HB863 - Relating to senior independent living communities; providing civil and administrative penalties.

  89R5058 SCR-D     By: Lalani H.B. No. 863       A BILL TO BE ENTITLED   AN ACT   relating to senior independent living communities; providing civil   and administrative penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Senior Independent   Living Protection Act.          SECTION 2.  Subchapter C, Chapter 418, Government Code, is   amended by adding Section 418.059 to read as follows:           Sec.   418.059.     SENIOR INDEPENDENT LIVING COMMUNITY HEALTH   AND SAFETY PLAN DATABASE. (a)   In this section:                 (1)     "Health and safety plan" means a health and safety   policy and plan prepared by a senior independent living community   under Section 786.003, Health and Safety Code.                 (2)     "Senior independent living community" has the   meaning assigned by Section 786.001, Health and Safety Code.           (b)  The division shall:                 (1)     establish, maintain, and annually update a   statewide database of senior independent living communities that   includes the health and safety plan filed by each senior   independent living community under Section 786.003(c), Health and   Safety Code; and                 (2)     make the database accessible to state and local   emergency response and emergency management agencies for the   purpose of coordinating emergency response activities and   emergency management.           (c)     The division may impose an administrative penalty on a   senior independent living community that fails to file a health and   safety plan as required by Section 786.003(c), Health and Safety   Code, or violates a rule adopted under this section.           (d)     Information in the database is confidential and exempt   from disclosure under Chapter 552.           (e)     The division shall prescribe and periodically update a   standard template for a senior independent living community to   prepare and submit a health and safety plan.           (f)     The division shall adopt rules as necessary to implement   this section, including rules to:                 (1)     ensure the protection of sensitive information,   including personal data of residents of senior independent living   communities; and                 (2)     prescribe the form and manner in which a senior   independent living community may submit a health and safety plan to   the division under Section 786.003(c), Health and Safety Code.          SECTION 3.  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)     "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.                 (2)     "Resident" means an individual who resides in a   senior independent living community as a unit owner or tenant.                 (3)     "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.                 (4)     "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.                 (5)     "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.     RESIDENT HEALTH AND SAFETY POLICY AND PLAN.   (a) A senior independent living community shall prepare, maintain,   and annually update a health and safety policy and plan.           (b)     A health and safety policy and plan maintained under   this section must include information regarding:                 (1)     health and safety measures and protocols for   responding to an emergency, including a power outage or disaster as   defined by Section 418.004, Government Code;                 (2)     medical support services available to residents;   and                 (3)     the emergency power generation capability of the   community.           (c)  A senior independent living community shall:                 (1)     annually file the health and safety policy and   plan with:                       (A)     the Texas Division of Emergency Management as   provided by Section 418.059, Government Code, and rules adopted   under that section; and                       (B)     each local government agency responsible for   providing emergency response services to the community;                 (2)     send the health and safety policy and plan to each   resident; and                 (3)     post a written notice of the health and safety   policy and plan in a conspicuous manner at a location on the   community premises where the community posts other community   notices.           Sec.   786.004.     EMERGENCY GENERATOR OR OTHER POWER SOURCE. A   senior independent living community shall ensure that the community   is equipped with an operational emergency generator or comparable   emergency power source and a sufficient amount of fuel to operate   the generator or power source and maintain the air temperature at   not less than 68 degrees and not more than 81 degrees Fahrenheit for   a minimum of 72 hours during a power outage.           Sec.   786.005.     AGREEMENT OR CONTRACT PROVISIONS. (a)   In   this section:                 (1)     "Assisted living facility" has the meaning   assigned by Section 247.002.                 (2)     "Continuing care" has the meaning assigned by   Section 246.0025.                 (3)     "Nursing facility" has the meaning assigned by   Section 242.301.           (b)     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:                       (A)     disclose that the community is not an   assisted living facility, nursing facility, or a facility that   provides continuing care to an individual and is not regulated in   the same manner as those facilities; and                         (B)     explain in plain language the difference in   the regulation of and services offered by a senior independent   living community and the regulation of and services offered by a   facility described by Paragraph (A); and                   (2)     may not include a provision that controls the   content or execution of the resident's advance directive or   testamentary documents.           Sec.   786.006.     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.   786.007.     CIVIL PENALTY. A senior independent living   community that violates this chapter is liable to the state for a   civil penalty of not more than $1,000 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 or the Texas Division of Emergency Management.          SECTION 4.  Section 38.072, Utilities Code, is amended to   read as follows:          Sec. 38.072.  PRIORITIES FOR POWER RESTORATION TO CERTAIN   [ MEDICAL ] FACILITIES AND COMMUNITIES . (a) In this section:                (1)  "Assisted living fac [Text truncated for display. Full text available on Congress.gov.]