Bill Text: TX HB1100 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the regulation of certain senior retirement communities.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-08 - Referred to Health & Human Services [HB1100 Detail]
Download: Texas-2023-HB1100-Engrossed.html
By: Johnson of Dallas, Patterson, Lalani, | H.B. No. 1100 | |
Shaheen |
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relating to the regulation of certain senior retirement | ||
communities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 8, Property Code, is amended by adding | ||
Chapter 95 to read as follows: | ||
CHAPTER 95. SENIOR RETIREMENT COMMUNITIES | ||
Sec. 95.001. DEFINITIONS. In this chapter: | ||
(1) "Common amenity" means an amenity or service | ||
offered or provided to residents of a multiunit residential | ||
property, including: | ||
(A) concierge services; | ||
(B) a library; | ||
(C) common dining services; | ||
(D) housekeeping services; and | ||
(E) full-time security. | ||
(2) "Resident" means an individual who resides in a | ||
senior retirement community as a unit owner or tenant. | ||
(3) "Senior retirement community" means a residential | ||
community or a portion of a residential community: | ||
(A) described by Section 301.043; | ||
(B) that contains not fewer than 20 residential | ||
units in one or more multiunit buildings that are available to rent | ||
or lease; and | ||
(C) that provides common amenities. | ||
(4) "Senior retirement community contract" means a | ||
contract with a resident of a senior retirement community for | ||
providing a common amenity to the resident. | ||
(5) "Unit" means a physical portion of a residential | ||
property designated for separate ownership or occupancy. | ||
Sec. 95.002. EXEMPTIONS. This chapter does not apply to: | ||
(1) a health care institution as defined by Section | ||
74.001, Civil Practice and Remedies Code; | ||
(2) a boarding home facility as defined by Section | ||
260.001, Health and Safety Code, that holds a permit issued under | ||
Chapter 260, Health and Safety Code; | ||
(3) a supportive housing facility for elderly | ||
individuals operated under Section 202, the National Housing Act | ||
(12 U.S.C. Section 1701q); | ||
(4) a center for independent living as defined by | ||
Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C. | ||
Section 796a); or | ||
(5) any other facility that is regulated by the Health | ||
and Human Services Commission or in accordance with rules adopted | ||
by the Centers for Medicare and Medicaid Services. | ||
Sec. 95.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM | ||
CRIMINAL ACTIVITY. (a) A senior retirement community shall: | ||
(1) conduct for each retirement community employee a | ||
criminal history record check using the computerized criminal | ||
history system maintained by the Department of Public Safety of the | ||
State of Texas; | ||
(2) disclose in the senior retirement community | ||
contract whether the retirement community requires each business | ||
that will provide services at the retirement community to conduct a | ||
criminal history record check of each of the business's employees | ||
who will provide services at the retirement community; and | ||
(3) maintain a resident safety and communications | ||
policy regarding criminal activity that poses a risk to residents, | ||
which must require the retirement community to send to each | ||
resident and post in a conspicuous manner at a location on the | ||
retirement community premises where the retirement community posts | ||
other community notices a written notice containing information on: | ||
(A) known reports of potential criminal activity | ||
made to law enforcement from or at the retirement community not | ||
later than two business days after the date the report is made or | ||
activity occurs; and | ||
(B) known instances of trespassing at the | ||
retirement community not later than two business days after the | ||
trespassing is reported or occurs. | ||
(b) For purposes of providing notice under the policy | ||
adopted by a senior retirement community under Subsection (a)(3) | ||
relating to a reportable incident described by that subdivision, | ||
the retirement community: | ||
(1) may provide for the removal of the personal | ||
identifying information of an individual who is involved in the | ||
reportable incident to prevent the individual's identification; | ||
and | ||
(2) may not refuse to provide the notice based solely | ||
on concerns related to the disclosure of the individual's personal | ||
identifying information. | ||
(c) A senior retirement community may not be held civilly or | ||
criminally liable for the retirement community's compliance with | ||
Subsection (a)(1) or (3). | ||
(d) A senior retirement community may not: | ||
(1) prevent or inhibit a resident from or penalize a | ||
resident for communicating with a law enforcement officer, social | ||
worker, family member, or other interested person regarding the | ||
safety and security of the retirement community; or | ||
(2) prevent a law enforcement officer or court officer | ||
from entering a common area of the retirement community to conduct a | ||
voluntary interview with a resident as part of an investigation | ||
into criminal activity at the retirement community. | ||
Sec. 95.004. PROHIBITED AGREEMENT OR CONTRACT PROVISION. A | ||
lease, rental, or purchase agreement for a residential unit in a | ||
senior retirement community or a senior retirement community | ||
contract with a resident may not include a provision that controls | ||
the content or execution of the resident's advance directive or | ||
testamentary documents. | ||
SECTION 2. Section 95.004, Property Code, as added by this | ||
Act, applies only to an agreement or contract entered into or | ||
renewed on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2023. |