88R754 JG-F
By: Johnson of Dallas H.B. No. 1100
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain senior living facilities.
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 LIVING FACILITIES
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 living facility as a unit owner or tenant.
(3) "Senior living contract" means a contract with a
resident of a senior living facility for providing a common amenity
to the resident.
(4) "Senior living facility" means a residential
facility or a portion of a residential facility that:
(A) is managed by a single entity;
(B) requires a resident to be 55 years of age or
older;
(C) contains not fewer than 20 residential units
in one or more multiunit buildings that are available to rent or
lease;
(D) is located on a single lot or tract of land or
on multiple contiguous lots or tracts of land; and
(E) provides common amenities.
(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 living facility shall:
(1) conduct for each facility employee a criminal
history record check using, at a minimum, the computerized criminal
history system maintained by the Department of Public Safety of the
State of Texas;
(2) require each business that provides services to
the facility to conduct for each employee of the business who will
have access to the facility's premises or residents a criminal
history record check using, at a minimum, the computerized criminal
history system maintained by the Department of Public Safety of the
State of Texas; and
(3) report all instances of criminal activity that
occur at the facility to a law enforcement officer, including, if
applicable, information regarding the involvement of a facility
employee or contractor in the criminal activity.
(b) A senior living facility 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 facility; or
(2) prevent a law enforcement officer or court officer
from entering a common area of the facility to conduct a voluntary
interview with a resident as part of an investigation into criminal
activity at the facility.
Sec. 95.004. PROHIBITED AGREEMENT OR CONTRACT PROVISIONS.
A lease, rental, or purchase agreement for a residential unit in a
senior living facility or a senior living contract with a resident
may not include a provision that:
(1) waives liability in an action brought under
Section 95.005;
(2) requires arbitration of a dispute related to
liability under Section 95.005; or
(3) controls the content or execution of the
resident's advance directive or testamentary documents.
Sec. 95.005. CIVIL LIABILITY. (a) A senior living facility
is liable to a resident for actual damages incurred from:
(1) a violation of this chapter; or
(2) the facility's failure to implement a safety
policy or procedure.
(b) Chapter 74, Civil Practice and Remedies Code, does not
apply to an action brought under Subsection (a).
Sec. 95.006. CUMULATIVE REMEDIES. The remedies provided by
this chapter are not exclusive and are in addition to any other
remedy provided by law, including a remedy provided for a tenant
against a landlord under this title, as applicable.
SECTION 2. (a) 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.
(b) Section 95.005, Property Code, as added by this Act,
applies only to a cause of action that accrues on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.