Texas 2023 - 88th Regular

Texas House Bill HB1100 Compare Versions

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1	1	By: Johnson of Dallas, Patterson, Lalani, H.B. No. 1100
2	2	Shaheen
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain senior retirement
8	8	communities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 8, Property Code, is amended by adding
11	11	Chapter 95 to read as follows:
12	12	CHAPTER 95. SENIOR RETIREMENT COMMUNITIES
13	13	Sec. 95.001. DEFINITIONS. In this chapter:
14	14	(1) "Common amenity" means an amenity or service
15	15	offered or provided to residents of a multiunit residential
16	16	property, including:
17	17	(A) concierge services;
18	18	(B) a library;
19	19	(C) common dining services;
20	20	(D) housekeeping services; and
21	21	(E) full-time security.
22	22	(2) "Resident" means an individual who resides in a
23	23	senior retirement community as a unit owner or tenant.
24	24	(3) "Senior retirement community" means a residential
25	25	community or a portion of a residential community:
26	26	(A) described by Section 301.043;
27	27	(B) that contains not fewer than 20 residential
28	28	units in one or more multiunit buildings that are available to rent
29	29	or lease; and
30	30	(C) that provides common amenities.
31	31	(4) "Senior retirement community contract" means a
32	32	contract with a resident of a senior retirement community for
33	33	providing a common amenity to the resident.
34	34	(5) "Unit" means a physical portion of a residential
35	35	property designated for separate ownership or occupancy.
36	36	Sec. 95.002. EXEMPTIONS. This chapter does not apply to:
37	37	(1) a health care institution as defined by Section
38	38	74.001, Civil Practice and Remedies Code;
39	39	(2) a boarding home facility as defined by Section
40	40	260.001, Health and Safety Code, that holds a permit issued under
41	41	Chapter 260, Health and Safety Code;
42	42	(3) a supportive housing facility for elderly
43	43	individuals operated under Section 202, the National Housing Act
44	44	(12 U.S.C. Section 1701q);
45	45	(4) a center for independent living as defined by
46	46	Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
47	47	Section 796a); or
48	48	(5) any other facility that is regulated by the Health
49	49	and Human Services Commission or in accordance with rules adopted
50	50	by the Centers for Medicare and Medicaid Services.
51	51	Sec. 95.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM
52	52	CRIMINAL ACTIVITY. (a) A senior retirement community shall:
53	53	(1) conduct for each retirement community employee a
54	54	criminal history record check using the computerized criminal
55	55	history system maintained by the Department of Public Safety of the
56	56	State of Texas;
57	57	(2) disclose in the senior retirement community
58	58	contract whether the retirement community requires each business
59	59	that will provide services at the retirement community to conduct a
60	60	criminal history record check of each of the business's employees
61	61	who will provide services at the retirement community; and
62	62	(3) maintain a resident safety and communications
63	63	policy regarding criminal activity that poses a risk to residents,
64	64	which must require the retirement community to send to each
65	65	resident and post in a conspicuous manner at a location on the
66	66	retirement community premises where the retirement community posts
67	67	other community notices a written notice containing information on:
68	68	(A) known reports of potential criminal activity
69	69	made to law enforcement from or at the retirement community not
70	70	later than two business days after the date the report is made or
71	71	activity occurs; and
72	72	(B) known instances of trespassing at the
73	73	retirement community not later than two business days after the
74	74	trespassing is reported or occurs.
75	75	(b) For purposes of providing notice under the policy
76	76	adopted by a senior retirement community under Subsection (a)(3)
77	77	relating to a reportable incident described by that subdivision,
78	78	the retirement community:
79	79	(1) may provide for the removal of the personal
80	80	identifying information of an individual who is involved in the
81	81	reportable incident to prevent the individual's identification;
82	82	and
83	83	(2) may not refuse to provide the notice based solely
84	84	on concerns related to the disclosure of the individual's personal
85	85	identifying information.
86	86	(c) A senior retirement community may not be held civilly or
87	87	criminally liable for the retirement community's compliance with
88	88	Subsection (a)(1) or (3).
89	89	(d) A senior retirement community may not:
90	90	(1) prevent or inhibit a resident from or penalize a
91	91	resident for communicating with a law enforcement officer, social
92	92	worker, family member, or other interested person regarding the
93	93	safety and security of the retirement community; or
94	94	(2) prevent a law enforcement officer or court officer
95	95	from entering a common area of the retirement community to conduct a
96	96	voluntary interview with a resident as part of an investigation
97	97	into criminal activity at the retirement community.
98	98	Sec. 95.004. PROHIBITED AGREEMENT OR CONTRACT PROVISION. A
99	99	lease, rental, or purchase agreement for a residential unit in a
100	100	senior retirement community or a senior retirement community
101	101	contract with a resident may not include a provision that controls
102	102	the content or execution of the resident's advance directive or
103	103	testamentary documents.
104	104	SECTION 2. Section 95.004, Property Code, as added by this
105	105	Act, applies only to an agreement or contract entered into or
106	106	renewed on or after the effective date of this Act.
107	107	SECTION 3. This Act takes effect September 1, 2023.