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.