Bill Text: TX SB1630 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to criminal history record information checks for applicants for employment and employees of group homes; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-24 - Referred to Human Services [SB1630 Detail]
Download: Texas-2021-SB1630-Engrossed.html
| By: Miles, Campbell | S.B. No. 1630 | |
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| relating to criminal history record information checks for | ||
| applicants for employment and employees of group homes; creating a | ||
| criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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. 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. 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 who is 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. 769.003. EMPLOYEES AND APPLICANTS CONVICTED OF CERTAIN | ||
| OFFENSES; CRIMINAL PENALTY. (a) An owner or operator of a group | ||
| home must obtain criminal history record information maintained by | ||
| the Department of Public Safety of the State of Texas that relates | ||
| to an 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 employee's or | ||
| applicant's conviction of an offense under Chapter 19, 20, 20A, 21, | ||
| 22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, 48, or 71, Penal | ||
| Code, or any other offense punishable as a Class A misdemeanor or a | ||
| felony. | ||
| (c) An owner or operator who violates Subsection (b) commits | ||
| an offense. An offense under this section is a Class A misdemeanor. | ||
| SECTION 2. Section 769.003, Health and Safety Code, as | ||
| added by this Act, applies only to an application for employment | ||
| submitted on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
