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

89(R) SB 1782 - Engrossed version - Bill Text

By: Miles, Blanco, West

S.B. No. 1782

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. 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;
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.

(a-1)

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.

(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
(a) or
(b) commits an offense. An offense under

Subsection (a) is a Class B misdemeanor.

An offense under

Subsection (b)
[
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. 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.