Texas 2021 - 87th Regular

Texas House Bill HB3095 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R4946 JG-F
2	2	By: Johnson of Dallas H.B. No. 3095
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain senior living facilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 8, Property Code, is amended by adding
10	10	Chapter 95 to read as follows:
11	11	CHAPTER 95. SENIOR LIVING FACILITIES
12	12	Sec. 95.001. DEFINITIONS. In this chapter:
13	13	(1) "Common amenity" means an amenity or service
14	14	offered or provided to residents of a multiunit residential
15	15	property, including:
16	16	(A) a fitness center;
17	17	(B) concierge services;
18	18	(C) a library;
19	19	(D) common dining services;
20	20	(E) housekeeping services; and
21	21	(F) full-time security.
22	22	(2) "Resident" means an individual who resides in a
23	23	senior living facility as a unit owner or tenant.
24	24	(3) "Senior living contract" means a contract with a
25	25	resident of a senior living facility for providing a common amenity
26	26	to the resident.
27	27	(4) "Senior living facility" means a residential
28	28	facility or a portion of a residential facility that:
29	29	(A) is managed by a single entity;
30	30	(B) generally requires a resident to be 55 years
31	31	of age or older;
32	32	(C) contains not fewer than 20 residential units
33	33	in one or more multiunit buildings that are available to rent,
34	34	lease, or own;
35	35	(D) is located on a single lot or tract of land or
36	36	on multiple contiguous lots or tracts of land; and
37	37	(E) provides common amenities.
38	38	(5) "Unit" means a physical portion of a residential
39	39	property designated for separate ownership or occupancy.
40	40	Sec. 95.002. EXEMPTIONS. This chapter does not apply to:
41	41	(1) a health care institution as defined by Section
42	42	74.001, Civil Practice and Remedies Code;
43	43	(2) a boarding home facility as defined by Section
44	44	260.001, Health and Safety Code, that holds a permit issued under
45	45	Chapter 260, Health and Safety Code;
46	46	(3) a supportive housing facility for elderly
47	47	individuals operated under Section 202, the National Housing Act
48	48	(12 U.S.C. Section 1701q);
49	49	(4) a center for independent living as defined by
50	50	Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
51	51	Section 796a); or
52	52	(5) any other facility that is regulated by the Health
53	53	and Human Services Commission or in accordance with rules adopted
54	54	by the Centers for Medicare and Medicaid Services.
55	55	Sec. 95.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM
56	56	CRIMINAL ACTIVITY. (a) A senior living facility shall:
57	57	(1) conduct a criminal history record check for each
58	58	facility employee and each person contracted by the facility to
59	59	provide services at the facility and maintain the records of each
60	60	criminal history record check conducted under this subdivision; and
61	61	(2) report all instances of criminal activity at the
62	62	facility to a law enforcement officer, including, if applicable,
63	63	information regarding the involvement of a facility employee or
64	64	contractor in the criminal activity.
65	65	(b) A senior living facility may not:
66	66	(1) prevent or inhibit a resident from or penalize a
67	67	resident for communicating with a law enforcement officer, social
68	68	worker, family member, or other interested person regarding the
69	69	safety and security of the facility; or
70	70	(2) prevent a law enforcement officer or court officer
71	71	from entering a common area of the facility to conduct a voluntary
72	72	interview with a resident as part of an investigation into criminal
73	73	activity at the facility.
74	74	Sec. 95.004. PROHIBITED AGREEMENT OR CONTRACT PROVISIONS.
75	75	A lease, rental, or purchase agreement for a residential unit in a
76	76	senior living facility or a senior living contract with a resident
77	77	may not include a provision that:
78	78	(1) requires arbitration or waives liability in an
79	79	action brought under Section 95.005; or
80	80	(2) controls the content or execution of the
81	81	resident's advance directive or testamentary documents.
82	82	Sec. 95.005. CIVIL LIABILITY. (a) A senior living facility
83	83	is liable to a resident for actual damages incurred from:
84	84	(1) a violation of this chapter; or
85	85	(2) the facility's failure to implement a safety
86	86	policy or procedure that the resident reasonably believed was
87	87	adopted by the facility.
88	88	(b) Chapter 74, Civil Practice and Remedies Code, does not
89	89	apply to an action brought under Subsection (a).
90	90	Sec. 95.006. CUMULATIVE REMEDIES. The remedies provided by
91	91	this chapter are not exclusive and are in addition to any other
92	92	remedy provided by law, including a remedy provided for a tenant
93	93	against a landlord under this title, as applicable.
94	94	SECTION 2. (a) Section 95.004, Property Code, as added by
95	95	this Act, applies only to an agreement or contract entered into or
96	96	renewed on or after the effective date of this Act.
97	97	(b) Section 95.005, Property Code, as added by this Act,
98	98	applies only to a cause of action that accrues on or after the
99	99	effective date of this Act.
100	100	SECTION 3. This Act takes effect September 1, 2021.