Bill Text: TX SB1310 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to senior independent living communities; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-02-14 - Filed [SB1310 Detail]
Download: Texas-2025-SB1310-Introduced.html
| 89R3603 SCR-D | ||
| By: Cook, Alvarado | S.B. No. 1310 | |
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| 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. | ||
