89R13351 LRM-D
By: Turner H.B. No. 3865
A BILL TO BE ENTITLED
AN ACT
relating to advertising by residential facilities; authorizing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 767A to read as follows:
CHAPTER 767A. RESIDENTIAL FACILITIES
Sec. 767A.001. DEFINITION. In this chapter, "residential
facility" means a group home or other residential facility licensed
by or operated under the authority of the Health and Human Services
Commission, including a group home or facility licensed or operated
under a Medicaid waiver program authorized under Section 1915(c) of
the Social Security Act (42 U.S.C. Section 1396n(c)), and that
provides community-based residential care services.
Sec. 767A.002. RESIDENTIAL FACILITY ADVERTISEMENT
REGULATIONS. (a) A residential facility shall disclose in any
advertisement for the facility whether the residential facility
offers any health care services and, if so, accurately identify the
health care services the facility provides.
(b) A residential facility that violates Subsection (a) is
liable for a civil penalty of not more than $10,000 for each
violation.
(c) The attorney general may bring suit to recover the civil
penalty authorized by Subsection (b).
SECTION 2. This Act takes effect September 1, 2025.