Texas 2025 - 89th Regular

Texas House Bill HB5456 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Little H.B. No. 5456
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to resident safety from criminal activity in senior
7	9		retirement communities.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
10	12		amended by adding Chapter 786 to read as follows:
11	13		CHAPTER 786. SENIOR RETIREMENT COMMUNITIES
12	14		Sec. 786.001. DEFINITIONS. In this chapter:
13	15		(1) "Common amenity" means an amenity or service
14	16		offered or provided to residents of a multiunit residential
15	17		property, including:
16	18		(A) concierge services;
17	19		(B) a library;
18	20		(C) common dining services;
19	21		(D) housekeeping services; and
20	22		(E) full-time security.
21	23		(2) "Resident" means an individual who resides in a
22	24		senior retirement community as a unit owner or tenant.
23	25		(3) "Senior retirement community" means a residential
24	26		community or a portion of a residential community:
25	27		(A) described by Section 301.043, Property Code;
26	28		(B) that contains not fewer than 20 residential
27	29		units in one or more multiunit buildings that are available to rent
28	30		or lease; and
29	31		(C) that provides common amenities.
30	32		(4) "Senior retirement community contract" means a
31	33		contract with a resident of a senior retirement community for
32	34		providing a common amenity to the resident.
33	35		(5) "Unit" means a physical portion of a residential
34	36		property designated for separate ownership or occupancy.
35	37		Sec. 786.002. EXEMPTIONS. This chapter does not apply to:
36	38		(1) a health care institution as defined by Section
37	39		74.001, Civil Practice and Remedies Code;
38	40		(2) a boarding home facility as defined by Section
39	41		260.001 that holds a permit issued under Chapter 260;
40	42		(3) a supportive housing facility for elderly
41	43		individuals operated under Section 202, the National Housing Act
42	44		(12 U.S.C. Section 1701q);
43	45		(4) a center for independent living as defined by
44	46		Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
45	47		Section 796a); or
46	48		(5) any other facility that is regulated by the Health
47	49		and Human Services Commission or in accordance with rules adopted
48	50		by the Centers for Medicare and Medicaid Services.
49	51		Sec. 786.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM
50	52		CRIMINAL ACTIVITY. (a) A senior retirement community shall:
51	53		(1) conduct for each retirement community employee a
52	54		criminal history record check using the computerized criminal
53	55		history system maintained by the Department of Public Safety of the
54	56		State of Texas;
55	57		(2) disclose in the senior retirement community
56	58		contract whether the retirement community requires each business
57	59		that will provide services at the retirement community to conduct a
58	60		criminal history record check of each of the business's employees
59	61		who will provide services at the retirement community; and
60	62		(3) maintain a resident safety and communications
61	63		policy regarding criminal activity that poses a risk to residents,
62	64		which must require the retirement community to send to each
63	65		resident and post in a conspicuous manner at a location on the
64	66		retirement community premises where the retirement community posts
65	67		other community notices a written notice containing information on:
66	68		(A) known reports of potential criminal activity
67	69		made to law enforcement from or at the retirement community not
68	70		later than two business days after the date the report is made or
69	71		activity occurs; and
70	72		(B) known instances of trespassing at the
71	73		retirement community not later than two business days after the
72	74		trespassing is reported or occurs.
73	75		(b) For purposes of providing notice under the policy
74	76		adopted by a senior retirement community under Subsection (a)(3)
75	77		relating to a reportable incident described by that subdivision,
76	78		the retirement community:
77	79		(1) may provide for the removal of the personal
78	80		identifying information of an individual who is involved in the
79	81		reportable incident to prevent the individual's identification;
80	82		and
81	83		(2) may not refuse to provide the notice based solely
82	84		on concerns related to the disclosure of the individual's personal
83	85		identifying information.
84	86		(c) A senior retirement community may not be held civilly or
85	87		criminally liable for the retirement community's compliance with
86	88		Subsection (a)(1) or (3).
87	89		(d) A senior retirement community may not:
88	90		(1) prevent or inhibit a resident from or penalize a
89	91		resident for communicating with a law enforcement officer, social
90	92		worker, family member, or other interested person regarding the
91	93		safety and security of the retirement community; or
92	94		(2) prevent a law enforcement officer or court officer
93	95		from entering a common area of the retirement community to conduct a
94	96		voluntary interview with a resident as part of an investigation
95	97		into criminal activity at the retirement community.
96	98		SECTION 2. This Act takes effect September 1, 2025.