SB1777 - Relating to a prohibition on payments for certain group home referrals; creating a criminal offense.

      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.