89R5058 SCR-D
By: Lalani H.B. No. 863
A BILL TO BE ENTITLED
AN ACT
relating to senior independent living communities; providing civil
and administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Senior Independent
Living Protection Act.
SECTION 2. Subchapter C, Chapter 418, Government Code, is
amended by adding Section 418.059 to read as follows:
Sec. 418.059. SENIOR INDEPENDENT LIVING COMMUNITY HEALTH
AND SAFETY PLAN DATABASE. (a) In this section:
(1) "Health and safety plan" means a health and safety
policy and plan prepared by a senior independent living community
under Section 786.003, Health and Safety Code.
(2) "Senior independent living community" has the
meaning assigned by Section 786.001, Health and Safety Code.
(b) The division shall:
(1) establish, maintain, and annually update a
statewide database of senior independent living communities that
includes the health and safety plan filed by each senior
independent living community under Section 786.003(c), Health and
Safety Code; and
(2) make the database accessible to state and local
emergency response and emergency management agencies for the
purpose of coordinating emergency response activities and
emergency management.
(c) The division may impose an administrative penalty on a
senior independent living community that fails to file a health and
safety plan as required by Section 786.003(c), Health and Safety
Code, or violates a rule adopted under this section.
(d) Information in the database is confidential and exempt
from disclosure under Chapter 552.
(e) The division shall prescribe and periodically update a
standard template for a senior independent living community to
prepare and submit a health and safety plan.
(f) The division shall adopt rules as necessary to implement
this section, including rules to:
(1) ensure the protection of sensitive information,
including personal data of residents of senior independent living
communities; and
(2) prescribe the form and manner in which a senior
independent living community may submit a health and safety plan to
the division under Section 786.003(c), Health and Safety Code.
SECTION 3. Subtitle B, Title 9, Health and Safety Code, is
amended by adding Chapter 786 to read as follows:
CHAPTER 786. SENIOR INDEPENDENT LIVING COMMUNITIES
Sec. 786.001. DEFINITIONS. In this chapter:
(1) "Common amenity" means an amenity or service
offered or provided to residents of a multiunit residential
property, including:
(A) concierge services;
(B) a library;
(C) common dining services;
(D) housekeeping services; and
(E) full-time security.
(2) "Resident" means an individual who resides in a
senior independent living community as a unit owner or tenant.
(3) "Senior independent living community" means a
residential community or a portion of a residential community that:
(A) is intended and operated for occupancy by at
least one individual 55 years of age or older for each unit;
(B) contains not fewer than 20 residential units
in one or more multiunit buildings that are available to occupy; and
(C) provides common amenities.
(4) "Senior independent living community contract"
means a contract with a resident of a senior independent living
community for providing a common amenity to a resident.
(5) "Unit" means a physical portion of a residential
property designated for separate ownership or occupancy.
Sec. 786.002. EXEMPTIONS. This chapter does not apply to:
(1) a health care institution as defined by Section
74.001, Civil Practice and Remedies Code;
(2) a boarding home facility as defined by Section
260.001 that holds a permit issued under Chapter 260;
(3) a supportive housing facility for elderly
individuals operated under Section 202, the National Housing Act
(12 U.S.C. Section 1701q);
(4) a center for independent living as defined by
Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
Section 796a); or
(5) any other facility that is regulated by the Health
and Human Services Commission or in accordance with rules adopted
by the Centers for Medicare and Medicaid Services.
Sec. 786.003. RESIDENT HEALTH AND SAFETY POLICY AND PLAN.
(a) A senior independent living community shall prepare, maintain,
and annually update a health and safety policy and plan.
(b) A health and safety policy and plan maintained under
this section must include information regarding:
(1) health and safety measures and protocols for
responding to an emergency, including a power outage or disaster as
defined by Section 418.004, Government Code;
(2) medical support services available to residents;
and
(3) the emergency power generation capability of the
community.
(c) A senior independent living community shall:
(1) annually file the health and safety policy and
plan with:
(A) the Texas Division of Emergency Management as
provided by Section 418.059, Government Code, and rules adopted
under that section; and
(B) each local government agency responsible for
providing emergency response services to the community;
(2) send the health and safety policy and plan to each
resident; and
(3) post a written notice of the health and safety
policy and plan in a conspicuous manner at a location on the
community premises where the community posts other community
notices.
Sec. 786.004. EMERGENCY GENERATOR OR OTHER POWER SOURCE. A
senior independent living community shall ensure that the community
is equipped with an operational emergency generator or comparable
emergency power source and a sufficient amount of fuel to operate
the generator or power source and maintain the air temperature at
not less than 68 degrees and not more than 81 degrees Fahrenheit for
a minimum of 72 hours during a power outage.
Sec. 786.005. AGREEMENT OR CONTRACT PROVISIONS. (a) In
this section:
(1) "Assisted living facility" has the meaning
assigned by Section 247.002.
(2) "Continuing care" has the meaning assigned by
Section 246.0025.
(3) "Nursing facility" has the meaning assigned by
Section 242.301.
(b) A lease, rental, or purchase agreement for a residential
unit in a senior independent living community or a senior
independent living community contract with a resident:
(1) must:
(A) disclose that the community is not an
assisted living facility, nursing facility, or a facility that
provides continuing care to an individual and is not regulated in
the same manner as those facilities; and
(B) explain in plain language the difference in
the regulation of and services offered by a senior independent
living community and the regulation of and services offered by a
facility described by Paragraph (A); and
(2) may not include a provision that controls the
content or execution of the resident's advance directive or
testamentary documents.
Sec. 786.006. HEALTH AND SAFETY INVESTIGATIONS AND RESIDENT
COMMUNICATIONS. A senior independent living community may not:
(1) prevent or inhibit a resident from or penalize a
resident for communicating with a law enforcement officer, social
worker, family member, or other interested person regarding the
health and safety of residents of the senior independent living
community; or
(2) prevent a law enforcement officer, court officer,
social worker, family member, or other interested person from
entering a common area of the senior independent living community
to conduct a voluntary interview with a resident as part of an
investigation into the health and safety of residents of the
community or regarding an incident at the community.
Sec. 786.007. CIVIL PENALTY. A senior independent living
community that violates this chapter is liable to the state for a
civil penalty of not more than $1,000 for each violation. Each day
a violation continues constitutes a separate violation. The
attorney general may bring an action to collect a civil penalty
under this section at the request of the Health and Human Services
Commission or the Texas Division of Emergency Management.
SECTION 4. Section 38.072, Utilities Code, is amended to
read as follows:
Sec. 38.072. PRIORITIES FOR POWER RESTORATION TO CERTAIN
[MEDICAL] FACILITIES AND COMMUNITIES. (a) In this section:
(1) "Assisted living facility" has the meaning
assigned by Section 247.002, Health and Safety Code.
(2) "End stage renal disease facility" has the meaning
assigned by Section 251.001, Health and Safety Code.
(3) "Extended power outage" has the meaning assigned
by Section 13.1395, Water Code.
(4) "Hospice services" has the meaning assigned by
Section 142.001, Health and Safety Code.
(5) "Nursing facility" has the meaning assigned by
Section 242.301, Health and Safety Code.
(6) "Senior independent living community" has the
meaning assigned by Section 786.001, Health and Safety Code.
(b) The commission by rule shall require an electric utility
to give to the following the same priority that it gives to a
hospital in the utility's emergency operations plan for restoring
power after an extended power outage:
(1) a nursing facility;
(2) an assisted living facility;
(3) an end stage renal disease facility; [and]
(4) a facility that provides hospice services; and
(5) a senior independent living community.
(c) The rules adopted by the commission under Subsection (b)
must allow an electric utility to exercise the electric utility's
discretion to prioritize power restoration for a facility or
community after an extended power outage in accordance with the
facility's or community's needs and with the characteristics of the
geographic area in which power must be restored.
(d) A municipally owned utility shall report the emergency
operations plan for restoring power to a facility or community
listed in Subsection (b) to the municipality's governing body or
the body vested with the power to manage and operate the municipally
owned utility.
(e) An electric cooperative shall report the emergency
operations plan for restoring power to a facility or community
listed in Subsection (b) to the board of directors of the electric
cooperative.
SECTION 5. (a) Not later than December 31, 2025, the Texas
Division of Emergency Management shall adopt rules for the
implementation of Section 418.059, Government Code, as added by
this Act.
(b) A senior independent living community is not required to
comply with Section 786.003, Health and Safety Code, as added by
this Act, before January 1, 2026.
(c) Section 786.005, Health and Safety Code, as added by
this Act, applies only to an agreement or contract entered into or
renewed on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2025.