89R3603 SCR-D
By: Cook, Alvarado S.B. No. 1310
A BILL TO BE ENTITLED
AN ACT
relating to senior independent living communities; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) "Chronic condition residential customer" means a
residential customer who has a person permanently residing in the
customer's home who has been diagnosed by a physician as having a
serious medical condition that requires an electric-powered
medical device or electric heating or cooling to prevent the
impairment of a major life function through a significant
deterioration or exacerbation of the person's medical condition.
(2) "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.
(3) "Critical care residential customer" and
"customer" have the meanings assigned by Section 17.002, Utilities
Code.
(4) "Electric cooperative" and "municipally owned
utility" have the meanings assigned by Section 11.003, Utilities
Code.
(5) "Electric utility" has the meaning assigned by
Section 31.002, Utilities Code.
(6) "Resident" means an individual who resides in a
senior independent living community as a unit owner or tenant.
(7) "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.
(8) "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.
(9) "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. EMERGENCY RESPONSE PLAN. (a) A senior
independent living community shall prepare, maintain, and annually
update a written emergency response plan.
(b) The emergency response plan must:
(1) describe methods to be used to communicate with
residents during a disaster;
(2) provide for at least one employee to stay on site
during a disaster;
(3) provide for the provision of food, water, and
essential supplies to residents during a disaster;
(4) provide for the maintenance and replacement of
on-site emergency supplies, including medicine, medical supplies,
batteries, and chargers, and describe each location where the
supplies are kept;
(5) detail the means to be used to transport residents
during an evacuation;
(6) provide for biannual emergency planning meetings
for the residents to occur in the spring and fall; and
(7) include a compilation of disaster preparation
resources available to residents, including 2-1-1 services
provided by the Texas Information and Referral Network,
registration with the State of Texas Emergency Assistance Registry,
and registration with the electric utility, electric cooperative,
or municipally owned utility that serves the resident to receive a
designation as a critical care residential customer, chronic
condition residential customer, or any other designation the
utility or cooperative offers for the purpose of prioritizing the
restoration of service or providing notice to customers regarding
outages.
(c) A senior independent living community shall:
(1) annually file the emergency response plan with the
Health and Human Services Commission;
(2) send the emergency response plan to each resident;
(3) provide the emergency response plan to a
resident's family member on request; and
(4) post a written notice of the emergency response
plan in a conspicuous manner at a location on the community premises
where the community posts other community notices.
Sec. 786.004. AGREEMENT OR CONTRACT PROVISIONS. 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 include a copy of the emergency response plan
that the community has adopted as required by Section 786.003; and
(2) may not include a provision that controls the
content or execution of the resident's advance directive or
testamentary documents.
Sec. 786.005. 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. 786.006. CIVIL PENALTY. A senior independent living
community that violates this chapter is liable to the state for a
civil penalty of not more than $500 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.
SECTION 2. (a) 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.
(b) Section 786.004, 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 3. This Act takes effect September 1, 2025.