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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of boarding home facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 260.001(2), Health and Safety Code, is |
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amended to read as follows: |
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(2) "Boarding home facility" means an establishment |
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that: |
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(A) furnishes, in one or more buildings, lodging |
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to three or more persons [with disabilities or elderly persons] who |
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are unrelated to the owner of the establishment by blood or |
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marriage; and |
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(B) may provide household services to those |
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persons, other than [provides community meals, light housework, |
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meal preparation, transportation, grocery shopping, money |
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management, laundry services, or assistance with |
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self-administration of medication but does not provide] personal |
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care services as defined by Section 247.002 [to those persons]. |
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SECTION 2. Section 260.005(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A county or municipality that requires a person to |
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obtain a boarding home facility permit as authorized under Section |
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260.004 may set reasonable fees for issuance of the permit, renewal |
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of the permit, and inspections and may impose fines for |
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noncompliance with the county or municipal boarding home facility |
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regulations. [The fees collected and fines imposed by the county or |
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municipality must be used to administer the county or municipal |
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permitting program or for other purposes directly related to |
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providing boarding home facility or other assisted living services |
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to elderly persons and persons with disabilities.] |
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SECTION 3. Section 260.010(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Not later than September 30 of each year following the |
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establishment of a county or municipal permitting requirement under |
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this chapter, each county or municipality that requires a person to |
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obtain a boarding home facility permit under Section 260.004 shall |
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submit to the commission a report. The report must include: |
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(1) the total number of: |
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(A) boarding home facilities permitted during |
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the preceding state fiscal year; |
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(B) boarding home facility applications denied |
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permitting, including a summary of cause for denial; and |
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(C) boarding home facility permits active on |
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August 31 of the preceding state fiscal year; |
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(2) the total number of residents reported housed in |
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each boarding home facility reported; |
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(3) the total number of inspections conducted at each |
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boarding home facility by the county or municipality that requires |
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the permit; [and] |
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(4) the total number of permits revoked or suspended |
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as a result of an inspection described by Subdivision (3) and a |
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summary of the outcome for the residents displaced by revocation or |
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suspension of a permit; and |
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(5) the total number of incidents occurring at each |
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boarding home facility that required the intervention of a peace |
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officer as defined by Article 2.12, Code of Criminal Procedure. |
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SECTION 4. Section 260.011, Health and Safety Code, is |
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repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |