Bill Text: TX SB501 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to regulation of certain group homes and other residential facilities for children, elderly individuals, and individuals with disabilities; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-09 - Referred to Health & Human Services [SB501 Detail]

Download: Texas-2021-SB501-Introduced.html

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87R3390 SCL-F
By: Miles S.B. No. 501

A BILL TO BE ENTITLED
AN ACT
relating to regulation of certain group homes and other residential
facilities for children, elderly individuals, and individuals with
disabilities; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 125.0015(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
substance or other item in violation of Chapter 481, Health and
Safety Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code;
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code;
(19) employing a minor at a sexually oriented business
as defined by Section 243.002, Local Government Code;
(20) trafficking of persons as described by Section
20A.02, Penal Code;
(21) sexual conduct or performance by a child as
described by Section 43.25, Penal Code;
(22) employment harmful to a child as described by
Section 43.251, Penal Code;
(23) criminal trespass as described by Section 30.05,
Penal Code;
(24) disorderly conduct as described by Section 42.01,
Penal Code;
(25) arson as described by Section 28.02, Penal Code;
(26) criminal mischief as described by Section 28.03,
Penal Code, that causes a pecuniary loss of $500 or more; [or]
(27) a graffiti offense in violation of Section 28.08,
Penal Code;
(28) injury to a child, elderly individual, or person
with a disability in violation of Section 22.04(a-1), Penal Code;
or
(29) a criminal negligence offense as described by
Section 769.005, Health and Safety Code.
SECTION 2. Section 242.039(e), Health and Safety Code, is
amended to read as follows:
(e) Notwithstanding any other provision of this section, a
municipality or county shall have the authority to enact additional
and higher fire safety standards applicable to new construction
beginning on or after the effective date of this subsection.
SECTION 3. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. REGULATION OF CERTAIN GROUP HOMES
Sec. 769.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Group home" means an establishment:
(A) in which three or more individuals who are
unrelated to the owner or operator of the establishment reside;
(B) that provides residential care services to
residents; and
(C) that receives payment or other compensation
from a local, state, or federal governmental entity for providing
residential care services to a resident.
(3) "Residential care services" means shelter,
protection, meals, health care, mobility assistance, and personal
care services, including bathing, dressing, and eating.
Sec. 769.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) a person regulated under other state or local law
governing the operation of a group home; or
(2) a facility that provides residential care services
under a license or permit issued as provided by other state or local
law.
Sec. 769.003. COMMISSION POWERS AND DUTIES. (a) The
commission may regulate group homes as necessary to protect the
health and safety of group home residents.
(b) The executive commissioner of the commission may adopt
rules necessary to administer this chapter and protect the health
and safety of group home residents.
Sec. 769.004. ASSUMPTION OF RESPONSIBILITY FOR RESIDENTIAL
CARE SERVICES. An owner or operator of a group home that advertises
or otherwise holds itself out as a group home and assumes care,
custody, or control of a resident by admitting the resident to the
home accepts responsibility for providing residential care
services to the resident in a manner that ensures the health and
safety of the resident.
Sec. 769.005. CRIMINAL OFFENSE. (a) A person described by
Section 769.004 commits an offense if the person with criminal
negligence by act or omission causes to a resident:
(1) serious mental deficiency, impairment, or injury;
or
(2) bodily injury.
(b) An offense under this section is a state jail felony,
unless the person has been previously convicted of an offense under
this section, in which case the offense is a felony of the third
degree.
SECTION 4. This Act takes effect September 1, 2021.