Bill Text: TX HB3095 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the regulation of certain senior living facilities.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2021-04-20 - Left pending in committee [HB3095 Detail]
Download: Texas-2021-HB3095-Introduced.html
87R4946 JG-F | ||
By: Johnson of Dallas | H.B. No. 3095 |
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relating to the regulation of certain senior living facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 8, Property Code, is amended by adding | ||
Chapter 95 to read as follows: | ||
CHAPTER 95. SENIOR LIVING FACILITIES | ||
Sec. 95.001. DEFINITIONS. In this chapter: | ||
(1) "Common amenity" means an amenity or service | ||
offered or provided to residents of a multiunit residential | ||
property, including: | ||
(A) a fitness center; | ||
(B) concierge services; | ||
(C) a library; | ||
(D) common dining services; | ||
(E) housekeeping services; and | ||
(F) full-time security. | ||
(2) "Resident" means an individual who resides in a | ||
senior living facility as a unit owner or tenant. | ||
(3) "Senior living contract" means a contract with a | ||
resident of a senior living facility for providing a common amenity | ||
to the resident. | ||
(4) "Senior living facility" means a residential | ||
facility or a portion of a residential facility that: | ||
(A) is managed by a single entity; | ||
(B) generally requires a resident to be 55 years | ||
of age or older; | ||
(C) contains not fewer than 20 residential units | ||
in one or more multiunit buildings that are available to rent, | ||
lease, or own; | ||
(D) is located on a single lot or tract of land or | ||
on multiple contiguous lots or tracts of land; and | ||
(E) provides common amenities. | ||
(5) "Unit" means a physical portion of a residential | ||
property designated for separate ownership or occupancy. | ||
Sec. 95.002. 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, Health and Safety Code, that holds a permit issued under | ||
Chapter 260, Health and Safety Code; | ||
(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. 95.003. REQUIREMENTS RELATING TO RESIDENT SAFETY FROM | ||
CRIMINAL ACTIVITY. (a) A senior living facility shall: | ||
(1) conduct a criminal history record check for each | ||
facility employee and each person contracted by the facility to | ||
provide services at the facility and maintain the records of each | ||
criminal history record check conducted under this subdivision; and | ||
(2) report all instances of criminal activity at the | ||
facility to a law enforcement officer, including, if applicable, | ||
information regarding the involvement of a facility employee or | ||
contractor in the criminal activity. | ||
(b) A senior living facility 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 | ||
safety and security of the facility; or | ||
(2) prevent a law enforcement officer or court officer | ||
from entering a common area of the facility to conduct a voluntary | ||
interview with a resident as part of an investigation into criminal | ||
activity at the facility. | ||
Sec. 95.004. PROHIBITED AGREEMENT OR CONTRACT PROVISIONS. | ||
A lease, rental, or purchase agreement for a residential unit in a | ||
senior living facility or a senior living contract with a resident | ||
may not include a provision that: | ||
(1) requires arbitration or waives liability in an | ||
action brought under Section 95.005; or | ||
(2) controls the content or execution of the | ||
resident's advance directive or testamentary documents. | ||
Sec. 95.005. CIVIL LIABILITY. (a) A senior living facility | ||
is liable to a resident for actual damages incurred from: | ||
(1) a violation of this chapter; or | ||
(2) the facility's failure to implement a safety | ||
policy or procedure that the resident reasonably believed was | ||
adopted by the facility. | ||
(b) Chapter 74, Civil Practice and Remedies Code, does not | ||
apply to an action brought under Subsection (a). | ||
Sec. 95.006. CUMULATIVE REMEDIES. The remedies provided by | ||
this chapter are not exclusive and are in addition to any other | ||
remedy provided by law, including a remedy provided for a tenant | ||
against a landlord under this title, as applicable. | ||
SECTION 2. (a) Section 95.004, Property 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. | ||
(b) Section 95.005, Property Code, as added by this Act, | ||
applies only to a cause of action that accrues on or after the | ||
effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |