Texas 2025 - 89th Regular

Texas House Bill HB863 Compare Versions

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

Old	New	Differences
1	1	89R5058 SCR-D
2	2	By: Lalani H.B. No. 863
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to senior independent living communities; providing civil
10	10	and administrative penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Senior Independent
13	13	Living Protection Act.
14	14	SECTION 2. Subchapter C, Chapter 418, Government Code, is
15	15	amended by adding Section 418.059 to read as follows:
16	16	Sec. 418.059. SENIOR INDEPENDENT LIVING COMMUNITY HEALTH
17	17	AND SAFETY PLAN DATABASE. (a) In this section:
18	18	(1) "Health and safety plan" means a health and safety
19	19	policy and plan prepared by a senior independent living community
20	20	under Section 786.003, Health and Safety Code.
21	21	(2) "Senior independent living community" has the
22	22	meaning assigned by Section 786.001, Health and Safety Code.
23	23	(b) The division shall:
24	24	(1) establish, maintain, and annually update a
25	25	statewide database of senior independent living communities that
26	26	includes the health and safety plan filed by each senior
27	27	independent living community under Section 786.003(c), Health and
28	28	Safety Code; and
29	29	(2) make the database accessible to state and local
30	30	emergency response and emergency management agencies for the
31	31	purpose of coordinating emergency response activities and
32	32	emergency management.
33	33	(c) The division may impose an administrative penalty on a
34	34	senior independent living community that fails to file a health and
35	35	safety plan as required by Section 786.003(c), Health and Safety
36	36	Code, or violates a rule adopted under this section.
37	37	(d) Information in the database is confidential and exempt
38	38	from disclosure under Chapter 552.
39	39	(e) The division shall prescribe and periodically update a
40	40	standard template for a senior independent living community to
41	41	prepare and submit a health and safety plan.
42	42	(f) The division shall adopt rules as necessary to implement
43	43	this section, including rules to:
44	44	(1) ensure the protection of sensitive information,
45	45	including personal data of residents of senior independent living
46	46	communities; and
47	47	(2) prescribe the form and manner in which a senior
48	48	independent living community may submit a health and safety plan to
49	49	the division under Section 786.003(c), Health and Safety Code.
50	50	SECTION 3. Subtitle B, Title 9, Health and Safety Code, is
51	51	amended by adding Chapter 786 to read as follows:
52	52	CHAPTER 786. SENIOR INDEPENDENT LIVING COMMUNITIES
53	53	Sec. 786.001. DEFINITIONS. In this chapter:
54	54	(1) "Common amenity" means an amenity or service
55	55	offered or provided to residents of a multiunit residential
56	56	property, including:
57	57	(A) concierge services;
58	58	(B) a library;
59	59	(C) common dining services;
60	60	(D) housekeeping services; and
61	61	(E) full-time security.
62	62	(2) "Resident" means an individual who resides in a
63	63	senior independent living community as a unit owner or tenant.
64	64	(3) "Senior independent living community" means a
65	65	residential community or a portion of a residential community that:
66	66	(A) is intended and operated for occupancy by at
67	67	least one individual 55 years of age or older for each unit;
68	68	(B) contains not fewer than 20 residential units
69	69	in one or more multiunit buildings that are available to occupy; and
70	70	(C) provides common amenities.
71	71	(4) "Senior independent living community contract"
72	72	means a contract with a resident of a senior independent living
73	73	community for providing a common amenity to a resident.
74	74	(5) "Unit" means a physical portion of a residential
75	75	property designated for separate ownership or occupancy.
76	76	Sec. 786.002. EXEMPTIONS. This chapter does not apply to:
77	77	(1) a health care institution as defined by Section
78	78	74.001, Civil Practice and Remedies Code;
79	79	(2) a boarding home facility as defined by Section
80	80	260.001 that holds a permit issued under Chapter 260;
81	81	(3) a supportive housing facility for elderly
82	82	individuals operated under Section 202, the National Housing Act
83	83	(12 U.S.C. Section 1701q);
84	84	(4) a center for independent living as defined by
85	85	Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
86	86	Section 796a); or
87	87	(5) any other facility that is regulated by the Health
88	88	and Human Services Commission or in accordance with rules adopted
89	89	by the Centers for Medicare and Medicaid Services.
90	90	Sec. 786.003. RESIDENT HEALTH AND SAFETY POLICY AND PLAN.
91	91	(a) A senior independent living community shall prepare, maintain,
92	92	and annually update a health and safety policy and plan.
93	93	(b) A health and safety policy and plan maintained under
94	94	this section must include information regarding:
95	95	(1) health and safety measures and protocols for
96	96	responding to an emergency, including a power outage or disaster as
97	97	defined by Section 418.004, Government Code;
98	98	(2) medical support services available to residents;
99	99	and
100	100	(3) the emergency power generation capability of the
101	101	community.
102	102	(c) A senior independent living community shall:
103	103	(1) annually file the health and safety policy and
104	104	plan with:
105	105	(A) the Texas Division of Emergency Management as
106	106	provided by Section 418.059, Government Code, and rules adopted
107	107	under that section; and
108	108	(B) each local government agency responsible for
109	109	providing emergency response services to the community;
110	110	(2) send the health and safety policy and plan to each
111	111	resident; and
112	112	(3) post a written notice of the health and safety
113	113	policy and plan in a conspicuous manner at a location on the
114	114	community premises where the community posts other community
115	115	notices.
116	116	Sec. 786.004. EMERGENCY GENERATOR OR OTHER POWER SOURCE. A
117	117	senior independent living community shall ensure that the community
118	118	is equipped with an operational emergency generator or comparable
119	119	emergency power source and a sufficient amount of fuel to operate
120	120	the generator or power source and maintain the air temperature at
121	121	not less than 68 degrees and not more than 81 degrees Fahrenheit for
122	122	a minimum of 72 hours during a power outage.
123	123	Sec. 786.005. AGREEMENT OR CONTRACT PROVISIONS. (a) In
124	124	this section:
125	125	(1) "Assisted living facility" has the meaning
126	126	assigned by Section 247.002.
127	127	(2) "Continuing care" has the meaning assigned by
128	128	Section 246.0025.
129	129	(3) "Nursing facility" has the meaning assigned by
130	130	Section 242.301.
131	131	(b) A lease, rental, or purchase agreement for a residential
132	132	unit in a senior independent living community or a senior
133	133	independent living community contract with a resident:
134	134	(1) must:
135	135	(A) disclose that the community is not an
136	136	assisted living facility, nursing facility, or a facility that
137	137	provides continuing care to an individual and is not regulated in
138	138	the same manner as those facilities; and
139	139	(B) explain in plain language the difference in
140	140	the regulation of and services offered by a senior independent
141	141	living community and the regulation of and services offered by a
142	142	facility described by Paragraph (A); and
143	143	(2) may not include a provision that controls the
144	144	content or execution of the resident's advance directive or
145	145	testamentary documents.
146	146	Sec. 786.006. HEALTH AND SAFETY INVESTIGATIONS AND RESIDENT
147	147	COMMUNICATIONS. A senior independent living community may not:
148	148	(1) prevent or inhibit a resident from or penalize a
149	149	resident for communicating with a law enforcement officer, social
150	150	worker, family member, or other interested person regarding the
151	151	health and safety of residents of the senior independent living
152	152	community; or
153	153	(2) prevent a law enforcement officer, court officer,
154	154	social worker, family member, or other interested person from
155	155	entering a common area of the senior independent living community
156	156	to conduct a voluntary interview with a resident as part of an
157	157	investigation into the health and safety of residents of the
158	158	community or regarding an incident at the community.
159	159	Sec. 786.007. CIVIL PENALTY. A senior independent living
160	160	community that violates this chapter is liable to the state for a
161	161	civil penalty of not more than $1,000 for each violation. Each day
162	162	a violation continues constitutes a separate violation. The
163	163	attorney general may bring an action to collect a civil penalty
164	164	under this section at the request of the Health and Human Services
165	165	Commission or the Texas Division of Emergency Management.
166	166	SECTION 4. Section 38.072, Utilities Code, is amended to
167	167	read as follows:
168	168	Sec. 38.072. PRIORITIES FOR POWER RESTORATION TO CERTAIN
169	169	[MEDICAL] FACILITIES AND COMMUNITIES. (a) In this section:
170	170	(1) "Assisted living facility" has the meaning
171	171	assigned by Section 247.002, Health and Safety Code.
172	172	(2) "End stage renal disease facility" has the meaning
173	173	assigned by Section 251.001, Health and Safety Code.
174	174	(3) "Extended power outage" has the meaning assigned
175	175	by Section 13.1395, Water Code.
176	176	(4) "Hospice services" has the meaning assigned by
177	177	Section 142.001, Health and Safety Code.
178	178	(5) "Nursing facility" has the meaning assigned by
179	179	Section 242.301, Health and Safety Code.
180	180	(6) "Senior independent living community" has the
181	181	meaning assigned by Section 786.001, Health and Safety Code.
182	182	(b) The commission by rule shall require an electric utility
183	183	to give to the following the same priority that it gives to a
184	184	hospital in the utility's emergency operations plan for restoring
185	185	power after an extended power outage:
186	186	(1) a nursing facility;
187	187	(2) an assisted living facility;
188	188	(3) an end stage renal disease facility; [and]
189	189	(4) a facility that provides hospice services; and
190	190	(5) a senior independent living community.
191	191	(c) The rules adopted by the commission under Subsection (b)
192	192	must allow an electric utility to exercise the electric utility's
193	193	discretion to prioritize power restoration for a facility or
194	194	community after an extended power outage in accordance with the
195	195	facility's or community's needs and with the characteristics of the
196	196	geographic area in which power must be restored.
197	197	(d) A municipally owned utility shall report the emergency
198	198	operations plan for restoring power to a facility or community
199	199	listed in Subsection (b) to the municipality's governing body or
200	200	the body vested with the power to manage and operate the municipally
201	201	owned utility.
202	202	(e) An electric cooperative shall report the emergency
203	203	operations plan for restoring power to a facility or community
204	204	listed in Subsection (b) to the board of directors of the electric
205	205	cooperative.
206	206	SECTION 5. (a) Not later than December 31, 2025, the Texas
207	207	Division of Emergency Management shall adopt rules for the
208	208	implementation of Section 418.059, Government Code, as added by
209	209	this Act.
210	210	(b) A senior independent living community is not required to
211	211	comply with Section 786.003, Health and Safety Code, as added by
212	212	this Act, before January 1, 2026.
213	213	(c) Section 786.005, Health and Safety Code, as added by
214	214	this Act, applies only to an agreement or contract entered into or
215	215	renewed on or after the effective date of this Act.
216	216	SECTION 6. This Act takes effect September 1, 2025.