HB2406 - Relating to the regulation of group home facilities, including optional county or municipal permitting requirements; authorizing a fee; creating criminal offenses.

  89R6040 EAS-D     By: Reynolds H.B. No. 2406       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of group home facilities, including   optional county or municipal permitting requirements; authorizing   a fee; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 4, Health and Safety Code, is   amended by adding Chapter 260E to read as follows:   CHAPTER 260E. GROUP HOME FACILITIES           Sec. 260E.001.  DEFINITIONS.  In this chapter:                 (1)     "Assistance with self-administering medication"   means assisting a resident by:                       (A)  reminding the resident to take a medication;                       (B)     opening or removing the resident's   medication from a container; or                       (C)     reminding the resident when a prescription   medication needs to be refilled.                 (2)     "Commission" means the Health and Human Services   Commission.                 (3)     "Elderly person" has the meaning assigned by   Section 48.002, Human Resources Code.                 (4)     "Executive commissioner" means the executive   commissioner of the commission.                 (5)  "Group home facility" means an establishment:                       (A)     in which three or more persons who are   unrelated to the owner or operator of the establishment reside;                       (B)     that provides residential care services to   residents; and                       (C)     that receives payment or other compensation   for the residential care services.                 (6)     "Person with a disability" has the meaning   assigned by Section 48.002, Human Resources Code.                 (7)     "Resident" means a person residing in a group home   facility.                 (8)     "Residential care services" means shelter,   protection, meals, health care, mobility assistance, or personal   care services.           Sec. 260E.002.  EXEMPTIONS.  This chapter does not apply to:                 (1)     a person required to be licensed under Chapter   142, 242, 246, 247, or 252;                 (2)     a person exempt from licensing under Section   142.003(a)(19) or (20), 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;                 (8)     a sorority or fraternity house or other dormitory   associated with an institution of higher education; or                 (9)     a boarding home facility, as defined by Section   260.001.           Sec.   260E.003.     MODEL STANDARDS.   The executive commissioner   shall develop and publish in the Texas Register model standards for   the operation of a group home facility relating to:                 (1)     the construction or remodeling of a group home   facility, including plumbing, heating, lighting, ventilation, and   other housing conditions, to ensure residents' health, safety,   comfort, and protection from fire hazards;                 (2)     sanitary and related conditions in a group home   facility and the facility's surroundings, including insect and   rodent control, water supply, sewage disposal, food handling, and   general hygiene to ensure residents' health, safety, and comfort;                 (3)     the report and investigation of injuries,   incidents, and unusual accidents and the establishment of other   policies and procedures necessary to ensure resident health and   safety;                 (4)     assistance to residents self-administering   medication;                 (5)     in-service education requirements for facility   personnel;                 (6)     criminal history record checks for facility   personnel; and                 (7)     assessment and periodic monitoring to ensure a   resident:                       (A)     does not require the facility to provide   services, other than residential care services; and                       (B)  is capable of self-administering medication.           Sec.   260E.004.     LOCAL REGULATION.   (a)   A county or   municipality may require a person to obtain a permit from the county   or municipality to operate a group home facility within the   county's or municipality's territorial jurisdiction.           (b)     A county or municipality may adopt the standards   developed under Section 260E.003 and require a group home facility   issued a permit by the county or municipality to comply with the   adopted standards.           Sec.   260E.005.     PERMIT PROCEDURES; FEES; FINES.   (a)   A   county or municipality that requires a person to obtain a group home   facility permit to operate within the county's or municipality's   territorial jurisdiction may establish procedures for submission   of a group home facility permit application and for the issuance,   denial, renewal, suspension, and revocation of the permit.           (b)     A county or municipality that requires a person to   obtain a group home facility permit to operate within the county's   or municipality's territorial jurisdiction may:                 (1)     set reasonable fees for issuing the permit,   renewing the permit, and conducting related inspections; and                 (2)     impose fines for noncompliance with the county or   municipal group home facility regulations.           (c)     The fees collected and fines imposed by a county or   municipality under Subsection (b) must be used to administer the   county or municipal permitting program or for other purposes   directly related to providing group home facility services,   including public safety.           (d)     A person required to obtain a group home facility permit   shall pay any fees required or fines imposed by the county or   municipality.           Sec.   260E.006.     CRIMINAL PENALTY.   (a)   A person commits an   offense if the person operates a group home facility in a county or   municipality that under Section 260E.004 requires the person to   obtain a permit to operate the facility without holding the   required permit.           (b)  An offense under this section is a Class B misdemeanor.           Sec.   260E.007.     REQUIRED DISPLAY.   A group home facility   issued a permit by a county or municipality shall prominently and   conspicuously post for display in a public area of the facility that   is readily accessible to residents, the operator, employees, and   visitors to the facility:                 (1)  the permit;                 (2)     a sign prescribed by the county or municipality   that specifies the procedure for a person to submit a complaint   against the facility to the county or municipality;                 (3)     a notice in a form prescribed by the county or   municipality stating that inspection and related reports are   available to the public at the facility and providing a telephone   number from which information concerning the facility is available;                 (4)     a concise summary of the most recent inspection   report for the facility; and                 (5)     a notice in a form prescribed by the county or   municipality that lists the name, location, and contact information   for:                       (A)     the local public health services agency   closest in proximity to the facility; and                       (B)     a local organization that represents,   advocates, or serves elderly persons or persons with a disability,   including any related toll-free contact information for reporting   emergencies to the organization.           Sec.   260E.008.     COUNTY OR MUNICIPALITY INSPECTIONS,   SURVEYS, AND INVESTIGATIONS; ACCESS TO RECORDS.   (a)   A county or   municipality may:                 (1)     conduct an inspection, survey, or investigation   the county or municipality considers necessary for issuing a group   home facility permit; and                 (2)     enter the premises of a group home facility at   reasonable times to conduct an inspection, survey, or   investigation.           (b)     A county or municipality is entitled to access to books,   records, and other documents maintained by or on behalf of a group   home facility to the extent necessary to enforce the standards the   county or municipality adopts.           Sec.   260E.009.     INTERLOCAL COOPERATION.   Two or more   counties or municipalities may cooperate and contract to jointly   inspect and permit group home facilities.           Sec.   260E.010.     REPORT AND INVESTIGATION OF ABUSE, NEGLECT,   OR EXPLOITATION.   (a)   A person, including an owner, operator, or   employee of a group home facility issued a permit by a county or   municipality, who has reasonable cause to believe a resident is   being or has been abused, neglected, or exploited shall report the   abuse, neglect, or exploitation to the Department of Family and   Protective Services for the department or an appropriate law   enforcement agency to investigate the alleged abuse, neglect, or   exploitation.   The Department of Family and Protective Services   shall investigate the alleged abuse, neglect, or exploitation as   authorized and in the manner provided by Chapter 48, Human   Resources Code, or assist the law enforcement agency in the conduct   of the investigation.           (b)     Eac [Text truncated for display. Full text available on Congress.gov.]