By: Johnson of Dallas, Patterson, Lalani, H.B. No. 1100
Shaheen
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain senior retirement
communities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 8, Property Code, is amended by adding
Chapter 95 to read as follows:
CHAPTER 95. SENIOR RETIREMENT COMMUNITIES
Sec. 95.001. DEFINITIONS. In this chapter:
(1) "Common amenity" means an amenity or service
offered or provided to residents of a multiunit residential
property, including:
(A) concierge services;
(B) a library;
(C) common dining services;
(D) housekeeping services; and
(E) full-time security.
(2) "Resident" means an individual who resides in a
senior retirement community as a unit owner or tenant.
(3) "Senior retirement community" means a residential
community or a portion of a residential community:
(A) described by Section 301.043;
(B) that contains not fewer than 20 residential
units in one or more multiunit buildings that are available to rent
or lease; and
(C) that provides common amenities.
(4) "Senior retirement community contract" means a
contract with a resident of a senior retirement community for
providing a common amenity to the resident.
(5) "Unit" means a physical portion of a residential
property designated for separate ownership or occupancy.
Sec. 95.002. EXEMPTIONS. This chapter does not apply to:
(1) a health care institution as defined by Section
74.001, Civil Practice and Remedies Code;
(2) a boarding home facility as defined by Section
260.001, Health and Safety Code, that holds a permit issued under
Chapter 260, Health and Safety Code;
(3) a supportive housing facility for elderly
individuals operated under Section 202, the National Housing Act
(12 U.S.C. Section 1701q);
(4) a center for independent living as defined by
Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
Section 796a); or
(5) any other facility that is regulated by the Health
and Human Services Commission or in accordance with rules adopted
by the Centers for Medicare and Medicaid Services.
Sec. 95.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM
CRIMINAL ACTIVITY. (a) A senior retirement community shall:
(1) conduct for each retirement community employee a
criminal history record check using the computerized criminal
history system maintained by the Department of Public Safety of the
State of Texas;
(2) disclose in the senior retirement community
contract whether the retirement community requires each business
that will provide services at the retirement community to conduct a
criminal history record check of each of the business's employees
who will provide services at the retirement community; and
(3) maintain a resident safety and communications
policy regarding criminal activity that poses a risk to residents,
which must require the retirement community to send to each
resident and post in a conspicuous manner at a location on the
retirement community premises where the retirement community posts
other community notices a written notice containing information on:
(A) known reports of potential criminal activity
made to law enforcement from or at the retirement community not
later than two business days after the date the report is made or
activity occurs; and
(B) known instances of trespassing at the
retirement community not later than two business days after the
trespassing is reported or occurs.
(b) For purposes of providing notice under the policy
adopted by a senior retirement community under Subsection (a)(3)
relating to a reportable incident described by that subdivision,
the retirement community:
(1) may provide for the removal of the personal
identifying information of an individual who is involved in the
reportable incident to prevent the individual's identification;
and
(2) may not refuse to provide the notice based solely
on concerns related to the disclosure of the individual's personal
identifying information.
(c) A senior retirement community may not be held civilly or
criminally liable for the retirement community's compliance with
Subsection (a)(1) or (3).
(d) A senior retirement community may not:
(1) prevent or inhibit a resident from or penalize a
resident for communicating with a law enforcement officer, social
worker, family member, or other interested person regarding the
safety and security of the retirement community; or
(2) prevent a law enforcement officer or court officer
from entering a common area of the retirement community to conduct a
voluntary interview with a resident as part of an investigation
into criminal activity at the retirement community.
Sec. 95.004. PROHIBITED AGREEMENT OR CONTRACT PROVISION. A
lease, rental, or purchase agreement for a residential unit in a
senior retirement community or a senior retirement community
contract with a resident may not include a provision that controls
the content or execution of the resident's advance directive or
testamentary documents.
SECTION 2. Section 95.004, Property Code, as added by this
Act, applies only to an agreement or contract entered into or
renewed on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.