Reynolds Group Home Bill Adds A Class A Misdemeanor For Landlords

The text as introduced · 1,763 words

89R6040 EAS-D

By: Reynolds
H.B. No. 2406

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of group home facilities, including

optional county or municipal permitting requirements; authorizing

a fee; creating criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Health and Safety Code, is

amended by adding Chapter 260E to read as follows:

CHAPTER 260E. GROUP HOME FACILITIES

Sec. 260E.001. DEFINITIONS. In this chapter:

(1) "Assistance with self-administering medication"

means assisting a resident by:

(A) reminding the resident to take a medication;

(B) opening or removing the resident's

medication from a container; or

(C) reminding the resident when a prescription

medication needs to be refilled.

(2) "Commission" means the Health and Human Services

Commission.

(3) "Elderly person" has the meaning assigned by

Section 48.002, Human Resources Code.

(4) "Executive commissioner" means the executive

commissioner of the commission.

(5) "Group home facility" means an establishment:

(A) in which three or more persons 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

for the residential care services.

(6) "Person with a disability" has the meaning

assigned by Section 48.002, Human Resources Code.

(7) "Resident" means a person residing in a group home

facility.

(8) "Residential care services" means shelter,

protection, meals, health care, mobility assistance, or personal

care services.

Sec. 260E.002. EXEMPTIONS. This chapter does not apply to:

(1) a person required to be licensed under Chapter

142, 242, 246, 247, or 252;

(2) a person exempt from licensing under Section

142.003(a)(19) or (20), 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;

(8) a sorority or fraternity house or other dormitory

associated with an institution of higher education; or

(9) a boarding home facility, as defined by Section

260.001.

Sec. 260E.003. MODEL STANDARDS. The executive commissioner

shall develop and publish in the Texas Register model standards for

the operation of a group home facility relating to:

(1) the construction or remodeling of a group home

facility, including plumbing, heating, lighting, ventilation, and

other housing conditions, to ensure residents' health, safety,

comfort, and protection from fire hazards;

(2) sanitary and related conditions in a group home

facility and the facility's surroundings, including insect and

rodent control, water supply, sewage disposal, food handling, and

general hygiene to ensure residents' health, safety, and comfort;

(3) the report and investigation of injuries,

incidents, and unusual accidents and the establishment of other

policies and procedures necessary to ensure resident health and

safety;

(4) assistance to residents self-administering

medication;

(5) in-service education requirements for facility

personnel;

(6) criminal history record checks for facility

personnel; and

(7) assessment and periodic monitoring to ensure a

resident:

(A) does not require the facility to provide

services, other than residential care services; and

(B) is capable of self-administering medication.

Sec. 260E.004. LOCAL REGULATION. (a) A county or

municipality may require a person to obtain a permit from the county

or municipality to operate a group home facility within the

county's or municipality's territorial jurisdiction.

(b) A county or municipality may adopt the standards

developed under Section 260E.003 and require a group home facility

issued a permit by the county or municipality to comply with the

adopted standards.

Sec. 260E.005. PERMIT PROCEDURES; FEES; FINES. (a) A

county or municipality that requires a person to obtain a group home

facility permit to operate within the county's or municipality's

territorial jurisdiction may establish procedures for submission

of a group home facility permit application and for the issuance,

denial, renewal, suspension, and revocation of the permit.

(b) A county or municipality that requires a person to

obtain a group home facility permit to operate within the county's

or municipality's territorial jurisdiction may:

(1) set reasonable fees for issuing the permit,

renewing the permit, and conducting related inspections; and

(2) impose fines for noncompliance with the county or

municipal group home facility regulations.

(c) The fees collected and fines imposed by a county or

municipality under Subsection (b) must be used to administer the

county or municipal permitting program or for other purposes

directly related to providing group home facility services,

including public safety.

(d) A person required to obtain a group home facility permit

shall pay any fees required or fines imposed by the county or

municipality.

Sec. 260E.006. CRIMINAL PENALTY. (a) A person commits an

offense if the person operates a group home facility in a county or

municipality that under Section 260E.004 requires the person to

obtain a permit to operate the facility without holding the

required permit.

(b) An offense under this section is a Class B misdemeanor.

Sec. 260E.007. REQUIRED DISPLAY. A group home facility

issued a permit by a county or municipality shall prominently and

conspicuously post for display in a public area of the facility that

is readily accessible to residents, the operator, employees, and

visitors to the facility:

(1) the permit;

(2) a sign prescribed by the county or municipality

that specifies the procedure for a person to submit a complaint

against the facility to the county or municipality;

(3) a notice in a form prescribed by the county or

municipality stating that inspection and related reports are

available to the public at the facility and providing a telephone

number from which information concerning the facility is available;

(4) a concise summary of the most recent inspection

report for the facility; and

(5) a notice in a form prescribed by the county or

municipality that lists the name, location, and contact information

for:

(A) the local public health services agency

closest in proximity to the facility; and

(B) a local organization that represents,

advocates, or serves elderly persons or persons with a disability,

including any related toll-free contact information for reporting

emergencies to the organization.

Sec. 260E.008. COUNTY OR MUNICIPALITY INSPECTIONS,

SURVEYS, AND INVESTIGATIONS; ACCESS TO RECORDS. (a) A county or

municipality may:

(1) conduct an inspection, survey, or investigation

the county or municipality considers necessary for issuing a group

home facility permit; and

(2) enter the premises of a group home facility at

reasonable times to conduct an inspection, survey, or

investigation.

(b) A county or municipality is entitled to access to books,

records, and other documents maintained by or on behalf of a group

home facility to the extent necessary to enforce the standards the

county or municipality adopts.

Sec. 260E.009. INTERLOCAL COOPERATION. Two or more

counties or municipalities may cooperate and contract to jointly

inspect and permit group home facilities.

Sec. 260E.010. REPORT AND INVESTIGATION OF ABUSE, NEGLECT,

OR EXPLOITATION. (a) A person, including an owner, operator, or

employee of a group home facility issued a permit by a county or

municipality, who has reasonable cause to believe a resident is

being or has been abused, neglected, or exploited shall report the

abuse, neglect, or exploitation to the Department of Family and

Protective Services for the department or an appropriate law

enforcement agency to investigate the alleged abuse, neglect, or

exploitation. The Department of Family and Protective Services

shall investigate the alleged abuse, neglect, or exploitation as

authorized and in the manner provided by Chapter 48, Human

Resources Code, or assist the law enforcement agency in the conduct

of the investigation.

(b) Each group home facility issued a permit by a county or

municipality shall require each facility employee, as a condition

of employment with the facility, to sign a statement acknowledging

the employee may be criminally liable under Section 48.052, Human

Resources Code, for failure to report abuse, neglect, or

exploitation of a resident.

(c) An owner, operator, or employee of a group home facility

issued a permit by a county or municipality may not retaliate

against a facility employee who in good faith:

(1) submits a complaint to the commission's office of

inspector general;

(2) cooperates in an investigation conducted by the

commission's office of inspector general; or

(3) reports abuse, neglect, or exploitation of a

resident to the Department of Family and Protective Services.

Sec. 260E.011. REQUIRED REPORT BY LESSOR OF ABUSE, NEGLECT,

OR EXPLOITATION; CRIMINAL PENALTY. (a) A person commits an offense

if the person:

(1) is the owner of a building leased to a person for

the operation of a group home facility;

(2) has actual knowledge that a resident of the group

home facility is being or has been abused, neglected, or exploited;

and

(3) fails to report the abuse, neglect, or

exploitation to the Department of Family and Protective Services

for the department or an appropriate law enforcement agency to

investigate.

(b) An offense under this section is a Class A misdemeanor.

Sec. 260E.012. ANNUAL REPORT TO COMMISSION; LEGISLATIVE

REPORT. (a) Not later than September 30 of each year, each county

or municipality that requires a person to obtain a group home

facility permit under Section 260E.004 shall submit to the

commission a written report for the preceding state fiscal year

that includes the total number of:

(1) group home facility permits issued by the county

or municipality;

(2) group home facility permit applications the county

or municipality denied and the reason for each denial;

(3) active group home facility permits as of August 31

of that year;

(4) residents housed in each permitted group home

facility;

(5) inspections the county or municipality conducted

of group home facilities;

(6) permits the county or municipality revoked or

suspended as a result of an inspection the county or municipality

conducted and a summary of the outcome for the residents displaced

by the revocation or suspension of each permit;

(7) incidents occurring at each permitted group home

facility that required the intervention of a peace officer, as

defined by Article 2A.001, Code of Criminal Procedure; and

(8) incidents occurring at each permitted group home

facility that required the intervention of an emergency medical

services employee or firefighter.

(b) The commission shall establish and maintain a

standardized compilation of information reported under this

section and provide to the legislature a written report on that

compilation not later than January 1 of each odd-numbered year.

SECTION 2. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall develop the model standards required by

Section 260E.003, Health and Safety Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.