procedures for a contested case hearing under Chapter 2001,
	Government Code.
	(c)  The status of a person as an applicant for a license or
	as a license holder is preserved until final disposition of the
	contested matter, except as the court with jurisdiction of a
	judicial review of the matter may order in the public interest for
	the welfare and safety of the group home facility residents.
	Sec. 260E.010.  EMERGENCY SUSPENSION OR CLOSING ORDER. (a)
	If the commission determines a group home facility is operating in
	violation of the standards prescribed by this chapter and the
	violations create an immediate threat to the health and safety of a
	facility resident, the commission may suspend the license or order
	immediate closing of all or part of the facility.
	(b)  The commission shall provide for the relocation of
	residents of a group home facility that is closed. The executive
	commissioner shall adopt rules governing relocation procedures
	under this section.
	Sec. 260E.011.  RULES. The executive commissioner shall
	adopt rules necessary to implement this chapter, including
	requirements for the issuance, renewal, denial, suspension, and
	revocation of a license to operate a group home facility.
	SECTION 2.  As soon as practicable after the effective date
	of this Act, the executive commissioner of the Health and Human
	Services Commission shall adopt rules as required by Chapter 260E,
	Health and Safety Code, as added by this Act.
	SECTION 3.  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.  This Act takes effect September 1, 2025.