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