Bill Text: TX HB3987 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of boarding home facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2023-05-11 - Referred to Health & Human Services [HB3987 Detail]

Download: Texas-2023-HB3987-Comm_Sub.html
  88R13558 MPF-F
 
  By: Reynolds H.B. No. 3987
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of boarding home facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 260.001(2), Health and Safety Code, is
  amended to read as follows:
               (2)  "Boarding home facility" means an establishment
  that:
                     (A)  furnishes, in one or more buildings, lodging
  to three or more persons [with disabilities or elderly persons] who
  are unrelated to the owner of the establishment by blood or
  marriage; and
                     (B)  may provide household services to those
  persons, other than [provides community meals, light housework,
  meal preparation, transportation, grocery shopping, money
  management, laundry services, or assistance with
  self-administration of medication but does not provide] personal
  care services as defined by Section 247.002 [to those persons].
         SECTION 2.  Section 260.005(b), Health and Safety Code, is
  amended to read as follows:
         (b)  A county or municipality that requires a person to
  obtain a boarding home facility permit as authorized under Section
  260.004 may set reasonable fees for issuance of the permit, renewal
  of the permit, and inspections and may impose fines for
  noncompliance with the county or municipal boarding home facility
  regulations.  [The fees collected and fines imposed by the county or
  municipality must be used to administer the county or municipal
  permitting program or for other purposes directly related to
  providing boarding home facility or other assisted living services
  to elderly persons and persons with disabilities.]
         SECTION 3.  Section 260.010(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Not later than September 30 of each year following the
  establishment of a county or municipal permitting requirement under
  this chapter, each county or municipality that requires a person to
  obtain a boarding home facility permit under Section 260.004 shall
  submit to the commission a report.  The report must include:
               (1)  the total number of:
                     (A)  boarding home facilities permitted during
  the preceding state fiscal year;
                     (B)  boarding home facility applications denied
  permitting, including a summary of cause for denial; and
                     (C)  boarding home facility permits active on
  August 31 of the preceding state fiscal year;
               (2)  the total number of residents reported housed in
  each boarding home facility reported;
               (3)  the total number of inspections conducted at each
  boarding home facility by the county or municipality that requires
  the permit; [and]
               (4)  the total number of permits revoked or suspended
  as a result of an inspection described by Subdivision (3) and a
  summary of the outcome for the residents displaced by revocation or
  suspension of a permit; and
               (5)  the total number of incidents occurring at each
  boarding home facility that required the intervention of a peace
  officer as defined by Article 2.12, Code of Criminal Procedure.
         SECTION 4.  Section 260.011, Health and Safety Code, is
  repealed.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
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