BILL ANALYSIS

H.B. 2510

By: Turner

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee of Jacqueline Thomas, a Texan with dementia who was residing in an assisted living facility in Grand Prairie and later discovered to be neglected and living in inhumane conditions after a 9-1-1 call brought paramedics to the facility. The bill author has also informed the committee that many boarding homes or other facilities are providing a level of care that meets the threshold to be considered an assisted living facility, yet are purposefully avoiding licensure to avoid oversight. The bill author has further informed the committee that under current state law, there is no criminal penalty for this act and violators are not being held accountable. 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.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2510 amends the Health and Safety Code to create Class A misdemeanor offenses for the following conduct:

· a person who is required to hold a home and community support services agency license providing without holding the applicable license personal assistance services to a resident of an assisted living facility; and

· 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.

EFFECTIVE DATE

September 1, 2025.