Bill Text: TX SB188 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to criminal history record information checks for applicants for employment and employees of group homes; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-05-23 - Effective on 9/1/23 [SB188 Detail]
Download: Texas-2023-SB188-Comm_Sub.html
Bill Title: Relating to criminal history record information checks for applicants for employment and employees of group homes; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-05-23 - Effective on 9/1/23 [SB188 Detail]
Download: Texas-2023-SB188-Comm_Sub.html
By: Miles | S.B. No. 188 | |
(Reynolds) | ||
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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, 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. 769.003. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL PENALTY. (a) | ||
An owner or operator of a group home 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. | ||
(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 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 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, 2023. |