Monitoring the Session

SB 1383

Senior Living Referral Agencies Get An Existing Statutory Exemption

Became law

Verdict: Smells

SmellsReviewed
Sen. Mayes MiddletonRSenate 11
Why it's charged
Carve-out

THE TEXT

“a referral agency as defined by Section 121.001,”…

Bill text, introduced version (I)

The bill adds one kind of business, senior living referral agencies, as item (6) on the list of entities to which Section 102.001 of the Occupations Code does not apply. The other listed entities are insurers, governmental entities, group hospital service corporations, health maintenance organizations and health care collaboratives, so the bill extends an existing exemption to a new private business class.

Carve-out

On Nov 1, 2026 the editor checked the caption mismatch charge against the bill's caption and removed it.

Corrected Nov 1, 2026

Corrected Nov 1, 2026 · We checked this summary against the bill text and fixed it.

Reviewed · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the regulation of referral agencies for senior living communities.

Caption from analyzed text · version I.

Summary

They join the list exempt from Section 102.001. Contracts may provide per-referral fees.

The bill writes a new chapter of the Business & Commerce Code that defines a senior living referral agency and says its written contract with an assisted living, memory care or similar senior community may pay it a lump sum, a fee based on the resident's rent and care, or a fixed fee for each referral. It then adds those referral agencies to the list of entities that Section 102.001 of the Occupations Code does not apply to, next to insurers, governmental entities, group hospital service corporations, health maintenance organizations and health care collaboratives. It puts no new duty, license or penalty on the agencies, so on the ground they gain express permission for per-referral pay and an exemption from an existing statute.

Labels

Labels: INSTANT LAW. Took effect immediately, on Jun 20, 2025. 833 of the 1,185 graded 89R laws took effect Sep 1, 2025 (derived from the bill histories, snapshot Oct 19, 2026).ACROSS THE AISLE. Joint authors: 1 Republican, 1 Democrat. Party as the Legislative Reference Library lists it for the 89th Legislature.

Receipt

The receipt

89R-SB1383 · 2025-02-19

SOLD BY

Sen. Mayes MiddletonRSenate 11 Sen. Nathan JohnsonDSenate 16

+ 2 coauthors

ITEM

relating to the regulation of referral agencies for senior living communities.

WHAT IT DOES

They join the list exempt from Section 102.001. Contracts may provide per-referral fees.

The bill writes a new chapter of the Business & Commerce Code that defines a senior living referral agency and says its written contract with an assisted living, memory care or similar senior community may pay it a lump sum, a fee based on the resident's rent and care, or a fixed fee for each referral. It then adds those referral agencies to the list of entities that Section 102.001 of the Occupations Code does not apply to, next to insurers, governmental entities, group hospital service corporations, health maintenance organizations and health care collaboratives. It puts no new duty, license or penalty on the agencies, so on the ground they gain express permission for per-referral pay and an exemption from an existing statute.

CHARGES

[x] CARVE-OUTanalysis confidence 70%

THE TEXT

“a referral agency as defined by Section 121.001,”…

Bill text, introduced version (I)

The bill adds one kind of business, senior living referral agencies, as item (6) on the list of entities to which Section 102.001 of the Occupations Code does not apply. The other listed entities are insurers, governmental entities, group hospital service corporations, health maintenance organizations and health care collaboratives, so the bill extends an existing exemption to a new private business class.

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 17, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Health & Human Services
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Testimony taken in committee
  8. Left pending in committee
  9. Considered in public hearing
  10. Vote taken in committee
  11. Reported favorably as substituted
  12. Committee report printed and distributed
  13. Co-author authorized
  14. Placed on intent calendar
  15. Co-author authorized
  16. Rules suspended-Regular order of business
  17. Vote recorded in Journal
  18. Read 2nd time
  19. Amendment(s) offered FA1 Johnson
  20. Amended
  21. Vote recorded in Journal
  22. Passed to engrossment as amended
  23. Vote recorded in Journal
  24. Three day rule suspended
  25. Record vote
  26. Read 3rd time
  27. Passed
  28. Record vote
  29. Reported engrossed
  30. Received from the Senate
  31. Read first time
  32. Referred to Human Services
  33. Considered in formal meeting
  34. Reported favorably w/o amendment(s)
  35. Comte report filed with Committee Coordinator
  36. Committee report distributed
  37. Committee report sent to Calendars
  38. Laid out in lieu of companion HB 2667
  39. Read 2nd time
  40. Amended 1-King
  41. Passed to 3rd reading as amended
  42. Record vote RV#2713
  43. Statement(s) of vote recorded in Journal
  44. Read 3rd time
  45. Passed
  46. Record vote RV#2912
  47. Statement(s) of vote recorded in Journal
  48. House passage as amended reported
  49. House amendment(s) laid before the Senate
  50. Read
  51. Senate concurs in House amendment(s)
  52. Record vote
  53. Senate concurs in House amendment(s)-reported
  54. Reported enrolled
  55. Signed in the Senate
  56. Signed in the House
  57. Sent to the Governor
  58. Signed by the Governor
  59. Effective immediately
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 105 yea · 15 nay

Senate · 30 yea · 1 nay

Sources

House: Final passage · May 16, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Apr 30, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Mayes Middleton

Donors

Texans for Lawsuit Reform PAC$1.14MRussell Gordy$300,000Kenneth Fisher$215,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 6, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$1,140,000.00

Texans for Lawsuit Reform PAC

$1,140,000.00

Cash
$1,140,000.00
Paid by others
$0.00
Total
$1,140,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009502, 101012383, 101061137, 101072395, 101072779.

Russell Gordy$300,000.00
Kenneth Fisher$215,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$1,140,000.00

Cash
$1,140,000.00
Paid by others
$0.00
Total
$1,140,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009502, 101012383, 101061137, 101072395, 101072779.

Votes6

Senate May 21, 2025

Yea
30
Nay
1
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

Senator Middleton moved to concur in the House amendment to SB 1383. The motion prevailed by the following vote: Yeas 30, Nays 1.

Published stock of positions for this vote, except where marked derived.

  • Yea: 30 (published)
  • Nay: 1 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

House May 16, 2025

Yea
105
Nay
15
Present, not voting
1
Absent
8
Excused
21
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2912

SB 1383 was passed by (Record 2912): 105 Yeas, 15 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 105 (published)
  • Nay: 15 (published)
  • Present, not voting: 1 (published)
  • Absent: 8 (derived from named list)
  • Excused: 21 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 15, 2025

Yea
116
Nay
17
Present, not voting
3
Absent
6
Excused
8
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2713

SB 1383, as amended, was passed to third reading by (Record 2713): 116 Yeas, 17 Nays, 3 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 116 (published)
  • Nay: 17 (published)
  • Present, not voting: 3 (published)
  • Absent: 6 (derived from named list)
  • Excused: 8 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate Apr 30, 2025

Yea
30
Nay
1
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 30 (published)
  • Nay: 1 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 30, 2025

Yea
30
Nay
1
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

Senator Middleton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1383 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 1.

Published stock of positions for this vote, except where marked derived.

  • Yea: 30 (published)
  • Nay: 1 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 30, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

CSSB 1383 as amended was passed to engrossment by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses5
For
2
Against
0
On
3
Names

For

  • A Place for Mom1 registration
  • Caring1 registration

On

  • AARP Texas1 registration
  • LeadingAge Texas1 registration
  • Texas Assisted Living Association1 registration
Sources

5 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 17, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Adversarial review by claude-fable-5-1 at high effort: Smells.

Analysis of text version I by claude-fable-5-1, Oct 21, 2026, against the published rubric.

Sources

Texas Senate · Filed Feb 19, 2025

06/20/2025 E Effective immediately

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

Data snapshot Nov 1, 2026 at 6:27 PM CST. Grades, charges, quotes and corrections follow the published record.

Coauthors
César BlancoDSenate 29 Borris MilesDSenate 13
Sponsors
Ken KingRHouse 88
Cosponsors
Terry CanalesDHouse 40 Armando "Mando" MartinezDHouse 39 David SpillerRHouse 68

House committee · Human Services · Committee vote 7 aye, 3 nay, 1 absent · Out of committee

Senate committee · Health & Human Services · Committee vote 9 aye, 0 nay · Out of committee

Companion

HB 2667 by King (identical)

Subjects

Aging

Consumer Protection

Nursing Homes

ASSISTED LIVING FACILITIES

Text

The text as introduced · 440 words

89R8791 JTZ-F

By: Middleton, Johnson
S.B. No. 1383

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of referral agencies for senior living

communities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is

amended by adding Chapter 121 to read as follows:

CHAPTER 121. REFERRAL AGENCIES FOR SENIOR LIVING COMMUNITIES

Sec. 121.001. DEFINITIONS. In this chapter:

(1) "Referral agency" means an entity that provides

referrals to senior living communities for a fee collected from a

consumer or community. The term does not include:

(A) a senior living community or its employees;

or

(B) a resident, resident's family member, or

patron of a senior living community who refers a consumer to the

community regardless of any discount or other remuneration the

community pays to that individual.

(2) "Senior living community" means an adult foster

care facility, life care facility, assisted living facility

licensed under Chapter 247, Health and Safety Code, retirement

home, memory care facility, retirement village, home for the aging,

or other facility that provides shelter, food, social activities,

or other personal services specifically for elderly individuals.

Sec. 121.002. COMPENSATION. A written contract executed

between a referral agency and a senior living community may provide

for the senior living community to pay compensation to the referral

agency, including by providing to the referral agency:

(1) a lump sum for all referrals made in a specified

period;

(2) a fee for each referral based on the cost of rent

and care the referred consumer receives; or

(3) a fixed fee for each referral.

SECTION 2. Section 102.005, Occupations Code, is amended to

read as follows:

Sec. 102.005. APPLICABILITY TO CERTAIN ENTITIES. Section

102.001 does not apply to:

(1) a licensed insurer;

(2) a governmental entity, including:

(A) an intergovernmental risk pool established

under Chapter 172, Local Government Code; and

(B) a system as defined by Section 1601.003,

Insurance Code;

(3) a group hospital service corporation;

(4) a health maintenance organization that

reimburses, provides, offers to provide, or administers hospital,

medical, dental, or other health-related benefits under a health

benefits plan for which it is the payor; [ or ]

(5) a health care collaborative certified under

Chapter 848, Insurance Code ; or

(6) a referral agency as defined by Section 121.001,

Business & Commerce Code .

SECTION 3. 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, 2025.