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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain senior living facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 8, Property Code, is amended by adding |
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Chapter 95 to read as follows: |
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CHAPTER 95. SENIOR LIVING FACILITIES |
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Sec. 95.001. DEFINITIONS. In this chapter: |
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(1) "Common amenity" means an amenity or service |
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offered or provided to residents of a multiunit residential |
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property, including: |
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(A) concierge services; |
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(B) a library; |
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(C) common dining services; |
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(D) housekeeping services; and |
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(E) full-time security. |
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(2) "Resident" means an individual who resides in a |
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senior living facility as a unit owner or tenant. |
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(3) "Senior living contract" means a contract with a |
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resident of a senior living facility for providing a common amenity |
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to the resident. |
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(4) "Senior living facility" means a residential |
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facility or a portion of a residential facility that: |
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(A) is managed by a single entity; |
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(B) requires a resident to be 55 years of age or |
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older; |
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(C) contains not fewer than 20 residential units |
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in one or more multiunit buildings that are available to rent or |
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lease; |
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(D) is located on a single lot or tract of land or |
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on multiple contiguous lots or tracts of land; and |
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(E) provides common amenities. |
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(5) "Unit" means a physical portion of a residential |
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property designated for separate ownership or occupancy. |
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Sec. 95.002. EXEMPTIONS. This chapter does not apply to: |
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(1) a health care institution as defined by Section |
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74.001, Civil Practice and Remedies Code; |
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(2) a boarding home facility as defined by Section |
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260.001, Health and Safety Code, that holds a permit issued under |
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Chapter 260, Health and Safety Code; |
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(3) a supportive housing facility for elderly |
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individuals operated under Section 202, the National Housing Act |
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(12 U.S.C. Section 1701q); |
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(4) a center for independent living as defined by |
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Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C. |
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Section 796a); or |
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(5) any other facility that is regulated by the Health |
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and Human Services Commission or in accordance with rules adopted |
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by the Centers for Medicare and Medicaid Services. |
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Sec. 95.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM |
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CRIMINAL ACTIVITY. (a) A senior living facility shall: |
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(1) conduct for each facility employee a criminal |
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history record check using, at a minimum, the computerized criminal |
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history system maintained by the Department of Public Safety of the |
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State of Texas; |
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(2) require each business that provides services to |
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the facility to conduct for each employee of the business who will |
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have access to the facility's premises or residents a criminal |
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history record check using, at a minimum, the computerized criminal |
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history system maintained by the Department of Public Safety of the |
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State of Texas; and |
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(3) report all instances of criminal activity that |
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occur at the facility to a law enforcement officer, including, if |
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applicable, information regarding the involvement of a facility |
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employee or contractor in the criminal activity. |
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(b) A senior living facility may not: |
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(1) prevent or inhibit a resident from or penalize a |
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resident for communicating with a law enforcement officer, social |
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worker, family member, or other interested person regarding the |
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safety and security of the facility; or |
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(2) prevent a law enforcement officer or court officer |
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from entering a common area of the facility to conduct a voluntary |
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interview with a resident as part of an investigation into criminal |
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activity at the facility. |
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Sec. 95.004. PROHIBITED AGREEMENT OR CONTRACT PROVISIONS. |
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A lease, rental, or purchase agreement for a residential unit in a |
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senior living facility or a senior living contract with a resident |
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may not include a provision that: |
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(1) waives liability in an action brought under |
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Section 95.005; |
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(2) requires arbitration of a dispute related to |
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liability under Section 95.005; or |
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(3) controls the content or execution of the |
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resident's advance directive or testamentary documents. |
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Sec. 95.005. CIVIL LIABILITY. (a) A senior living facility |
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is liable to a resident for actual damages incurred from: |
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(1) a violation of this chapter; or |
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(2) the facility's failure to implement a safety |
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policy or procedure. |
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(b) Chapter 74, Civil Practice and Remedies Code, does not |
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apply to an action brought under Subsection (a). |
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Sec. 95.006. CUMULATIVE REMEDIES. The remedies provided by |
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this chapter are not exclusive and are in addition to any other |
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remedy provided by law, including a remedy provided for a tenant |
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against a landlord under this title, as applicable. |
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SECTION 2. (a) Section 95.004, Property Code, as added by |
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this Act, applies only to an agreement or contract entered into or |
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renewed on or after the effective date of this Act. |
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(b) Section 95.005, Property Code, as added by this Act, |
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applies only to a cause of action that accrues on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |