SB1782 - Relating to the maintenance of criminal history record information for group home applicants and employees; creating a criminal offense.

      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.