Miles Referral Bill Lets Consultants Set Up Their Own Exception

The text as introduced · 678 words

89R6320 EAS-D

By: Miles
S.B. No. 1137

A BILL TO BE ENTITLED

AN ACT

relating to group home consultant referrals; creating a criminal

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 redesignated as Chapter 767, Health and Safety

Code, and amended to read as follows:

CHAPTER 767 [ 769 ]. REGULATION OF CERTAIN GROUP HOMES

Sec. 767.001 [ 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. 767.002 [ 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. 767.003 [ 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.

Sec. 767.004. GROUP HOME CONSULTANT REFERRALS; CRIMINAL

PENALTY. (a) In this section, "group home consultant" means a

person with knowledge of group homes who:

(1) refers potential residents of a group home to

specific group homes; and

(2) collects compensation for the referral.

(b) Except as provided by Subsection (c) and subject to

Subsection (d), a group home consultant may not refer a potential

resident to a group home operated by a person who does not hold a

license or permit for the group home issued in accordance with

applicable state laws or local regulations.

(c) Subject to Subsection (d), a group home consultant may

refer a potential resident to an unlicensed or unpermitted group

home only if:

(1) no group home is licensed or permitted to operate

in the geographic region where the potential resident desires to

reside; or

(2) the potential resident or potential resident's

family cannot afford the cost of residing in a licensed or permitted

group home referred by the group home consultant in the region where

the potential resident desires to reside.

(d) Before referring a potential resident to an unlicensed

or unpermitted group home, a group home consultant must inform the

potential resident of any complaints against the group home of

which the consultant has actual knowledge.

(e) A group home consultant who violates this section

commits an offense. An offense under this section is a Class B

misdemeanor.

SECTION 2. This Act takes effect September 1, 2025.