89R15589 EAS-D     By: Campos H.B. No. 3589       A BILL TO BE ENTITLED   AN ACT   relating to the licensure and regulation of certain group home   facilities; authorizing a fee; creating an 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 transferred to Subtitle B, Title 4, Health and   Safety Code, redesignated as Chapter 260E, Health and Safety Code,   and amended to read as follows:   CHAPTER 260E [769].  [REGULATION OF CERTAIN] GROUP HOME FACILITIES   [HOMES]          Sec. 260E.001 [769.001].  DEFINITIONS [DEFINITION].  In   this chapter:                (1)  "Commission" means the Health and Human Services   Commission.                (2)  "Executive commissioner" means the executive   commissioner of the Health and Human Services Commission.                (3)  "Group [, "group] home facility" means an   establishment that:                      (A) [(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                      (B) [(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. 260E.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. 260E.003.  LICENSE REQUIRED. (a)  A person may not   establish or operate a group home facility unless the person holds a   license issued under this chapter.          (b)  A person establishing or operating a facility that is   not licensed or is not required to be licensed under this chapter   may not use the term "group home" or "group home facility" in   referring to the facility or the services provided at the facility.          (c)  A person establishing or operating a group home facility   not required to be licensed but who elects to hold a license under   this chapter may use the term "group home" or "group home facility"   in referring to the group home facility or the services provided at   the group home facility.          (d)  The executive commissioner by rule shall establish   procedures to issue a six-month provisional license to existing   group home facilities with residents.  The commission may issue a   provisional license if:                (1)  the group home facility is in compliance with   resident care standards;                (2)  the group home facility voluntarily discloses the   group home facility needs additional time to comply with life   safety code standards; and                (3)  the disclosure under Subdivision (2) is written   and sent by certified mail to the commission promptly after the   applicant has knowledge additional time is needed.          (e)  A provisional license expires the earlier of:                (1)  the 180th day after the effective date of the   provisional license or the end of any extension period granted by   the commission, in the commission's sole discretion; or                (2)  the date a license is issued to the provisional   license holder under Subsection (g).          (f)  The commission shall conduct a life safety code   inspection of the group home facility as soon as reasonably   possible after the commission issues a provisional license.          (g)  After conducting a life safety code inspection, the   commission shall issue a license under Section 260E.005 to the   provisional license holder if the group home facility passes the   inspection and the applicant satisfies all requirements for a   license.  A license issued under this subsection has the same   effective date as the provisional license.          Sec. 260E.004.  LICENSE APPLICATION. (a)  An applicant for a   group home facility must submit an application to the commission on   a form prescribed by the commission.          (b)  Each application must be accompanied by a nonrefundable   license fee in an amount the executive commissioner sets by rule.          Sec. 260E.005.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  The   commission shall issue a license if, after inspection and   investigation, the commission determines the applicant, the group   home facility, and all controlling persons of the applicant or   group home facility meet the requirements of this chapter and the   standards adopted under this chapter.  The license expires on the   third anniversary of the date of issuance.          (b)  To renew a license, the license holder must submit to   the commission the license renewal fee.          (c)  The commission may require participation in a   continuing education program as a condition of renewal of a   license.  The executive commissioner shall adopt rules to implement   this subsection.          Sec. 260E.006 [769.003].  CRIMINAL HISTORY RECORD   INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL   PENALTY.  (a)  An owner or operator of a group home facility 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 facility.          (b)  An owner or operator of a group home facility 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 facility who   violates Subsection (b) commits an offense.  An offense under this   section is a Class A misdemeanor.          Sec. 260E.007.  STANDARDS. (a)  The executive commissioner   by rule shall prescribe minimum standards to protect the health and   safety of a group home facility resident.          (b)  The standards must ensure quality care and protection of   the residents' health and safety without excessive cost.          Sec. 260E.008.  INSPECTIONS. (a)  The commission:                (1)  shall inspect each group home facility at least   every two years following the issuance or renewal of a license under   this chapter; and                (2)  may inspect a facility at other reasonable times   as necessary to ensure compliance with this chapter and rules   adopted under this chapter.          (b)  The commission shall establish an inspection list based   on the minimum standards prescribed under Section 260E.007 that   describes the matters subject to inspection. The commission shall   use the inspection list in conducting inspections under this   section.          (c)  At the conclusion of an inspection under this section,   the inspector shall:                (1)  advise the group home facility of the results of   the inspection;                (2)  provide a copy of the inspection list to the group   home facility; and                (3)  list each violation discovered during the   inspection, with specific reference to the standard violated.          (d)  The executive commissioner by rule shall develop and   implement a training program to provide specialized training to   commission employees who inspect group home facilities under this   section.          Sec. 260E.009.  DENIAL, SUSPENSION, OR REVOCATION OF   LICENSE.  (a)  The commission, after providing notice and   opportunity for a hearing to the applicant or license holder, may   deny, suspend, or revoke a license if the commission determines the   applicant, license holder, or a controlling person of the applicant   or license holder has violated this chapter or a rule, standard, or   order adopted under this chapter in either a repeated or   substantial manner.          (b)  The denial, suspension, or revocation of a license by   the commission and the appeal from that action are governed by the   procedures for a contested case hearing under Chapter 2001,   Government Code.          (c)  The status of a person as an applicant for a license or   as a license holder is preserved until final disposition of the   contested matter, except as the court with jurisdiction of a   judicial review of the matter may order in the public interest for   the welfare and safety of the group home facility residents.          Sec. 260E.010.  EMERGENCY SUSPENSION OR CLOSING ORDER. (a)     If the commission determines a group home facility is operating in   violation of the standards prescribed by this chapter and the   violations create an immediate threat to the health and safety of a   facility resident, the commission may suspend the license or order   immediate closing of all or part of the facility.          (b)  The commission shall provide for the relocation of   residents of a group home facility that is closed. The executive   commissioner shall adopt rules governing relocation procedures   under this section.          Sec. 260E.011.  RULES. The executive commissioner shall   adopt rules necessary to implement this chapter, including   requirements for the issuance, renewal, denial, suspension, and   revocation of a license to operate a group home facility.          SECTION 2.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules as required by Chapter 260E,   Health and Safety Code, as added by 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.