A group home consultant generally may not refer a potential resident to an unlicensed or unpermitted group home, and must tell the resident about any complaints the consultant actually knows about before making such a referral.
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. Redesignated from Health and Safety Code, Chapter 769 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 22.001(23), eff. September 1, 2025. Redesignated and amended from Health and Safety Code, Chapter 769 by Acts 2025, 89th Leg., R.S., Ch. 799 (S.B. 1137), Sec. 1, eff. September 1, 2025.