Amend CSHB 1168 (Senate committee version) by striking all the text below the enacting clause and substituting the following: SECTION 1. DEFINITIONS. In this Act: (1) "Department" means the Department of Aging and Disability Services. (2) "Disabled person" has the meaning assigned by Section 48.002, Human Resources Code. (3) "Elderly person" has the meaning assigned by Section 48.002, Human Resources Code. (4) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (5) "Boarding house" means an establishment that: (A) provides services, including community meals, light housework, meal preparation, transportation, grocery shopping, money management, or laundry services to three or more elderly persons or disabled persons residing in the boarding house who are unrelated to the owner or proprietor of the establishment; (B) is not: (i) required to be licensed under Chapter 142, 242, 246, 247, or 252, Health and Safety Code; or (ii) exempt from licensing under Section 142.003(a)(19) or 247.004(4), Health and Safety Code; and (C) is not a: (i) child-care facility as defined by Section 42.002, Human Resources Code; (ii) family violence center as defined by Section 51.002, Human Resources Code; (iii) hotel as defined by Section 156.001, Tax Code; (iv) retirement community; (v) monastery or convent; or (vi) sorority or fraternity house or other dormitory affiliated with an institution of higher education. SECTION 2. PILOT PROGRAM. (a) Subject to the appropriation of funds for the express purpose of implementing the pilot program described by this section, the executive commissioner by rule shall develop and implement a pilot program in a county or municipality described by Subsection (c) of this section in which the department: (1) requires boarding houses to be licensed; (2) inspects boarding houses; and (3) enforces rules and regulations for licensed boarding houses. (b) In implementing the pilot program, the executive commissioner shall adopt rules and regulations for boarding houses that include: (1) minimum standards to ensure the health and safety of residents of boarding houses, including fire safety requirements; (2) required disclosures by boarding houses; (3) reporting requirements regarding resident deaths, injuries, or accidents; and (4) administrative penalties for a boarding house of not less than $100 or more than $1,000 for each violation by a boarding house of a rule adopted or order issued under the pilot program. (c) Subject to the appropriation of funds for the express purpose of implementing the pilot program described by this section, not later than August 1, 2008, the executive commissioner shall implement the pilot program in a county or municipality that has adopted an order or ordinance regulating the operation of boarding houses. SECTION 3. REPORT. Not later than January 1, 2009, the Health and Human Services Commission shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each house and senate standing committee having jurisdiction over adult protective services. The report must include: (1) if the pilot program has been developed and implemented: (A) the number of: (i) boarding houses licensed through the pilot program; (ii) violations by boarding houses of rules adopted under the pilot program; and (iii) investigations of boarding houses licensed under the pilot program related to alleged abuse, neglect, or exploitation of a resident; (B) a description of any penalties against a boarding house licensed under the pilot program resulting from a department investigation; and (C) a recommendation regarding the advisability of expanding the pilot program statewide; or (2) if the pilot program has not been developed and implemented, a study and recommendations regarding the most effective method for regulating boarding houses, including recommendations on whether clarifying the authority of and granting additional authority to counties and municipalities to establish health and safety standards for boarding houses is recommended. SECTION 4. EXPIRATION. This Act expires September 1, 2011. SECTION 5. This Act takes effect September 1, 2007.