Relating to the maintenance of criminal history record information for group home applicants and employees; creating a criminal offense.

The text as introduced · 380 words

90R3019 SRA-D

By: Miles
S.B. No. 319

A BILL TO BE ENTITLED

AN ACT

relating to the maintenance of criminal history record information

for group home applicants and employees; creating a criminal

offense.

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

SECTION 1. Section 767.003, Health and Safety Code, is

amended to read as follows:

Sec. 767.003. CRIMINAL HISTORY RECORD INFORMATION

REQUIREMENT FOR APPLICANTS AND EMPLOYEES; REQUIRED RETENTION;

CRIMINAL PENALTIES [ 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. The owner or operator of a group home shall

maintain the criminal history record information described by this

subsection:

(1) for an applicant who is not hired, for not less

than 30 days after the date the position for which the applicant

applied is filled; and

(2) for an applicant who is hired, for the duration of

the employee's employment at the group home.

(b) The owner or operator of a group home may maintain the

criminal history record information described by Subsection (a) in

either a physical or electronic format.

(c) 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.

(d) [ (c) ] An owner or operator of a group home who violates

Subsection (a) or (c) [ (b) ] commits an offense. An offense under

Subsection (a) is a Class B misdemeanor. An offense under

Subsection (c) [ this section ] is a Class A misdemeanor.

SECTION 2. Section 767.003, Health and Safety Code, as

amended 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, 2027.