Texas 2025 - 89th Regular

Texas Senate Bill SB1283 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Parker, et al. S.B. No. 1283
	1	+	By: Parker, Hagenbuch S.B. No. 1283
	2	+	(In the Senate - Filed February 14, 2025;
	3	+	February 28, 2025, read first time and referred to Committee on
	4	+	Health & Human Services; April 22, 2025, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 9, Nays
	6	+	0; April 22, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1283 By: Hancock
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6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to resident safety from criminal activity in senior
9	16		retirement communities.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
12	19		amended by adding Chapter 786 to read as follows:
13	20		CHAPTER 786. SENIOR RETIREMENT COMMUNITIES
14	21		Sec. 786.001. DEFINITIONS. In this chapter:
15	22		(1) "Common amenity" means an amenity or service
16	23		offered or provided to residents of a multiunit residential
17	24		property.
18	25		(2) "Resident" means an individual who resides in a
19	26		senior retirement community as a unit owner or tenant.
20	27		(3) "Senior retirement community" means a residential
21	28		community or a portion of a residential community:
22	29		(A) described by Section 301.043, Property Code;
23	30		(B) that contains not fewer than 20 residential
24	31		units in one or more multiunit buildings that are available to own,
25	32		rent, or lease; and
26	33		(C) that provides common amenities.
27	34		(4) "Senior retirement community contract" means a
28	35		contract with a resident of a senior retirement community for
29	36		providing a common amenity to the resident.
30	37		(5) "Unit" means a physical portion of a residential
31	38		property designated for separate ownership or occupancy.
32	39		Sec. 786.002. EXEMPTIONS. This chapter does not apply to:
33	40		(1) a health care institution as defined by Section
34	41		74.001, Civil Practice and Remedies Code;
35	42		(2) a boarding home facility as defined by Section
36	43		260.001 that holds a permit issued under Chapter 260;
37	44		(3) a supportive housing facility for elderly
38	45		individuals operated under Section 202, the National Housing Act
39	46		(12 U.S.C. Section 1701q);
40	47		(4) a center for independent living as defined by
41	48		Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
42	49		Section 796a); or
43	50		(5) any other facility that is regulated by the Health
44	51		and Human Services Commission or in accordance with rules adopted
45	52		by the Centers for Medicare and Medicaid Services.
46	53		Sec. 786.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM
47	54		CRIMINAL ACTIVITY. (a) A senior retirement community shall:
48	55		(1) conduct for each retirement community employee a
49	56		criminal history record check using the computerized criminal
50	57		history system maintained by the Department of Public Safety of the
51	58		State of Texas;
52	59		(2) disclose in the senior retirement community
53	60		contract whether the retirement community requires each business
54	61		hired by the retirement community to provide services at the
55	62		retirement community to conduct a criminal history record check of
56	63		each of the business's employees who will provide services at the
57	64		retirement community; and
58	65		(3) maintain a resident safety and communications
59	66		policy regarding criminal activity that poses a risk to residents,
60	67		which must require the retirement community to send to each
61	68		resident and post in a conspicuous manner at a location on the
62	69		retirement community premises where the retirement community posts
63	70		other community notices a written notice containing information on:
64	71		(A) known reports of potential criminal activity
65	72		made to law enforcement from or at the retirement community not
66	73		later than two business days after the date the report is made; and
67	74		(B) known instances of criminal trespassing at
68	75		the retirement community not later than two business days after the
69	76		trespassing is reported or occurs.
70	77		(b) For purposes of providing notice under the policy
71	78		adopted by a senior retirement community under Subsection (a)(3)
72	79		relating to a reportable incident described by that subdivision,
73	80		the retirement community:
74	81		(1) may provide for the removal of the personal
75	82		identifying information of an individual who is involved in the
76	83		reportable incident to prevent the individual's identification;
77	84		and
78	85		(2) may not refuse to provide the notice based solely
79	86		on concerns related to the disclosure of the individual's personal
80	87		identifying information.
81	88		(c) A senior retirement community may not be held civilly or
82	89		criminally liable for the retirement community's compliance with
83	90		Subsection (a)(1) or (3).
84	91		(d) A senior retirement community may not:
85	92		(1) prevent or inhibit a resident from or penalize a
86	93		resident for communicating with a law enforcement officer, social
87	94		worker, family member, or other interested person regarding the
88	95		safety and security of the retirement community; or
89	96		(2) prevent a law enforcement officer or court officer
90	97		from entering a common area of the retirement community to conduct a
91	98		voluntary interview with a resident as part of an investigation
92	99		into criminal activity at the retirement community.
93	100		SECTION 2. This Act takes effect September 1, 2025.
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