Relating to a prohibition on payments for certain group home referrals; creating a criminal offense.

89(R) SB 1777 - House Committee Report version - Bill Text

By: Miles, et al.

S.B. No. 1777

(Manuel)

A BILL TO BE ENTITLED

AN ACT

relating to a prohibition on payments for certain group home

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.

PROHIBITED PAYMENT FOR CERTAIN GROUP HOME

REFERRALS; CRIMINAL PENALTY.

(a)

In this section, "health care

provider" means an individual who is licensed, certified, or

otherwise authorized to provide health care services in this state.

(b)

A health care provider or employee or contractor of a

health care provider may not accept any form of payment for

referring a potential resident to a group home if the group home is

owned or 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)

A health care provider or employee or contractor of a

health care provider who violates this section commits an offense.

An offense under this section is a Class B misdemeanor.

SECTION 2. 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 3. This Act takes effect September 1, 2025.