Texas 2025 - 89th Regular

Texas House Bill HB3195 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R925 JG-F
2	2	By: Garcia Hernandez H.B. No. 3195
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of certain senior retirement
10	10	communities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 8, Property Code, is amended by adding
13	13	Chapter 95 to read as follows:
14	14	CHAPTER 95. SENIOR RETIREMENT COMMUNITIES
15	15	Sec. 95.001. DEFINITIONS. In this chapter:
16	16	(1) "Common amenity" means an amenity or service
17	17	offered or provided to residents of a multiunit residential
18	18	property, including:
19	19	(A) concierge services;
20	20	(B) a library;
21	21	(C) common dining services;
22	22	(D) housekeeping services; and
23	23	(E) full-time security.
24	24	(2) "Resident" means an individual who resides in a
25	25	senior retirement community as a unit owner or tenant.
26	26	(3) "Senior retirement community" means a residential
27	27	community or a portion of a residential community:
28	28	(A) with housing described by Section 301.043;
29	29	(B) that contains not fewer than 20 residential
30	30	units in one or more multiunit buildings that are available to rent
31	31	or lease; and
32	32	(C) that provides common amenities.
33	33	(4) "Senior retirement community contract" means a
34	34	contract with a resident of a senior retirement community for
35	35	providing a common amenity to the resident.
36	36	(5) "Unit" means a physical portion of a residential
37	37	property designated for separate ownership or occupancy.
38	38	Sec. 95.002. EXEMPTIONS. This chapter does not apply to:
39	39	(1) a health care institution, as defined by Section
40	40	74.001, Civil Practice and Remedies Code;
41	41	(2) a boarding home facility, as defined by Section
42	42	260.001, Health and Safety Code, that holds a permit issued under
43	43	Chapter 260, Health and Safety Code;
44	44	(3) a supportive housing facility for elderly
45	45	individuals operated under Section 202, National Housing Act (12
46	46	U.S.C. Section 1701q);
47	47	(4) a center for independent living, as defined by
48	48	Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
49	49	Section 796a); or
50	50	(5) any other facility that is regulated by the Health
51	51	and Human Services Commission or in accordance with rules adopted
52	52	by the Centers for Medicare and Medicaid Services.
53	53	Sec. 95.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM
54	54	CRIMINAL ACTIVITY. (a) A senior retirement community shall:
55	55	(1) conduct for each retirement community employee a
56	56	criminal history record check using the computerized criminal
57	57	history system maintained by the Department of Public Safety of the
58	58	State of Texas;
59	59	(2) disclose in the senior retirement community
60	60	contract whether the retirement community requires each business
61	61	that will provide services at the retirement community to conduct a
62	62	criminal history record check of each of the business's employees
63	63	who will provide services at the retirement community; and
64	64	(3) maintain a resident safety and communications
65	65	policy regarding criminal activity that poses a risk to residents,
66	66	which must require the retirement community to send to each
67	67	resident and post in a conspicuous manner at a location on the
68	68	retirement community premises where the retirement community posts
69	69	other community notices a written notice containing information on:
70	70	(A) known reports of potential criminal activity
71	71	made to law enforcement from or at the retirement community not
72	72	later than two business days after the date the report is made or
73	73	activity occurs; and
74	74	(B) known instances of trespassing at the
75	75	retirement community not later than two business days after the
76	76	trespassing is reported or occurs.
77	77	(b) For purposes of providing notice under the policy
78	78	adopted by a senior retirement community under Subsection (a)(3)
79	79	relating to a reportable incident described by that subdivision,
80	80	the retirement community:
81	81	(1) may provide for the removal of the personal
82	82	identifying information of an individual who is involved in the
83	83	reportable incident to prevent the individual's identification;
84	84	and
85	85	(2) may not refuse to provide the notice based solely
86	86	on concerns related to the disclosure of the individual's personal
87	87	identifying information.
88	88	(c) A senior retirement community may not be held civilly or
89	89	criminally liable for the retirement community's compliance with
90	90	Subsection (a)(1) or (3).
91	91	(d) A senior retirement community may not:
92	92	(1) prevent or inhibit a resident from or penalize a
93	93	resident for communicating with a law enforcement officer, social
94	94	worker, family member, or other interested person regarding the
95	95	safety and security of the retirement community; or
96	96	(2) prevent a law enforcement officer or court officer
97	97	from entering a common area of the retirement community to conduct a
98	98	voluntary interview with a resident as part of an investigation
99	99	into criminal activity at the retirement community.
100	100	Sec. 95.004. PROHIBITED AGREEMENT OR CONTRACT PROVISION. A
101	101	lease, rental, or purchase agreement for a residential unit in a
102	102	senior retirement community or a senior retirement community
103	103	contract with a resident may not include a provision that controls
104	104	the content or execution of the resident's advance directive or
105	105	testamentary documents.
106	106	SECTION 2. Section 95.004, Property Code, as added by this
107	107	Act, applies only to an agreement or contract entered into or
108	108	renewed on or after the effective date of this Act.
109	109	SECTION 3. This Act takes effect September 1, 2025.