bill regulating senior retirement communities

The text as introduced · 802 words

89R925 JG-F

By: Garcia Hernandez
H.B. No. 3195

A BILL TO BE ENTITLED

AN ACT

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) with housing 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, 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, 2025.