87(R) SB 500 - Enrolled version - Bill Text
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AN ACT
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relating to creating the criminal offense of operating a boarding |
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home facility without a permit and to a study regarding the |
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regulation of group homes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 260, Health and Safety Code, is amended |
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by adding Section 260.0051 to read as follows: |
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Sec. 260.0051. CRIMINAL PENALTY. (a) This section applies |
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only to a county or municipality that requires a person to obtain a |
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permit to operate a boarding home facility as authorized by Section |
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260.004. |
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(b) A person commits an offense if the person operates a |
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boarding home facility without a permit in a county or municipality |
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to which this section applies. |
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(c) An offense under this section is a Class B misdemeanor. |
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SECTION 2. (a) The Health and Human Services Commission |
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shall conduct a study on state and local regulation of group homes. |
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(b) The study must: |
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(1) identify and evaluate state laws relating to the |
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regulation of group homes, including: |
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(A) a boarding home facility, as defined by |
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Section 260.001, Health and Safety Code; and |
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(B) a community home, described by Chapter 123, |
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Human Resources Code; |
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(2) analyze the procedures for filing complaints |
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against group homes and make recommendations to expedite complaint |
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processes; |
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(3) analyze complaints filed against group homes in |
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the preceding 10 years; |
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(4) analyze the enforcement authority over group homes |
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granted to state and local governmental agencies, including the |
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authority of counties and municipalities to enforce boarding home |
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regulations; |
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(5) recommend whether additional state and local |
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governmental enforcement authority over group homes is needed; |
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(6) recommend processes to expedite the licensing of |
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and regulatory procedures for group homes; |
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(7) determine whether new categories of group homes |
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should be licensed or regulated by state or local governmental |
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agencies; |
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(8) discuss and recommend methods for identifying |
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unlicensed group homes; and |
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(9) evaluate whether Section 260.011, Health and |
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Safety Code, which prohibits a county or municipality from |
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excluding boarding home facilities from residential areas by zoning |
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and similar regulations, prevents certain counties and |
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municipalities from regulating boarding home facilities. |
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(c) Not later than December 1, 2022, the Health and Human |
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Services Commission shall prepare a written or electronic report |
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that includes a summary of the results of the study conducted under |
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this section and any legislative recommendations based on the study |
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and submit the report to the governor, lieutenant governor, speaker |
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of the house of representatives, and members of the standing |
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committees of the senate and the house of representatives with |
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jurisdiction over the Health and Human Services Commission. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 500 passed the Senate on |
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April 29, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2021, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 500 passed the House, with |
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amendment, on May 26, 2021, by the following vote: Yeas 92, |
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Nays 55, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |