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A BILL TO BE ENTITLED
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AN ACT
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relating to senior retirement communities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 9, Health and Safety Code, is |
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amended by adding Chapter 786 to read as follows: |
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CHAPTER 786. SENIOR RETIREMENT COMMUNITIES |
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Sec. 786.001. DEFINITIONS. In this chapter: |
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(1) "Chronic condition residential customer" means a |
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residential customer who has a person permanently residing in the |
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customer's home who has been diagnosed by a physician as having a |
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serious medical condition that requires an electric-powered |
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medical device or electric heating or cooling to prevent the |
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impairment of a major life function through a significant |
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deterioration or exacerbation of the person's medical condition. |
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(2) "Common amenity" means an amenity or service |
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offered or provided to residents of a multiunit residential |
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property, including: |
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(A) concierge services; |
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(B) a library; |
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(C) common dining services; |
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(D) housekeeping services; and |
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(E) full-time security. |
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(3) "Critical care residential customer" and |
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"customer" have the meanings assigned by Section 17.002, Utilities |
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Code. |
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(4) "Electric cooperative" and "municipally owned |
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utility" have the meanings assigned by Section 11.003, Utilities |
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Code. |
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(5) "Electric utility" has the meaning assigned by |
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Section 31.002, Utilities Code. |
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(6) "Resident" means an individual who resides in a |
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senior retirement community as a unit owner or tenant. |
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(7) "Senior retirement community" means a residential |
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community or a portion of a residential community: |
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(A) described by Section 301.043, Property Code; |
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(B) that contains not fewer than 20 residential |
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units in one or more multiunit buildings that are available to own, |
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rent, or lease; and |
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(C) that provides common amenities. |
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(8) "Senior retirement community contract" means a |
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contract with a resident of a senior retirement community for |
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providing a common amenity to a resident. |
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(9) "Unit" means a physical portion of a residential |
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property designated for separate ownership or occupancy. |
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Sec. 786.002. EXEMPTIONS. This chapter does not apply to: |
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(1) a health care institution as defined by Section |
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74.001, Civil Practice and Remedies Code; |
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(2) a boarding home facility as defined by Section |
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260.001 that holds a permit issued under Chapter 260; |
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(3) a supportive housing facility for elderly |
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individuals operated under Section 202, the National Housing Act |
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(12 U.S.C. Section 1701q); |
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(4) a center for independent living as defined by |
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Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C. |
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Section 796a); or |
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(5) any other facility that is regulated by the Health |
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and Human Services Commission or in accordance with rules adopted |
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by the Centers for Medicare and Medicaid Services. |
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Sec. 786.003. EMERGENCY RESPONSE PLAN. (a) A senior |
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retirement community shall prepare, maintain, and annually update a |
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written emergency response plan. |
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(b) The emergency response plan must: |
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(1) describe methods to be used to communicate with |
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residents during a disaster; |
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(2) provide for at least one employee to stay on site |
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during a disaster unless the disaster results in an evacuation of |
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the senior retirement community; |
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(3) provide for the provision of food, water, and |
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essential supplies to residents during a disaster by the senior |
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retirement community or a contracted entity; |
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(4) detail the options for the transport of residents |
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during an evacuation; |
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(5) provide for emergency planning meetings for the |
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residents to occur at least twice each year; and |
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(6) include a compilation of disaster preparation |
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resources available to residents, including 2-1-1 services |
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provided by the Texas Information and Referral Network, |
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registration with the State of Texas Emergency Assistance Registry, |
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and registration with the electric utility, electric cooperative, |
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or municipally owned utility that serves the resident to receive a |
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designation as a critical care residential customer, chronic |
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condition residential customer, or any other designation the |
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utility or cooperative offers for the purpose of prioritizing the |
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restoration of service or providing notice to customers regarding |
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outages. |
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(c) A senior retirement community shall: |
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(1) provide the emergency response plan to each |
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resident; |
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(2) provide the emergency response plan to a |
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resident's family member on request; and |
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(3) post a written notice of the emergency response |
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plan in a conspicuous manner at a location on the community premises |
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where the community posts other community notices. |
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Sec. 786.004. AGREEMENT OR CONTRACT PROVISIONS. A lease, |
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rental, or purchase agreement for a residential unit in a senior |
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retirement community or a senior retirement community contract with |
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a resident: |
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(1) must include a copy of the emergency response plan |
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that the community has adopted as required by Section 786.003; and |
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(2) may not include a provision that controls the |
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content or execution of the resident's advance directive or |
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testamentary documents. |
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Sec. 786.005. HEALTH AND SAFETY INVESTIGATIONS AND RESIDENT |
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COMMUNICATIONS. A senior retirement community may not: |
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(1) prevent or inhibit a resident from or penalize a |
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resident for communicating with a law enforcement officer, social |
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worker, family member, or other interested person regarding the |
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health and safety of residents of the senior retirement community; |
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or |
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(2) prevent a law enforcement officer, court officer, |
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social worker, family member, or other invited person from entering |
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a common area of the senior retirement community to conduct a |
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voluntary interview with a resident as part of an investigation |
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into the health and safety of residents of the community or |
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regarding an incident at the community. |
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SECTION 2. (a) A senior retirement community is not |
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required to comply with Section 786.003, Health and Safety Code, as |
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added by this Act, before January 1, 2026. |
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(b) Section 786.004, Health and Safety Code, as added by |
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this Act, applies only to an agreement or contract entered into or |
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renewed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |
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