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