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A BILL TO BE ENTITLED
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AN ACT
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relating to community homes for persons with disabilities; creating |
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a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 123.002, Human Resources Code, is |
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amended to read as follows: |
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Sec. 123.002. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Community home" means a community-based |
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residential home or assisted living facility that qualifies as a |
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community home under Section 123.004. |
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(2) "Person [, "person] with a disability" means a |
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person whose ability to care for himself or herself, perform manual |
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tasks, learn, work, walk, see, hear, speak, or breathe is |
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substantially limited because the person has: |
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(A) [(1)] an orthopedic, visual, speech, or |
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hearing impairment; |
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(B) [(2)] Alzheimer's disease; |
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(C) [(3)] pre-senile dementia; |
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(D) [(4)] cerebral palsy; |
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(E) [(5)] epilepsy; |
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(F) [(6)] muscular dystrophy; |
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(G) [(7)] multiple sclerosis; |
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(H) [(8)] cancer; |
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(I) [(9)] heart disease; |
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(J) [(10)] diabetes; |
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(K) [(11)] an intellectual disability; |
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(L) [(12)] autism; or |
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(M) [(13)] mental illness. |
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(3) "Property owners' association" and "restrictive |
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covenant" have the meanings assigned by Section 202.001, Property |
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Code. |
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SECTION 2. Section 123.003(b), Human Resources Code, is |
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amended to read as follows: |
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(b) A restriction, reservation, exception, or other |
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provision in an instrument created or amended on or after September |
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1, 1985, that relates to the transfer, sale, lease, or use of |
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property may not prohibit or effectively prohibit the use of the |
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property as a community home. |
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SECTION 3. Section 123.004, Human Resources Code, is |
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amended to read as follows: |
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Sec. 123.004. QUALIFICATION AS COMMUNITY HOME. To qualify |
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as a community home, an entity must comply with Sections 123.005 |
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through 123.008 and be: |
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(1) a community-based residential home operated by: |
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(A) the Health and Human Services Commission |
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[Department of Aging and Disability Services]; |
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(B) a community center organized under |
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Subchapter A, Chapter 534, Health and Safety Code, that provides |
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services to persons with disabilities; |
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(C) an entity subject to the Texas Nonprofit |
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Corporation Law as described by Section 1.008(d), Business |
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Organizations Code; or |
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(D) an entity certified by the Health and Human |
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Services Commission [Department of Aging and Disability Services] |
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as a provider under the ICF-IID medical assistance program; or |
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(2) an assisted living facility licensed under Chapter |
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247, Health and Safety Code, provided that the exterior structure |
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retains compatibility with the surrounding residential dwellings. |
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SECTION 4. Section 123.009, Human Resources Code, is |
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amended to read as follows: |
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Sec. 123.009. LIMITATION ON NUMBER OF MOTOR VEHICLES; |
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OFFENSE. (a) Except as otherwise provided by municipal ordinance |
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or by a restrictive covenant enforced by a property owners' |
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association, the residents of a community home may not keep for the |
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use of the residents of the home, either on the premises of the home |
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or on a public right-of-way adjacent to the home, motor vehicles in |
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numbers that exceed the number of bedrooms in the home as recorded |
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in the appraisal records of the county in which the home is located. |
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(b) A person commits an offense if the person keeps a motor |
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vehicle in violation of Subsection (a). |
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(c) An offense under this section is a Class B misdemeanor. |
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(d) A motor vehicle kept in violation of Subsection (a) may |
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be towed at the expense of the owner of the vehicle. |
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SECTION 5. Section 123.010, Human Resources Code, is |
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amended to read as follows: |
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Sec. 123.010. ENSURING SAFETY OF RESIDENTS OF COMMUNITY |
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HOME AND AFFECTED NEIGHBORHOOD. (a) The Health and Human Services |
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Commission [Department of Aging and Disability Services] shall make |
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every reasonable effort to ensure the safety of residents of a |
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community home operated by or under the regulatory jurisdiction of |
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the commission [department] and the residents of a neighborhood |
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that is affected by the location of the community home. |
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(b) A property owners' association or an affected property |
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owner in a neighborhood in which a community home is located may |
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report to an entity with regulatory jurisdiction over or that |
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operates the home that the home: |
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(1) has violated a provision of this chapter; or |
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(2) poses a hazard to the safety or well-being of the |
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neighborhood or community. |
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(c) An entity that receives a report under Subsection (b) |
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shall investigate the report in a timely manner and take |
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appropriate action, including, as applicable, revocation of the |
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entity's authorization to operate the community home. |
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SECTION 6. Section 202.002(b), Property Code, is amended to |
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read as follows: |
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(b) This chapter does not affect the requirements of Chapter |
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123, Human Resources Code [the Community Homes for Disabled Persons
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Location Act (Article 1011n, Vernon's Texas Civil Statutes)]. |
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SECTION 7. Section 202.003(b), Property Code, is amended to |
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read as follows: |
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(b) In this subsection, "community [family] home" has the |
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meaning assigned by Section 123.002, Human Resources Code [is a
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residential home that meets the definition of and requirements
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applicable to a family home under the Community Homes for Disabled
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Persons Location Act (Article 1011n, Vernon's Texas Civil
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Statutes)]. A dedicatory instrument or restrictive covenant may |
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not be construed to prevent the use of property as a community |
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[family] home. However, any restrictive covenant that applies to |
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property used as a community [family] home shall be liberally |
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construed to give effect to its purposes and intent except to the |
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extent that the construction would restrict the use as a community |
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[family] home. |
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SECTION 8. Chapter 202, Property Code, is amended by adding |
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Section 202.0045 to read as follows: |
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Sec. 202.0045. ENFORCEMENT OF RESTRICTIVE COVENANT ON |
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PROPERTY USED AS COMMUNITY HOME. (a) A property owners' |
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association may enforce a restrictive covenant that applies to |
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property used as a community home, as defined by Section 123.002, |
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Human Resources Code, to the same extent and in the same manner as |
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the restrictive covenant is or would be enforced with respect to any |
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other property that is subject to the restrictive covenant. |
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(b) This section does not authorize a property owners' |
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association to enforce a restriction that prohibits or effectively |
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prohibits the use of property as a community home. |
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SECTION 9. As soon as is practicable after the effective |
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date of this Act, an entity with regulatory jurisdiction over a |
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community home under Section 123.004, Human Resources Code, as |
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amended by this Act, shall adopt the rules necessary to implement |
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Section 123.010, Human Resources Code, as amended by this Act. |
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SECTION 10. This Act takes effect September 1, 2019. |