Texas 2023 - 88th Regular

Texas Senate Bill SB611 Compare Versions

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Version 2 (New)

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1	1	88R754 JG-F
2	2	By: Johnson, Parker S.B. No. 611
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain senior living facilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 8, Property Code, is amended by adding
10	10	Chapter 95 to read as follows:
11	11	CHAPTER 95. SENIOR LIVING FACILITIES
12	12	Sec. 95.001. DEFINITIONS. In this chapter:
13	13	(1) "Common amenity" means an amenity or service
14	14	offered or provided to residents of a multiunit residential
15	15	property, including:
16	16	(A) concierge services;
17	17	(B) a library;
18	18	(C) common dining services;
19	19	(D) housekeeping services; and
20	20	(E) full-time security.
21	21	(2) "Resident" means an individual who resides in a
22	22	senior living facility as a unit owner or tenant.
23	23	(3) "Senior living contract" means a contract with a
24	24	resident of a senior living facility for providing a common amenity
25	25	to the resident.
26	26	(4) "Senior living facility" means a residential
27	27	facility or a portion of a residential facility that:
28	28	(A) is managed by a single entity;
29	29	(B) requires a resident to be 55 years of age or
30	30	older;
31	31	(C) contains not fewer than 20 residential units
32	32	in one or more multiunit buildings that are available to rent or
33	33	lease;
34	34	(D) is located on a single lot or tract of land or
35	35	on multiple contiguous lots or tracts of land; and
36	36	(E) provides common amenities.
37	37	(5) "Unit" means a physical portion of a residential
38	38	property designated for separate ownership or occupancy.
39	39	Sec. 95.002. EXEMPTIONS. This chapter does not apply to:
40	40	(1) a health care institution as defined by Section
41	41	74.001, Civil Practice and Remedies Code;
42	42	(2) a boarding home facility as defined by Section
43	43	260.001, Health and Safety Code, that holds a permit issued under
44	44	Chapter 260, Health and Safety Code;
45	45	(3) a supportive housing facility for elderly
46	46	individuals operated under Section 202, the National Housing Act
47	47	(12 U.S.C. Section 1701q);
48	48	(4) a center for independent living as defined by
49	49	Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
50	50	Section 796a); or
51	51	(5) any other facility that is regulated by the Health
52	52	and Human Services Commission or in accordance with rules adopted
53	53	by the Centers for Medicare and Medicaid Services.
54	54	Sec. 95.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM
55	55	CRIMINAL ACTIVITY. (a) A senior living facility shall:
56	56	(1) conduct for each facility employee a criminal
57	57	history record check using, at a minimum, the computerized criminal
58	58	history system maintained by the Department of Public Safety of the
59	59	State of Texas;
60	60	(2) require each business that provides services to
61	61	the facility to conduct for each employee of the business who will
62	62	have access to the facility's premises or residents a criminal
63	63	history record check using, at a minimum, the computerized criminal
64	64	history system maintained by the Department of Public Safety of the
65	65	State of Texas; and
66	66	(3) report all instances of criminal activity that
67	67	occur at the facility to a law enforcement officer, including, if
68	68	applicable, information regarding the involvement of a facility
69	69	employee or contractor in the criminal activity.
70	70	(b) A senior living facility may not:
71	71	(1) prevent or inhibit a resident from or penalize a
72	72	resident for communicating with a law enforcement officer, social
73	73	worker, family member, or other interested person regarding the
74	74	safety and security of the facility; or
75	75	(2) prevent a law enforcement officer or court officer
76	76	from entering a common area of the facility to conduct a voluntary
77	77	interview with a resident as part of an investigation into criminal
78	78	activity at the facility.
79	79	Sec. 95.004. PROHIBITED AGREEMENT OR CONTRACT PROVISIONS.
80	80	A lease, rental, or purchase agreement for a residential unit in a
81	81	senior living facility or a senior living contract with a resident
82	82	may not include a provision that:
83	83	(1) waives liability in an action brought under
84	84	Section 95.005;
85	85	(2) requires arbitration of a dispute related to
86	86	liability under Section 95.005; or
87	87	(3) controls the content or execution of the
88	88	resident's advance directive or testamentary documents.
89	89	Sec. 95.005. CIVIL LIABILITY. (a) A senior living facility
90	90	is liable to a resident for actual damages incurred from:
91	91	(1) a violation of this chapter; or
92	92	(2) the facility's failure to implement a safety
93	93	policy or procedure.
94	94	(b) Chapter 74, Civil Practice and Remedies Code, does not
95	95	apply to an action brought under Subsection (a).
96	96	Sec. 95.006. CUMULATIVE REMEDIES. The remedies provided by
97	97	this chapter are not exclusive and are in addition to any other
98	98	remedy provided by law, including a remedy provided for a tenant
99	99	against a landlord under this title, as applicable.
100	100	SECTION 2. (a) Section 95.004, Property Code, as added by
101	101	this Act, applies only to an agreement or contract entered into or
102	102	renewed on or after the effective date of this Act.
103	103	(b) Section 95.005, Property Code, as added by this Act,
104	104	applies only to a cause of action that accrues on or after the
105	105	effective date of this Act.
106	106	SECTION 3. This Act takes effect September 1, 2023.