S.B. No. 281
AN ACT
1-1 relating to exempting certain facilities from licensure under the
1-2 Personal Care Facility Licensing Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 247.004, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 247.004. EXEMPTIONS <EXEMPTION>. This chapter does not
1-7 apply to:
1-8 (1) a boarding facility that has rooms for rent and
1-9 that may offer community meals but that does not provide personal
1-10 care services;
1-11 (2) an establishment conducted by or for the adherents
1-12 of the Church of Christ, Scientist, for the purpose of providing
1-13 facilities for the care or treatment of the sick who depend
1-14 exclusively on prayer or spiritual means for healing without the
1-15 use of any drug or material remedy if the establishment complies
1-16 with local safety, sanitary, and quarantine ordinances and
1-17 regulations; or
1-18 (3) a facility conducted by or for the adherents of a
1-19 qualified religious society classified as a tax-exempt organization
1-20 under an Internal Revenue Service group exemption ruling for the
1-21 purpose of providing personal care services without charge solely
1-22 for the society's professed members or ministers in retirement, if
1-23 the facility complies with local safety, sanitation, and quarantine
1-24 ordinances and regulations.
2-1 SECTION 2. Section 247.002, Health and Safety Code, is
2-2 amended by adding Subdivision (5) to read as follows:
2-3 (5) "Qualified religious society" means a church,
2-4 synagogue, or other organization or association that is organized
2-5 primarily for religious purposes and that:
2-6 (A) has been in existence in this state for at
2-7 least 35 years; and
2-8 (B) does not distribute any of its income to its
2-9 members, officers, or governing body other than as reasonable
2-10 compensation for services or reimbursement of expenses.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.