By: Miles, West S.B. No. 1137     A BILL TO BE ENTITLED   AN ACT   relating to group home consultant 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.  GROUP HOME CONSULTANT REFERRALS; CRIMINAL   PENALTY. (a) In this section, "group home consultant" means a   person with knowledge of group homes who:                (1)  refers potential residents of a group home to   specific group homes; and                 (2)  collects compensation for the referral.          (b)  Except as provided by Subsection (c) and subject to   Subsection (d), a group home consultant may not refer a potential   resident to a group home 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)  Subject to Subsection (d), a group home consultant may   refer a potential resident to an unlicensed or unpermitted group   home only if:                (1)  no group home is licensed or permitted to operate   in the geographic region where the potential resident desires to   reside; or                (2)  the potential resident or potential resident's   family cannot afford the cost of residing in a licensed or permitted   group home referred by the group home consultant in the region where   the potential resident desires to reside.          (d)  Before referring a potential resident to an unlicensed   or unpermitted group home, a group home consultant must inform the   potential resident of any complaints against the group home of   which the consultant has actual knowledge.          (e)  A group home consultant who violates this section   commits an offense. An offense under this section is a Class B   misdemeanor.          SECTION 2.  This Act takes effect September 1, 2025.