SB1402 - Relating to group home registration with municipal police departments or county sheriff's departments and welfare checks on group home residents; providing a civil penalty.

  89R5913 EAS-D     By: West S.B. No. 1402       A BILL TO BE ENTITLED   AN ACT   relating to group home registration with municipal police   departments or county sheriff's departments and welfare checks on   group home residents; providing a civil penalty.          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 amended by adding Sections 769.004 and 769.005 to   read as follows:           Sec.   769.004.     GROUP HOME REGISTRATION REQUIRED; CIVIL   PENALTY. (a) Not later than the 60th day after the date a group   home begins operating, the owner or operator of the group home   shall:                 (1)     for a group home located in a municipality,   register with:                       (A)  the municipality's police department; or                       (B)     the sheriff's department of the county in   which the group home is located if the municipality does not have a   police department; or                 (2)     for a group home located in the unincorporated   area of a county, register with the sheriff's department of the   county.           (b)  The registration required by Subsection (a) must:                 (1)     be in the form and manner prescribed by the   municipal police department or sheriff's department, as   applicable; and                 (2)  include:                       (A)     contact information for the owner or operator   of the group home; and                       (B)     emergency contact information for another   group home representative if the contact information used during an   emergency is different than the contact information for the owner   or operator.           (c)     A group home that violates Subsection (a) is liable for   a civil penalty of $2,500 for the first violation. Each day a   violation continues is considered a separate violation, and the   group home is liable for a civil penalty of $100 for each subsequent   day the violation continues.           (d)     The municipality or county served by the police or   sheriff's department with which the group home is required to   register may bring an action to recover the civil penalty   authorized by Subsection (c). The municipality or county may   recover court costs and attorney's fees incurred in bringing the   action if the municipality or county prevails in the action.           Sec.   769.005.     WELFARE CHECKS. Notwithstanding any other   law, a municipal police department or a sheriff's department may   conduct periodic welfare checks on residents of group homes   required to register with the department under this chapter.          SECTION 2.  It is the intent of the 89th Legislature, Regular   Session, 2025, that the amendments made by this Act be harmonized   with another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 3.  Not later than November 1, 2025, each group home   in this state that began operating before the effective date of this   Act shall register with a municipal police department or sheriff's   department, as applicable, as required by Section 769.004, Health   and Safety Code, as added by this Act.          SECTION 4.  This Act takes effect September 1, 2025.