Relating to senior retirement communities.

89(R) SB 1310 - Engrossed version - Bill Text

By: Cook, Alvarado

S.B. No. 1310

Hall

A BILL TO BE ENTITLED

AN ACT

relating to senior retirement communities.

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 RETIREMENT 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 retirement community as a unit owner or tenant.

(7)

"Senior retirement community" means a residential

community or a portion of a residential community:

(A) described by Section 301.043, Property Code;

(B)

that contains not fewer than 20 residential

units in one or more multiunit buildings that are available to own,

rent, or lease; and

(C) that provides common amenities.

(8)

"Senior retirement community contract" means a

contract with a resident of a senior retirement 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

retirement 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 unless the disaster results in an evacuation of

the senior retirement community;

(3)

provide for the provision of food, water, and

essential supplies to residents during a disaster by the senior

retirement community or a contracted entity;

(4)

detail the options for the transport of residents

during an evacuation;

(5)

provide for emergency planning meetings for the

residents to occur at least twice each year; and

(6)

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 retirement community shall:

(1)

provide the emergency response plan to each

resident;

(2)

provide the emergency response plan to a

resident's family member on request; and

(3)

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

retirement community or a senior retirement 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 retirement 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 retirement community;

or

(2)

prevent a law enforcement officer, court officer,

social worker, family member, or other invited person from entering

a common area of the senior retirement 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.

SECTION 2. (a) A senior retirement 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.