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AN ACT
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relating to criminal history record information checks for |
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applicants for employment and employees of group homes; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 769 to read as follows: |
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CHAPTER 769. REGULATION OF CERTAIN GROUP HOMES |
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Sec. 769.001. DEFINITION. In this chapter, "group home" |
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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. 769.002. EXEMPTIONS. This chapter does not 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. 769.003. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL PENALTY. (a) |
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An owner or operator of a group home shall obtain criminal history |
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record information maintained by the Department of Public Safety of |
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the State of Texas on each individual who is an applicant for |
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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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SECTION 2. Section 769.003, Health and Safety Code, as |
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added by this Act, applies only to an application for employment |
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submitted on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 188 passed the Senate on |
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April 27, 2023, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 188 passed the House on |
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May 9, 2023, by the following vote: Yeas 114, Nays 28, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |