By Wohlgemuth                                          H.B. No. 691
         76R2797 CMR-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of facilities that provide assisted
 1-3     living services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The heading of Chapter 247, Health and Safety
 1-6     Code, is amended to read as follows:
 1-7          CHAPTER 247.  ASSISTED LIVING [PERSONAL CARE] FACILITIES
 1-8           SECTION 2.  Sections 247.001, 247.002, 247.003, and 247.004,
 1-9     Health and Safety Code, are amended to read as follows:
1-10           Sec. 247.001.  SHORT TITLE.  This chapter may be cited as the
1-11     Assisted Living [Personal Care] Facility Licensing Act.
1-12           Sec. 247.002.  DEFINITIONS.  In this chapter:
1-13                 (1)  "Assisted living facility" means an establishment,
1-14     including a board and care home, that:
1-15                       (A)  furnishes, in one or more facilities, food
1-16     and shelter to three or more persons who are unrelated to the
1-17     proprietor of the establishment; and
1-18                       (B)  provides assisted living services.
1-19                 (2)  "Assisted living services" means:
1-20                       (A)  assistance with meals, dressing, movement,
1-21     bathing, or other personal needs or maintenance;
1-22                       (B)  the administration of medication by a person
1-23     licensed to administer medication or the assistance with or
1-24     supervision of medication; or
 2-1                       (C)  general supervision or oversight of the
 2-2     physical and mental well-being of a person who needs assistance to
 2-3     maintain a private and independent residence in an assisted living
 2-4     facility or who needs assistance to manage the person's personal
 2-5     life, regardless of whether a guardian has been appointed for the
 2-6     person.
 2-7                 (3)  "Board" means the Texas Board of Human Services.
 2-8                 (4) [(2)]  "Department" means the Texas Department of
 2-9     Human Services.
2-10                 [(3)  "Personal care facility" means an establishment,
2-11     including a board and care home, that:]
2-12                       [(A)  furnishes, in one or more facilities, food
2-13     and shelter to four or more persons who are unrelated to the
2-14     proprietor of the establishment; and]
2-15                       [(B)  provides personal care services.]
2-16                 [(4)  "Personal care services" means:]
2-17                       [(A)  assistance with meals, dressing, movement,
2-18     bathing, or other personal needs or maintenance;]
2-19                       [(B)  the administration of medication by a
2-20     person licensed to administer medication or the assistance with or
2-21     supervision of medication; or]
2-22                       [(C)  general supervision or oversight of the
2-23     physical and mental well-being of a person who needs assistance to
2-24     maintain a private and independent residence in a personal care
2-25     facility or who needs assistance to manage the person's personal
2-26     life, regardless of whether a guardian has been appointed for the
2-27     person.]
 3-1                 (5)  "Qualified religious society" means a church,
 3-2     synagogue, or other organization or association that is organized
 3-3     primarily for religious purposes and that:
 3-4                       (A)  has been in existence in this state for at
 3-5     least 35 years; and
 3-6                       (B)  does not distribute any of its income to its
 3-7     members, officers, or governing body other than as reasonable
 3-8     compensation for services or reimbursement of expenses.
 3-9           Sec. 247.003.  APPLICATION OF OTHER LAW.  (a)  Except as
3-10     provided by Subsection (b), Chapter 242 does not apply to an
3-11     assisted living [a personal care] facility licensed under this
3-12     chapter.
3-13           (b)  Subchapter D, Chapter 242,  applies to an assisted
3-14     living [a personal care] facility, and the department shall
3-15     administer and enforce  that subchapter for an assisted living [a
3-16     personal care] facility in the same manner it is administered and
3-17     enforced for a nursing home.
3-18           Sec. 247.004.  EXEMPTIONS.  This chapter does not apply to:
3-19                 (1)  a boarding facility that has rooms for rent and
3-20     that may offer community meals but that does not provide assisted
3-21     living [personal care] services;
3-22                 (2)  an establishment conducted by or for the adherents
3-23     of the Church of Christ, Scientist, for the purpose of providing
3-24     facilities for the care or treatment of the sick who depend
3-25     exclusively on prayer or spiritual means for healing without the
3-26     use of any drug or material remedy if the establishment complies
3-27     with local safety, sanitary, and quarantine ordinances and
 4-1     regulations; or
 4-2                 (3)  a facility conducted by or for the adherents of a
 4-3     qualified religious society classified as a tax-exempt organization
 4-4     under an Internal Revenue Service group exemption ruling for the
 4-5     purpose of providing assisted living [personal care] services
 4-6     without charge solely for the society's professed members or
 4-7     ministers in retirement, if the facility complies with local
 4-8     safety, sanitation, and quarantine ordinances and regulations.
 4-9           SECTION 3.  Section 247.021(a), Health and Safety Code, is
4-10     amended to read as follows:
4-11           (a)  A person may not establish or operate an assisted living
4-12     [a personal care] facility without a license issued under this
4-13     chapter.
4-14           SECTION 4.  Sections 247.022(a) and (c), Health and Safety
4-15     Code, are amended to read  as follows:
4-16           (a)  An applicant for an assisted living [a personal care]
4-17     facility license must submit an application to the department on a
4-18     form prescribed by the department.
4-19           (c)  The department may provide technical assistance to an
4-20     applicant by making brief inspections of the assisted living
4-21     [personal care] facility proposed to be licensed and making
4-22     recommendations concerning actions necessary to meet standards for
4-23     assisted living [personal care] facilities.
4-24           SECTION 5.  Section 247.023(a), Health and Safety Code, is
4-25     amended to read as follows:
4-26           (a)  The department shall issue a license if, after
4-27     inspection and investigation, it finds that the applicant and the
 5-1     assisted living [personal care] facility meet the requirements of
 5-2     this chapter and the standards adopted under this chapter.
 5-3           SECTION 6.  Sections 247.024(a) and (c), Health and Safety
 5-4     Code, are amended to read as follows:
 5-5           (a)  The board shall set license fees imposed by this chapter
 5-6     in amounts reasonable and necessary to defray the cost of
 5-7     administering this chapter, but not to exceed:
 5-8                 (1)  $300 for an assisted living [a personal care]
 5-9     facility that has not more than 10 beds;
5-10                 (2)  $350 for an assisted living [a personal care]
5-11     facility that has not less than 11 or more than 20 beds; and
5-12                 (3)  $400 for an assisted living [a personal care]
5-13     facility that has 21 or more beds.
5-14           (c)  Investigation fees or attorney's fees may not be
5-15     assessed against or collected from an assisted living [a personal
5-16     care] facility by or on behalf of the department or another state
5-17     agency unless the department or other state agency assesses and
5-18     collects a penalty authorized by this chapter from the facility.
5-19           SECTION 7.  Sections 247.025, 247.026, and 247.027, Health
5-20     and Safety Code, are amended to read as follows:
5-21           Sec. 247.025.  ADOPTION OF RULES.  The board shall adopt
5-22     rules necessary to implement this chapter, including requirements
5-23     for the issuance, renewal, denial, suspension, and revocation of a
5-24     license to operate an assisted living [a personal care] facility.
5-25           Sec. 247.026.  STANDARDS.  (a)  The board by rule shall
5-26     prescribe minimum standards to protect the health and safety of an
5-27     assisted living [a personal care] facility resident.
 6-1           (b)  The standards must:
 6-2                 (1)  clearly differentiate an assisted living [a
 6-3     personal care] facility from an institution required to be licensed
 6-4     under Chapter 242;
 6-5                 (2)  ensure quality care and protection of the
 6-6     residents' health and safety without excessive cost; and
 6-7                 (3)  require an assisted living [a personal care]
 6-8     facility to use its license number or a state-issued facility
 6-9     identification number in all advertisements, solicitations, and
6-10     promotional materials.
6-11           (c)  The board may prescribe different levels of minimum
6-12     standards for assisted living [personal care] facilities according
6-13     to the number of residents, the type of residents, the level of
6-14     assisted living [personal care] provided, and other distinctions
6-15     the board considers relevant.
6-16           (d)  Local health and safety standards adopted by the
6-17     municipality in which an assisted living [a personal care] facility
6-18     is located do not apply to the facility unless the standards
6-19     specifically state that they apply to assisted living [personal
6-20     care] facilities.
6-21           (e)  The board by rule shall prescribe minimum standards
6-22     requiring appropriate training in geriatric care for each
6-23     individual who provides services to geriatric residents as an
6-24     employee of an assisted living [a personal care] facility and who
6-25     holds a license or certificate issued by an agency of this state
6-26     that authorizes the person to provide the services.  The minimum
6-27     standards may require that each licensed or certified individual
 7-1     complete an appropriate program of continuing education or
 7-2     in-service training, as determined by board rule, on a schedule
 7-3     determined by board rule.
 7-4           (f)  Any individual otherwise qualified, who has been
 7-5     employed by a licensed assisted living [personal care] facility for
 7-6     at least 90 days, shall be eligible to be certified as a medication
 7-7     aide following completion of the required course of study and
 7-8     successful completion of any required examination.
 7-9           Sec. 247.027.  INSPECTIONS.  (a) In addition to the
7-10     inspection required under Section 247.023(a), the department may
7-11     inspect an assisted living [a personal care] facility at reasonable
7-12     times as necessary to assure compliance with this chapter.
7-13           (b)  The department shall establish an inspection checklist
7-14     based on the minimum standards that describes the matters subject
7-15     to inspection.  The department shall use the inspection checklist
7-16     in conducting inspections under this section and Section
7-17     247.023(a).
7-18           SECTION 8.  Subchapter B, Chapter 247, Health and Safety
7-19     Code, is amended by adding Section 247.0275 to read as follows:
7-20           Sec. 247.0275.  INSPECTION EXIT CONFERENCE.  (a)  At the
7-21     conclusion of an inspection under Section 247.023(a) or Section
7-22     247.027, the inspector shall perform an exit conference to advise
7-23     the assisted living facility of the findings resulting from the
7-24     inspection.
7-25           (b)  At the exit conference, the inspector shall provide a
7-26     copy of the inspection checklist to the assisted living facility
7-27     and list each violation discovered during the inspection, with
 8-1     specific reference to the standard violated.
 8-2           (c)  If, after the initial exit conference, additional
 8-3     violations are cited, the inspector shall conduct an additional
 8-4     exit conference regarding the newly identified violations.
 8-5           (d)  The assisted living facility shall submit an acceptable
 8-6     plan of correction to the regional director with supervisory
 8-7     authority over the inspector not later than the 10th day after the
 8-8     date of the completion of the final exit conference.
 8-9           SECTION 9.  Section 247.028, Health and Safety Code, is
8-10     amended to read as follows:
8-11           Sec. 247.028.  ASSISTANCE BY DEPARTMENT.  The department may
8-12     provide assistance to an assisted living [a personal care]
8-13     facility, including the provision of training materials, the
8-14     coordination of training conferences and workshops with other state
8-15     agencies, and the development of a provider's handbook explaining
8-16     assisted living [personal care] facility rules.
8-17           SECTION 10.  Section 247.029, Health and Safety Code, as
8-18     added by Chapter 444, Acts of the 75th Legislature, Regular
8-19     Session, 1997, is amended to read as follows:
8-20           Sec. 247.029.  FACILITIES FOR PERSONS WITH ALZHEIMER'S
8-21     DISEASE.  (a)  The board by rule shall establish a classification
8-22     and license for a facility that advertises, markets, or otherwise
8-23     promotes that the facility provides assisted living [personal care]
8-24     services to residents who have Alzheimer's disease or related
8-25     disorders.  A facility is not required to be classified under this
8-26     section to provide care or treatment to residents who have
8-27     Alzheimer's disease or related disorders.
 9-1           (b)  The board shall adopt minimum standards for an assisted
 9-2     living [a personal care] facility classified under this section.
 9-3           SECTION 11.  Section 247.029, Health and Safety Code, as
 9-4     added by Chapter 1088, Acts of the 75th Legislature, Regular
 9-5     Session, 1997, is renumbered as Section 247.030, Health and Safety
 9-6     Code, and amended to read as follows:
 9-7           Sec. 247.030 [247.029].  MUNICIPAL ENFORCEMENT.  The
 9-8     governing body of a municipality by ordinance may:
 9-9                 (1)  prohibit a person who does not hold a license
9-10     issued under this chapter from establishing or operating an
9-11     assisted living [a personal care] facility within the municipality;
9-12     and
9-13                 (2)  establish a procedure for emergency closure of a
9-14     facility in circumstances in which:
9-15                       (A)  the facility is established or operating in
9-16     violation of Section 247.021; and
9-17                       (B)  the continued operation of the facility
9-18     creates an immediate threat to the health and safety of a resident
9-19     of the facility.
9-20           SECTION 12.  Section 247.042, Health and Safety Code, is
9-21     amended to read as follows:
9-22           Sec. 247.042.  EMERGENCY SUSPENSION OR CLOSING ORDER.  (a)
9-23     If the department finds an assisted living [a personal care]
9-24     facility operating in violation of the standards prescribed under
9-25     this chapter and the violations create an immediate threat to the
9-26     health and safety of a resident in the facility, the department
9-27     shall suspend the license or order immediate closing of all or part
 10-1    of the facility.
 10-2          (b)  The order suspending a license under Subsection (a)  is
 10-3    effective immediately on written hand-delivered notice to the
 10-4    license holder or on the date specified in the order.
 10-5          (c)  The order suspending the license and ordering closure of
 10-6    all or part of an assisted living [a personal care] facility is
 10-7    valid for 10 days after its effective date.
 10-8          (d)  The department shall provide for the relocation of
 10-9    residents of an assisted living [a personal care] facility that is
10-10    closed.  The relocation may not be to a facility with a more
10-11    restrictive environment unless all other reasonable alternatives
10-12    are exhausted.  Relocation procedures shall be adopted as part of
10-13    the memorandum of understanding adopted under Section 247.062.
10-14          SECTION 13.  Section 247.043, Health and Safety Code, is
10-15    amended by amending Subsection (a)  and adding Subsection (c) to
10-16    read as follows:
10-17          (a)  The department shall conduct a preliminary investigation
10-18    of each allegation of abuse, exploitation, or neglect of a resident
10-19    of an assisted living [a personal care] facility to determine if
10-20    there is evidence to corroborate the allegation.  If the department
10-21    determines that there is evidence to corroborate the allegation,
10-22    the department shall conduct a thorough investigation of the
10-23    allegation.
10-24          (c)  An employee of a facility who has reasonable cause to
10-25    believe that a resident is suffering abuse, neglect, or
10-26    exploitation shall report the abuse, neglect, or exploitation to
10-27    the department and shall follow the facility's internal policies
 11-1    regarding abuse, neglect, or exploitation.
 11-2          SECTION 14.  Sections 247.044(a), (b), and (e), Health and
 11-3    Safety Code, are amended to read as follows:
 11-4          (a)  The department may petition a district court for a
 11-5    temporary restraining order to restrain a continuing violation of
 11-6    the standards or licensing requirements provided under this chapter
 11-7    if the department finds that:
 11-8                (1)  the violation creates an immediate threat to the
 11-9    health and safety of the assisted living [personal care] facility
11-10    residents; or
11-11                (2)  the facility is operating without a license.
11-12          (b)  A district court, on petition of the department and on a
11-13    finding by the court that a person is violating the standards or
11-14    licensing requirements provided under this chapter, may by
11-15    injunction:
11-16                (1)  prohibit a person from continuing a violation of
11-17    the standards or licensing requirements provided under this
11-18    chapter;
11-19                (2)  restrain the establishment or operation of an
11-20    assisted living [a personal care] facility without a license issued
11-21    under this chapter; or
11-22                (3)  grant any other injunctive relief warranted by the
11-23    facts.
11-24          (e)  Venue for a suit brought under this section is in the
11-25    county in which the assisted living [personal care] facility is
11-26    located or in Travis County.
11-27          SECTION 15.  Section 247.045, Health and Safety Code, as
 12-1    amended by Chapters 416 and 1088, Acts of the 75th Legislature,
 12-2    Regular Session, 1997, is amended and reenacted to read as follows:
 12-3          Sec. 247.045. CIVIL PENALTIES.  (a)  Except as provided by
 12-4    Subsections [Subsection] (b) and (c), a person who violates this
 12-5    chapter or who fails to comply with a rule adopted under this
 12-6    chapter and whose violation is determined by the department to
 12-7    threaten the health and safety of a resident of an assisted living
 12-8    [a personal care] facility is subject to a civil penalty of not
 12-9    less than $100 nor more than $10,000 for each act of violation.
12-10    Each day of a continuing violation constitutes a separate ground of
12-11    recovery.
12-12          (b)  A person is subject to a civil penalty if the person:
12-13                (1)  is in violation of Section 247.021; or
12-14                (2)  has been determined to be in violation of Section
12-15    247.021 and violates any other provision of this chapter or fails
12-16    to comply with a rule adopted under this chapter.
12-17          [(b)  A person who does not possess a license for a personal
12-18    care facility as required by Section 247.021 is subject to a civil
12-19    penalty of not less than $1,000 nor more than $10,000 for each act
12-20    of violation.  Each day of a continuing violation constitutes a
12-21    separate ground for recovery.]
12-22          (c)  The amount of a civil penalty under Subsection (b) may
12-23    not be less than $1,000 or more than $10,000 for each act of
12-24    violation.  Each day of a continuing violation constitutes a
12-25    separate ground of recovery.
12-26          (d) [(c)]  If the attorney general fails to take action
12-27    within 30 days of referral from the department, the department
 13-1    shall refer the case to the local district attorney, county
 13-2    attorney, or city attorney.  The district attorney, county
 13-3    attorney, or city attorney shall file suit in a district court to
 13-4    collect and retain the penalty.
 13-5          (e) [(d)]  Investigation and attorney's fees may not be
 13-6    assessed or collected by or on behalf of the department or other
 13-7    state agency unless the department or other state agency assesses
 13-8    and collects a penalty described under this chapter.
 13-9          (f) [(e)]  The department and attorney general, or other
13-10    legal representative as described in Subsection (d) [(c)], shall
13-11    work in close cooperation throughout any legal proceedings
13-12    requested by the department.
13-13          (g) [(f)]  The commissioner of human services must approve
13-14    any settlement agreement to a suit brought under this chapter.
13-15          SECTION 16.  Section 247.046, Health and Safety Code, as
13-16    added by Chapter 349, Acts of the 72nd Legislature, Regular
13-17    Session, 1991, is amended to read as follows:
13-18          Sec. 247.046.  COOPERATION AMONG AGENCIES.  The board, the
13-19    Department of Protective and Regulatory Services, and the attorney
13-20    general shall adopt by rule a memorandum of understanding that:
13-21                (1)  defines each agency's responsibilities concerning
13-22    assisted living [personal care] facilities and coordinates each
13-23    agency's activities;
13-24                (2)  details coordinated procedures to be used by each
13-25    agency in responding to complaints relating to neglect or abuse of
13-26    residents of facilities, to substandard facilities, and to
13-27    unlicensed facilities;
 14-1                (3)  identifies enforcement needs each agency may have
 14-2    in order to perform its duties under the memorandum of
 14-3    understanding, including any need for access to information or to
 14-4    facilities under investigation or operating under a plan of
 14-5    correction; and
 14-6                (4)  provides a plan for correcting violations in
 14-7    substandard or unlicensed assisted living [personal care]
 14-8    facilities that specifies the conditions under which it is
 14-9    appropriate to impose such a plan and that outlines a schedule of
14-10    implementation for the plan.
14-11          SECTION 17.  Sections 247.051(a), (b), and (d), Health and
14-12    Safety Code, are amended to read as follows:
14-13          (a)  The Advisory Committee on Assisted Living [Personal
14-14    Care] Facilities consists of nine members appointed by the board.
14-15    The commissioner of human services shall appoint one staff member
14-16    from the department to serve as a nonvoting advisory member.
14-17          (b)  The board shall appoint the advisory committee to
14-18    provide for a balanced representation of assisted living [personal
14-19    care] providers and consumers and shall appoint one member who has
14-20    expertise in life safety code regulations.  At least one of the
14-21    provider members must be representative of a nonprofit facility,
14-22    and at least one member must be a family member of a resident of a
14-23    facility.
14-24          (d)  The committee shall advise the department on standards
14-25    for licensing assisted living [personal care] facilities and on the
14-26    implementation of this chapter.
14-27          SECTION 18.  Section 247.061, Health and Safety Code, is
 15-1    amended to read as follows:
 15-2          Sec. 247.061.  PILOT PROGRAM:  OFFICE OF ASSISTED LIVING
 15-3    [PERSONAL CARE] FACILITY OMBUDSMAN.  (a)  The Texas Department on
 15-4    Aging, under its office of long-term care ombudsman, shall
 15-5    establish and operate a pilot program providing an assisted living
 15-6    [a personal care] facility ombudsman in one or more counties.
 15-7          (b)  The department may operate the office directly or by
 15-8    contract or memorandum of agreement with a public agency or other
 15-9    appropriate private nonprofit organization, including an
15-10    organization for family members of persons with mental illness or
15-11    an advocacy group concerning mental health, disabilities, or senior
15-12    citizens.
15-13          (c)  The pilot program shall recruit volunteers and citizen
15-14    organizations to participate in the ombudsman program.
15-15          (d)  The office shall provide training to ombudsmen,
15-16    including training in mental illness and special needs of the
15-17    elderly or disabled.
15-18          (e)  An ombudsman in the pilot program may not make
15-19    investigations.
15-20          (f)  The Texas Department on Aging and the department shall
15-21    cooperate in developing guidelines for the pilot program.
15-22          SECTION 19.  Section 247.062(a), Health and Safety Code, is
15-23    amended to read as follows:
15-24          (a)  The department and the attorney general shall adopt by
15-25    rule a memorandum of understanding that:
15-26                (1)  defines each agency's responsibilities concerning
15-27    assisted living [personal care] facilities;
 16-1                (2)  outlines and coordinates procedures to be used by
 16-2    those agencies in responding to complaints concerning assisted
 16-3    living [personal care] facilities; and
 16-4                (3)  provides a plan for correcting violations or
 16-5    deficiencies in assisted living [personal care] facilities.
 16-6          SECTION 20.  Section 247.063, Health and Safety Code, is
 16-7    amended to read as follows:
 16-8          Sec. 247.063.  DIRECTORY OF ASSISTED LIVING [PERSONAL CARE]
 16-9    FACILITIES; CONSUMERS' GUIDE.  (a)  The department shall prepare a
16-10    directory of assisted living [personal care] facilities that
16-11    includes the name of the owner, the address and telephone number of
16-12    the facility, the number of beds in the facility, and the
16-13    facility's accessibility to disabled persons.
16-14          (b)  The department shall revise the directory annually and
16-15    shall make it available to the public.
16-16          (c)  The department shall prepare a consumers' guide to
16-17    assisted living [personal care] facilities and make it available to
16-18    the public.  The consumers' guide shall provide information on
16-19    licensing requirements for assisted living [personal care]
16-20    facilities, a brief description of minimum standards for
16-21    facilities, a copy of the residents' bill of rights, a copy of the
16-22    providers' bill of rights, and any other information that the
16-23    department determines may be useful to the public.
16-24          SECTION 21.  Section 247.064, Health and Safety Code, is
16-25    amended to read as follows:
16-26          Sec. 247.064.  REFERRALS.  (a)  If the Texas Department of
16-27    Mental Health and Mental Retardation or a local mental health or
 17-1    mental retardation authority refers a patient or client to an
 17-2    assisted living [a personal care] facility, the referral may not be
 17-3    made to an assisted living [a personal care] facility that is not
 17-4    licensed under this chapter.
 17-5          (b)  If the Texas Department of Mental Health and Mental
 17-6    Retardation or a local mental health or mental retardation
 17-7    authority gains knowledge of an assisted living [a personal care]
 17-8    facility that is not operated or licensed by the Texas Department
 17-9    of Mental Health and Mental Retardation, the authority, or the
17-10    Texas Department of Human Services and that has four or more
17-11    residents who are unrelated to the proprietor of the facility, the
17-12    Texas Department of Mental Health and Mental Retardation or the
17-13    authority shall report the name, address, and telephone number of
17-14    the facility to the Texas Department of Human Services.
17-15          SECTION 22.  Sections 247.065 (a)  and (b), Health and Safety
17-16    Code, are amended to read as follows:
17-17          (a)  Each assisted living [personal care] facility shall post
17-18    a residents' bill of rights in a prominent place in the facility.
17-19          (b)  The residents' bill of rights must provide that each
17-20    resident in the assisted living [personal care] facility has the
17-21    right to:
17-22                (1)  manage the resident's financial affairs;
17-23                (2)  determine the resident's dress, hair style, or
17-24    other personal effects according to individual preference, except
17-25    that the resident has the responsibility to maintain personal
17-26    hygiene;
17-27                (3)  retain and use personal property in the resident's
 18-1    immediate living quarters and to have an individual locked cabinet
 18-2    in which to keep personal property;
 18-3                (4)  receive and send unopened mail;
 18-4                (5)  unaccompanied access to a telephone at a
 18-5    reasonable hour or in case of an emergency or personal crisis;
 18-6                (6)  privacy;
 18-7                (7)  unrestricted communication, including personal
 18-8    visitation with any person of the resident's choice, at any
 18-9    reasonable hour, including family members and representatives of
18-10    advocacy groups and community service organizations;
18-11                (8)  make contacts with the community and to achieve
18-12    the highest level of independence, autonomy, and interaction with
18-13    the community of which the resident is capable;
18-14                (9)  present grievances on behalf of the resident or
18-15    others to the operator, state agencies, or other persons without
18-16    threat of reprisal in any manner;
18-17                (10)  a safe and decent living environment and
18-18    considerate and respectful care that recognizes the dignity and
18-19    individuality of the resident;
18-20                (11)  refuse to perform services for the facility,
18-21    except as contracted for by the resident and operator;
18-22                (12)  practice the religion of the resident's choice;
18-23                (13)  leave the facility temporarily or permanently,
18-24    subject to contractual or financial obligations; and
18-25                (14)  not be deprived of any constitutional, civil, or
18-26    legal right solely by reason of residence in an assisted living [a
18-27    personal care] facility.
 19-1          SECTION 23.  Section 247.066, Health and Safety Code, is
 19-2    amended to read as follows:
 19-3          Sec. 247.066.  PROVIDERS' BILL OF RIGHTS.  (a)  Each assisted
 19-4    living [personal care] facility shall post a providers' bill of
 19-5    rights in a prominent place in the facility.
 19-6          (b)  The providers' bill of rights must provide that a
 19-7    provider of assisted living [personal care] services has the right
 19-8    to:
 19-9                (1)  be shown consideration and respect that recognizes
19-10    the dignity and individuality of the provider and assisted living
19-11    [personal care] facility;
19-12                (2)  terminate a resident's contract for just cause
19-13    after a written 30-day notice;
19-14                (3)  terminate a contract immediately, after notice to
19-15    the department, if the provider finds that a resident creates a
19-16    serious or immediate threat to the health, safety, or welfare of
19-17    other residents of the assisted living [personal care] facility;
19-18                (4)  present grievances, file complaints, or provide
19-19    information to state agencies or other persons without threat of
19-20    reprisal or retaliation;
19-21                (5)  refuse to perform services for the resident or the
19-22    resident's family other than those contracted for by the resident
19-23    and the provider;
19-24                (6)  contract with the community to achieve the highest
19-25    level of independence, autonomy, interaction, and services to
19-26    residents;
19-27                (7)  access to patient information concerning a client
 20-1    referred to the facility, which must remain confidential as
 20-2    provided by law;
 20-3                (8)  refuse a person referred to the facility if the
 20-4    referral is inappropriate;
 20-5                (9)  maintain an environment free of weapons and drugs;
 20-6    and
 20-7                (10)  be made aware of a resident's problems, including
 20-8    self-abuse, violent behavior, alcoholism, or drug abuse.
 20-9          SECTION 24.  Section 247.046, Health and Safety Code, as
20-10    amended by Chapter 14 and renumbered by Chapter 637, Acts of the
20-11    72nd Legislature, Regular Session, 1991, is repealed.
20-12          SECTION 25.  The change made by this Act in the name of an
20-13    establishment licensed under Chapter 247, Health and Safety Code,
20-14    does not affect the validity of a license issued or an act
20-15    performed under that chapter before the effective date of this Act.
20-16          SECTION 26.  The change in name made by this Act to the
20-17    Advisory Committee on Personal Care Facilities does not affect the
20-18    ability of a member serving on the committee before the effective
20-19    date of this Act to continue to serve on the committee.
20-20          SECTION 27.  A reference in law to a personal care facility
20-21    means an assisted living facility, as defined by Section 247.002,
20-22    Health and Safety Code, as amended by this Act.
20-23          SECTION 28.  This Act takes effect September 1, 1999.
20-24          SECTION 29.  The importance of this legislation and the
20-25    crowded condition of the calendars in both houses create an
20-26    emergency and an imperative public necessity that the
20-27    constitutional rule requiring bills to be read on three several
 21-1    days in each house be suspended, and this rule is hereby suspended.