Texas 2025 - 89th Regular

Texas Senate Bill SB1310 Compare Versions

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

Old	New	Differences
1	1	89R3603 SCR-D
2	2	By: Cook, Alvarado S.B. No. 1310
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to senior independent living communities; providing a
10	10	civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
13	13	amended by adding Chapter 786 to read as follows:
14	14	CHAPTER 786. SENIOR INDEPENDENT LIVING COMMUNITIES
15	15	Sec. 786.001. DEFINITIONS. In this chapter:
16	16	(1) "Chronic condition residential customer" means a
17	17	residential customer who has a person permanently residing in the
18	18	customer's home who has been diagnosed by a physician as having a
19	19	serious medical condition that requires an electric-powered
20	20	medical device or electric heating or cooling to prevent the
21	21	impairment of a major life function through a significant
22	22	deterioration or exacerbation of the person's medical condition.
23	23	(2) "Common amenity" means an amenity or service
24	24	offered or provided to residents of a multiunit residential
25	25	property, including:
26	26	(A) concierge services;
27	27	(B) a library;
28	28	(C) common dining services;
29	29	(D) housekeeping services; and
30	30	(E) full-time security.
31	31	(3) "Critical care residential customer" and
32	32	"customer" have the meanings assigned by Section 17.002, Utilities
33	33	Code.
34	34	(4) "Electric cooperative" and "municipally owned
35	35	utility" have the meanings assigned by Section 11.003, Utilities
36	36	Code.
37	37	(5) "Electric utility" has the meaning assigned by
38	38	Section 31.002, Utilities Code.
39	39	(6) "Resident" means an individual who resides in a
40	40	senior independent living community as a unit owner or tenant.
41	41	(7) "Senior independent living community" means a
42	42	residential community or a portion of a residential community that:
43	43	(A) is intended and operated for occupancy by at
44	44	least one individual 55 years of age or older for each unit;
45	45	(B) contains not fewer than 20 residential units
46	46	in one or more multiunit buildings that are available to occupy; and
47	47	(C) provides common amenities.
48	48	(8) "Senior independent living community contract"
49	49	means a contract with a resident of a senior independent living
50	50	community for providing a common amenity to a resident.
51	51	(9) "Unit" means a physical portion of a residential
52	52	property designated for separate ownership or occupancy.
53	53	Sec. 786.002. EXEMPTIONS. This chapter does not apply to:
54	54	(1) a health care institution as defined by Section
55	55	74.001, Civil Practice and Remedies Code;
56	56	(2) a boarding home facility as defined by Section
57	57	260.001 that holds a permit issued under Chapter 260;
58	58	(3) a supportive housing facility for elderly
59	59	individuals operated under Section 202, the National Housing Act
60	60	(12 U.S.C. Section 1701q);
61	61	(4) a center for independent living as defined by
62	62	Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
63	63	Section 796a); or
64	64	(5) any other facility that is regulated by the Health
65	65	and Human Services Commission or in accordance with rules adopted
66	66	by the Centers for Medicare and Medicaid Services.
67	67	Sec. 786.003. EMERGENCY RESPONSE PLAN. (a) A senior
68	68	independent living community shall prepare, maintain, and annually
69	69	update a written emergency response plan.
70	70	(b) The emergency response plan must:
71	71	(1) describe methods to be used to communicate with
72	72	residents during a disaster;
73	73	(2) provide for at least one employee to stay on site
74	74	during a disaster;
75	75	(3) provide for the provision of food, water, and
76	76	essential supplies to residents during a disaster;
77	77	(4) provide for the maintenance and replacement of
78	78	on-site emergency supplies, including medicine, medical supplies,
79	79	batteries, and chargers, and describe each location where the
80	80	supplies are kept;
81	81	(5) detail the means to be used to transport residents
82	82	during an evacuation;
83	83	(6) provide for biannual emergency planning meetings
84	84	for the residents to occur in the spring and fall; and
85	85	(7) include a compilation of disaster preparation
86	86	resources available to residents, including 2-1-1 services
87	87	provided by the Texas Information and Referral Network,
88	88	registration with the State of Texas Emergency Assistance Registry,
89	89	and registration with the electric utility, electric cooperative,
90	90	or municipally owned utility that serves the resident to receive a
91	91	designation as a critical care residential customer, chronic
92	92	condition residential customer, or any other designation the
93	93	utility or cooperative offers for the purpose of prioritizing the
94	94	restoration of service or providing notice to customers regarding
95	95	outages.
96	96	(c) A senior independent living community shall:
97	97	(1) annually file the emergency response plan with the
98	98	Health and Human Services Commission;
99	99	(2) send the emergency response plan to each resident;
100	100	(3) provide the emergency response plan to a
101	101	resident's family member on request; and
102	102	(4) post a written notice of the emergency response
103	103	plan in a conspicuous manner at a location on the community premises
104	104	where the community posts other community notices.
105	105	Sec. 786.004. AGREEMENT OR CONTRACT PROVISIONS. A lease,
106	106	rental, or purchase agreement for a residential unit in a senior
107	107	independent living community or a senior independent living
108	108	community contract with a resident:
109	109	(1) must include a copy of the emergency response plan
110	110	that the community has adopted as required by Section 786.003; and
111	111	(2) may not include a provision that controls the
112	112	content or execution of the resident's advance directive or
113	113	testamentary documents.
114	114	Sec. 786.005. HEALTH AND SAFETY INVESTIGATIONS AND RESIDENT
115	115	COMMUNICATIONS. A senior independent living community may not:
116	116	(1) prevent or inhibit a resident from or penalize a
117	117	resident for communicating with a law enforcement officer, social
118	118	worker, family member, or other interested person regarding the
119	119	health and safety of residents of the senior independent living
120	120	community; or
121	121	(2) prevent a law enforcement officer, court officer,
122	122	social worker, family member, or other interested person from
123	123	entering a common area of the senior independent living community
124	124	to conduct a voluntary interview with a resident as part of an
125	125	investigation into the health and safety of residents of the
126	126	community or regarding an incident at the community.
127	127	Sec. 786.006. CIVIL PENALTY. A senior independent living
128	128	community that violates this chapter is liable to the state for a
129	129	civil penalty of not more than $500 for each violation. Each day a
130	130	violation continues constitutes a separate violation. The attorney
131	131	general may bring an action to collect a civil penalty under this
132	132	section at the request of the Health and Human Services Commission.
133	133	SECTION 2. (a) A senior independent living community is not
134	134	required to comply with Section 786.003, Health and Safety Code, as
135	135	added by this Act, before January 1, 2026.
136	136	(b) Section 786.004, Health and Safety Code, as added by
137	137	this Act, applies only to an agreement or contract entered into or
138	138	renewed on or after the effective date of this Act.
139	139	SECTION 3. This Act takes effect September 1, 2025.