Bill Text: TX HB424 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the sex offender status of a person who becomes a resident of certain group home facilities.
Sponsorship: Partisan Bill (Republican 4)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB424 Detail]
Download: Texas-2013-HB424-Enrolled.html
| H.B. No. 424 | ||
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| relating to the sex offender status of a person who becomes a | ||
| resident of certain group home facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle G, Title 4, Health and Safety Code, is | ||
| amended by adding Chapter 325 to read as follows: | ||
| CHAPTER 325. NOTICE OF SEX OFFENDER STATUS TO RESIDENTS OF GROUP | ||
| HOME | ||
| Sec. 325.001. DEFINITIONS. In this chapter: | ||
| (1) "Director" means the administrator primarily | ||
| responsible for the operation of a group home. | ||
| (2) "Group home" includes: | ||
| (A) an assisted living facility, as defined by | ||
| Section 247.002; | ||
| (B) a boarding home facility, as defined by | ||
| Section 260.001; | ||
| (C) a facility as defined by Section 246.002; | ||
| (D) a supportive housing facility operated by the | ||
| state, a local government, or a private agency that provides | ||
| supportive services to persons with mental illness, substance use | ||
| conditions, or physical disabilities who require access to | ||
| rehabilitative services and a stable living arrangement to maintain | ||
| consistent treatment regimens; and | ||
| (E) a transitional housing facility designed to | ||
| facilitate the transition from inpatient to outpatient care or, | ||
| within a reasonable time, the transition from homelessness to | ||
| permanent housing for persons with serious mental illnesses, | ||
| substance use conditions, or physical disabilities and who may | ||
| require intensive case management and assistance with long-term | ||
| goal planning and independent living skills. | ||
| (3) "Resident" means a person who resides and receives | ||
| services at a group home. | ||
| Sec. 325.002. APPLICABILITY OF CHAPTER. This chapter does | ||
| not apply to a group home that accepts or is assigned only residents | ||
| who are sex offenders required to register under Chapter 62, Code of | ||
| Criminal Procedure, if the residents receive treatment at the group | ||
| home from a sex offender treatment provider who is licensed under | ||
| Chapter 110, Occupations Code. | ||
| Sec. 325.003. SEX OFFENDER STATUS CHECK. Except as | ||
| provided by Section 325.002, as soon as practicable after a person | ||
| requests to live at a group home or is assigned to live at a group | ||
| home as a condition of community supervision or as a condition of | ||
| release on parole or to mandatory supervision, the director of the | ||
| group home shall ascertain whether the person is registered under | ||
| Chapter 62, Code of Criminal Procedure, by consulting the Internet | ||
| website maintained by the Department of Public Safety that contains | ||
| the sex offender database. | ||
| Sec. 325.004. NOTICE TO OTHER RESIDENTS REQUIRED. If based | ||
| on information obtained under Section 325.003 the director | ||
| ascertains that a person is a registered sex offender, not later | ||
| than the third day after the date the person becomes a resident of | ||
| the group home, the director shall provide notice that the person is | ||
| a sex offender to the legal guardian of each current resident who | ||
| has a legal guardian and directly to each other resident. The | ||
| notice must contain all of the information about the person that is | ||
| available on the website described by Section 325.003. | ||
| Sec. 325.005. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION. | ||
| A group home or its director is not liable under any law for damages | ||
| arising from conduct required under this chapter. | ||
| Sec. 325.006. NOTICE ABOUT CURRENT RESIDENTS. Not later | ||
| than March 1, 2014, the director of a group home shall ascertain, in | ||
| the manner provided by Section 325.003, whether any resident of the | ||
| group home is registered under Chapter 62, Code of Criminal | ||
| Procedure, and provide to the legal guardian of each current | ||
| resident who has a legal guardian, and directly to each other | ||
| resident, notice about each resident who is required to register | ||
| under that chapter as provided by Section 325.004. This section | ||
| expires April 1, 2014. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 424 was passed by the House on April | ||
| 3, 2013, by the following vote: Yeas 142, Nays 3, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 424 was passed by the Senate on May | ||
| 17, 2013, by the following vote: Yeas 29, Nays 2. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
