BILL ANALYSIS

Senate Research Center	H.B. 2510
89R7640 MCF-D	By: Turner et al. (Kolkhorst)
	Health & Human Services
	5/9/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In certain communities, individuals have been operating residential facilities for personal care services without proper licensing by the Health and Human Services Commission. Law enforcement agencies in these areas have found that owners of these facilities have committed acts of fraud and abuse against residents, but current statutory penalties for these acts are limited.

H.B. 2510 seeks to increase accountability for those operating assisted living facilities and to give law enforcement officers the tools they need to keep vulnerable Texans safe by creating a criminal offense for individuals who operate or provide personal assistance services in assisted living facilities without the required license.

H.B. 2510 amends the Health and Safety Code to create a Class A misdemeanor offense for a person who provides "personal assistance" or "personal attendant care services" to a resident of an assisted living facility without a home and community support services agency license.

The bill also creates a Class A misdemeanor offense for a person operating an assisted living facility without holding a license issued under the Assisted Living Facility Licensing Act.

The bill enhances the penalty for a subsequent conviction of those respective offenses to a third degree felony.

H.B. 2510 amends current law relating to assisted living facility operations and provision of certain services to assisted living facility residents without a license and creates a criminal offense.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 142, Health and Safety Code, by adding Section 142.00605, as follows:

Sec. 142.00605. PERSONAL ASSISTANCE SERVICES PROVIDED WITHOUT LICENSE TO CERTAIN INDIVIDUALS; CRIMINAL OFFENSE. (a) Provides that a person commits an offense if the person is required to hold a license under Chapter 142 (Home and Community Support Services) and provides without holding the required license personal assistance services to a resident of an assisted living facility, as defined by Section 247.002 (Definitions).

(b) Provides that an offense under this section is a Class A misdemeanor, except the offense is a felony of the third degree if the person has been previously convicted of an offense under this section.

SECTION 2. Amends Subchapter C, Chapter 247, Health and Safety Code, by adding Section 247.0441, as follows:

Sec. 247.0441. LICENSE REQUIRED; CRIMINAL PENALTY. (a) Provides that a person commits an offense if the person operates an assisted living facility without holding a license issued under Chapter 247 (Assisted Living Facilities).

(b) Provides that an offense under this section is a Class A misdemeanor, except the offense is a felony of the third degree if the person has been previously convicted of an offense under this section.

SECTION 3. Effective date: September 1, 2025.