bill creating a state license program for group homes

The text as introduced · 1,581 words

89R15589 EAS-D

By: Campos
H.B. No. 3589

A BILL TO BE ENTITLED

AN ACT

relating to the licensure and regulation of certain group home

facilities; authorizing a fee; creating an offense.

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

SECTION 1. Chapter 769, Health and Safety Code, as added by

Chapter 141 (S.B. 188), Acts of the 88th Legislature, Regular

Session, 2023, is transferred to Subtitle B, Title 4, Health and

Safety Code, redesignated as Chapter 260E, Health and Safety Code,

and amended to read as follows:

CHAPTER 260E [ 769 ]. [ REGULATION OF CERTAIN ] GROUP HOME FACILITIES

[ HOMES ]

Sec. 260E.001 [ 769.001 ]. DEFINITIONS [ DEFINITION ]. In

this chapter :

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

Commission.

(2) "Executive commissioner" means the executive

commissioner of the Health and Human Services Commission.

(3) "Group [ , "group ] home facility " means an

establishment that:

(A) [ (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

(B) [ (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. 260E.002 [ 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. 260E.003. LICENSE REQUIRED. (a) A person may not

establish or operate a group home facility unless the person holds a

license issued under this chapter.

(b) A person establishing or operating a facility that is

not licensed or is not required to be licensed under this chapter

may not use the term "group home" or "group home facility" in

referring to the facility or the services provided at the facility.

(c) A person establishing or operating a group home facility

not required to be licensed but who elects to hold a license under

this chapter may use the term "group home" or "group home facility"

in referring to the group home facility or the services provided at

the group home facility.

(d) The executive commissioner by rule shall establish

procedures to issue a six-month provisional license to existing

group home facilities with residents. The commission may issue a

provisional license if:

(1) the group home facility is in compliance with

resident care standards;

(2) the group home facility voluntarily discloses the

group home facility needs additional time to comply with life

safety code standards; and

(3) the disclosure under Subdivision (2) is written

and sent by certified mail to the commission promptly after the

applicant has knowledge additional time is needed.

(e) A provisional license expires the earlier of:

(1) the 180th day after the effective date of the

provisional license or the end of any extension period granted by

the commission, in the commission's sole discretion; or

(2) the date a license is issued to the provisional

license holder under Subsection (g).

(f) The commission shall conduct a life safety code

inspection of the group home facility as soon as reasonably

possible after the commission issues a provisional license.

(g) After conducting a life safety code inspection, the

commission shall issue a license under Section 260E.005 to the

provisional license holder if the group home facility passes the

inspection and the applicant satisfies all requirements for a

license. A license issued under this subsection has the same

effective date as the provisional license.

Sec. 260E.004. LICENSE APPLICATION. (a) An applicant for a

group home facility must submit an application to the commission on

a form prescribed by the commission.

(b) Each application must be accompanied by a nonrefundable

license fee in an amount the executive commissioner sets by rule.

Sec. 260E.005. ISSUANCE AND RENEWAL OF LICENSE. (a) The

commission shall issue a license if, after inspection and

investigation, the commission determines the applicant, the group

home facility, and all controlling persons of the applicant or

group home facility meet the requirements of this chapter and the

standards adopted under this chapter. The license expires on the

third anniversary of the date of issuance.

(b) To renew a license, the license holder must submit to

the commission the license renewal fee.

(c) The commission may require participation in a

continuing education program as a condition of renewal of a

license. The executive commissioner shall adopt rules to implement

this subsection.

Sec. 260E.006 [ 769.003 ]. CRIMINAL HISTORY RECORD

INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL

PENALTY. (a) An owner or operator of a group home facility 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 facility .

(b) An owner or operator of a group home facility 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 facility who

violates Subsection (b) commits an offense. An offense under this

section is a Class A misdemeanor.

Sec. 260E.007. STANDARDS. (a) The executive commissioner

by rule shall prescribe minimum standards to protect the health and

safety of a group home facility resident.

(b) The standards must ensure quality care and protection of

the residents' health and safety without excessive cost.

Sec. 260E.008. INSPECTIONS. (a) The commission:

(1) shall inspect each group home facility at least

every two years following the issuance or renewal of a license under

this chapter; and

(2) may inspect a facility at other reasonable times

as necessary to ensure compliance with this chapter and rules

adopted under this chapter.

(b) The commission shall establish an inspection list based

on the minimum standards prescribed under Section 260E.007 that

describes the matters subject to inspection. The commission shall

use the inspection list in conducting inspections under this

section.

(c) At the conclusion of an inspection under this section,

the inspector shall:

(1) advise the group home facility of the results of

the inspection;

(2) provide a copy of the inspection list to the group

home facility; and

(3) list each violation discovered during the

inspection, with specific reference to the standard violated.

(d) The executive commissioner by rule shall develop and

implement a training program to provide specialized training to

commission employees who inspect group home facilities under this

section.

Sec. 260E.009. DENIAL, SUSPENSION, OR REVOCATION OF

LICENSE. (a) The commission, after providing notice and

opportunity for a hearing to the applicant or license holder, may

deny, suspend, or revoke a license if the commission determines the

applicant, license holder, or a controlling person of the applicant

or license holder has violated this chapter or a rule, standard, or

order adopted under this chapter in either a repeated or

substantial manner.

(b) The denial, suspension, or revocation of a license by

the commission and the appeal from that action are governed by the

procedures for a contested case hearing under Chapter 2001,

Government Code.

(c) The status of a person as an applicant for a license or

as a license holder is preserved until final disposition of the

contested matter, except as the court with jurisdiction of a

judicial review of the matter may order in the public interest for

the welfare and safety of the group home facility residents.

Sec. 260E.010. EMERGENCY SUSPENSION OR CLOSING ORDER. (a)

If the commission determines a group home facility is operating in

violation of the standards prescribed by this chapter and the

violations create an immediate threat to the health and safety of a

facility resident, the commission may suspend the license or order

immediate closing of all or part of the facility.

(b) The commission shall provide for the relocation of

residents of a group home facility that is closed. The executive

commissioner shall adopt rules governing relocation procedures

under this section.

Sec. 260E.011. RULES. The executive commissioner shall

adopt rules necessary to implement this chapter, including

requirements for the issuance, renewal, denial, suspension, and

revocation of a license to operate a group home facility.

SECTION 2. As soon as practicable after the effective date

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

Services Commission shall adopt rules as required by Chapter 260E,

Health and Safety Code, as added by this Act.

SECTION 3. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 4. This Act takes effect September 1, 2025.