By Williams                                           H.B. No. 3264
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the exemption of certain facilities serving
 1-3     developmentally disabled adults from application of the Assisted
 1-4     Living Facility Licensing Act.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 247.004 of the Texas Health & Safety Code
 1-7     is amended by adding Section 247.004(5) to read as follows:
 1-8           Sec. 247.004.  Exemptions. This chapter does not apply to:
 1-9                 (1)  a boarding facility that has rooms for rent and
1-10     that may offer community meals, light housework, meal preparation,
1-11     transportation, grocery shopping, money management, or laundry
1-12     services but that does not provide personal care services;
1-13                 (2)  an establishment conducted by or for the adherents
1-14     of the Church of Christ, Scientist, for the purpose of providing
1-15     facilities for the care or treatment of the sick who depend
1-16     exclusively on prayer or spiritual means for healing without the
1-17     use of any drug or material remedy if the establishment complies
1-18     with local safety, sanitary, and quarantine ordinances and
1-19     regulations;
1-20                 (3)  a facility conducted by or for the adherents of a
1-21     qualified religious society classified as a tax-exempt organization
1-22     under an Internal Revenue Service group exemption ruling for the
1-23     purpose of providing personal care services without charge solely
 2-1     for the society's professed members or ministers in retirement, if
 2-2     the facility complies with local safety, sanitation, and quarantine
 2-3     ordinances and regulations; [or]
 2-4                 (4)  a facility that provides personal care services
 2-5     only to persons enrolled in a program that is funded in whole or in
 2-6     part by the Texas Department of Mental Health and Mental
 2-7     Retardation and that is monitored by the Texas Department of Mental
 2-8     Health and Mental Retardation or its designated local authority in
 2-9     accordance with standards set by the Texas Department of Mental
2-10     Health and Mental Retardation; or
2-11                 (5)  a facility that provides residential services,
2-12     vocational training, and personal care services only to
2-13     developmentally disabled adults, that serves as an educational
2-14     and/or research site for one or more institutions of higher
2-15     education and that is classified as a tax exempt organization under
2-16     section 501(c)(3) of the Internal Revenue Code, if the facility
2-17     complies with local safety, sanitation, and quarantine ordinances
2-18     and regulations.
2-19           SECTION 2.  This Act takes effect September 1, 2001.