| 1 | 1 | | 88R13558 MPF-F |
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| 2 | 2 | | By: Reynolds H.B. No. 3987 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of boarding home facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 260.001(2), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (2) "Boarding home facility" means an establishment |
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| 12 | 12 | | that: |
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| 13 | 13 | | (A) furnishes, in one or more buildings, lodging |
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| 14 | 14 | | to three or more persons [with disabilities or elderly persons] who |
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| 15 | 15 | | are unrelated to the owner of the establishment by blood or |
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| 16 | 16 | | marriage; and |
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| 17 | 17 | | (B) may provide household services to those |
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| 18 | 18 | | persons, other than [provides community meals, light housework, |
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| 19 | 19 | | meal preparation, transportation, grocery shopping, money |
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| 20 | 20 | | management, laundry services, or assistance with |
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| 21 | 21 | | self-administration of medication but does not provide] personal |
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| 22 | 22 | | care services as defined by Section 247.002 [to those persons]. |
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| 23 | 23 | | SECTION 2. Section 260.005(b), Health and Safety Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | (b) A county or municipality that requires a person to |
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| 26 | 26 | | obtain a boarding home facility permit as authorized under Section |
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| 27 | 27 | | 260.004 may set reasonable fees for issuance of the permit, renewal |
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| 28 | 28 | | of the permit, and inspections and may impose fines for |
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| 29 | 29 | | noncompliance with the county or municipal boarding home facility |
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| 30 | 30 | | regulations. [The fees collected and fines imposed by the county or |
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| 31 | 31 | | municipality must be used to administer the county or municipal |
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| 32 | 32 | | permitting program or for other purposes directly related to |
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| 33 | 33 | | providing boarding home facility or other assisted living services |
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| 34 | 34 | | to elderly persons and persons with disabilities.] |
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| 35 | 35 | | SECTION 3. Section 260.010(a), Health and Safety Code, is |
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| 36 | 36 | | amended to read as follows: |
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| 37 | 37 | | (a) Not later than September 30 of each year following the |
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| 38 | 38 | | establishment of a county or municipal permitting requirement under |
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| 39 | 39 | | this chapter, each county or municipality that requires a person to |
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| 40 | 40 | | obtain a boarding home facility permit under Section 260.004 shall |
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| 41 | 41 | | submit to the commission a report. The report must include: |
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| 42 | 42 | | (1) the total number of: |
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| 43 | 43 | | (A) boarding home facilities permitted during |
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| 44 | 44 | | the preceding state fiscal year; |
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| 45 | 45 | | (B) boarding home facility applications denied |
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| 46 | 46 | | permitting, including a summary of cause for denial; and |
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| 47 | 47 | | (C) boarding home facility permits active on |
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| 48 | 48 | | August 31 of the preceding state fiscal year; |
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| 49 | 49 | | (2) the total number of residents reported housed in |
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| 50 | 50 | | each boarding home facility reported; |
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| 51 | 51 | | (3) the total number of inspections conducted at each |
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| 52 | 52 | | boarding home facility by the county or municipality that requires |
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| 53 | 53 | | the permit; [and] |
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| 54 | 54 | | (4) the total number of permits revoked or suspended |
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| 55 | 55 | | as a result of an inspection described by Subdivision (3) and a |
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| 56 | 56 | | summary of the outcome for the residents displaced by revocation or |
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| 57 | 57 | | suspension of a permit; and |
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| 58 | 58 | | (5) the total number of incidents occurring at each |
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| 59 | 59 | | boarding home facility that required the intervention of a peace |
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| 60 | 60 | | officer as defined by Article 2.12, Code of Criminal Procedure. |
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| 61 | 61 | | SECTION 4. Section 260.011, Health and Safety Code, is |
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| 62 | 62 | | repealed. |
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| 63 | 63 | | SECTION 5. This Act takes effect immediately if it receives |
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| 64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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| 65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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| 67 | 67 | | Act takes effect September 1, 2023. |
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