87R4946 JG-F
 
  By: Johnson of Dallas H.B. No. 3095
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain senior living facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 8, Property Code, is amended by adding
  Chapter 95 to read as follows:
  CHAPTER 95. SENIOR LIVING FACILITIES
         Sec. 95.001.  DEFINITIONS. In this chapter:
               (1)  "Common amenity" means an amenity or service
  offered or provided to residents of a multiunit residential
  property, including:
                     (A)  a fitness center;
                     (B)  concierge services;
                     (C)  a library;
                     (D)  common dining services;
                     (E)  housekeeping services; and
                     (F)  full-time security.
               (2)  "Resident" means an individual who resides in a
  senior living facility as a unit owner or tenant.
               (3)  "Senior living contract" means a contract with a
  resident of a senior living facility for providing a common amenity
  to the resident.
               (4)  "Senior living facility" means a residential
  facility or a portion of a residential facility that:
                     (A)  is managed by a single entity;
                     (B)  generally requires a resident to be 55 years
  of age or older;
                     (C)  contains not fewer than 20 residential units
  in one or more multiunit buildings that are available to rent,
  lease, or own;
                     (D)  is located on a single lot or tract of land or
  on multiple contiguous lots or tracts of land; and
                     (E)  provides common amenities.
               (5)  "Unit" means a physical portion of a residential
  property designated for separate ownership or occupancy.
         Sec. 95.002.  EXEMPTIONS. This chapter does not apply to:
               (1)  a health care institution as defined by Section
  74.001, Civil Practice and Remedies Code;
               (2)  a boarding home facility as defined by Section
  260.001, Health and Safety Code, that holds a permit issued under
  Chapter 260, Health and Safety Code;
               (3)  a supportive housing facility for elderly
  individuals operated under Section 202, the National Housing Act
  (12 U.S.C. Section 1701q);
               (4)  a center for independent living as defined by
  Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
  Section 796a); or
               (5)  any other facility that is regulated by the Health
  and Human Services Commission or in accordance with rules adopted
  by the Centers for Medicare and Medicaid Services.
         Sec. 95.003.  REQUIREMENTS RELATING TO RESIDENT SAFETY FROM
  CRIMINAL ACTIVITY. (a)  A senior living facility shall:
               (1)  conduct a criminal history record check for each
  facility employee and each person contracted by the facility to
  provide services at the facility and maintain the records of each
  criminal history record check conducted under this subdivision; and
               (2)  report all instances of criminal activity at the
  facility to a law enforcement officer, including, if applicable,
  information regarding the involvement of a facility employee or
  contractor in the criminal activity.
         (b)  A senior living facility may not:
               (1)  prevent or inhibit a resident from or penalize a
  resident for communicating with a law enforcement officer, social
  worker, family member, or other interested person regarding the
  safety and security of the facility; or
               (2)  prevent a law enforcement officer or court officer
  from entering a common area of the facility to conduct a voluntary
  interview with a resident as part of an investigation into criminal
  activity at the facility.
         Sec. 95.004.  PROHIBITED AGREEMENT OR CONTRACT PROVISIONS.
  A lease, rental, or purchase agreement for a residential unit in a
  senior living facility or a senior living contract with a resident
  may not include a provision that:
               (1)  requires arbitration or waives liability in an
  action brought under Section 95.005; or
               (2)  controls the content or execution of the
  resident's advance directive or testamentary documents.
         Sec. 95.005.  CIVIL LIABILITY. (a)  A senior living facility
  is liable to a resident for actual damages incurred from:
               (1)  a violation of this chapter; or
               (2)  the facility's failure to implement a safety
  policy or procedure that the resident reasonably believed was
  adopted by the facility.
         (b)  Chapter 74, Civil Practice and Remedies Code, does not
  apply to an action brought under Subsection (a).
         Sec. 95.006.  CUMULATIVE REMEDIES. The remedies provided by
  this chapter are not exclusive and are in addition to any other
  remedy provided by law, including a remedy provided for a tenant
  against a landlord under this title, as applicable.
         SECTION 2.  (a) Section 95.004, Property Code, as added by
  this Act, applies only to an agreement or contract entered into or
  renewed on or after the effective date of this Act.
         (b)  Section 95.005, Property Code, as added by this Act,
  applies only to a cause of action that accrues on or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.