HB5456 - Relating to resident safety from criminal activity in senior retirement communities.

      By: Little H.B. No. 5456       A BILL TO BE ENTITLED   AN ACT   relating to resident safety from criminal activity in 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)     "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 retirement community as a unit owner or tenant.                 (3)  "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 rent   or lease; and                       (C)  that provides common amenities.                 (4)     "Senior retirement community contract" means a   contract with a resident of a senior retirement community for   providing a common amenity to the 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.     REQUIREMENTS RELATING TO RESIDENT SAFETY FROM   CRIMINAL ACTIVITY. (a) A senior retirement community shall:                 (1)     conduct for each retirement community employee a   criminal history record check using the computerized criminal   history system maintained by the Department of Public Safety of the   State of Texas;                 (2)     disclose in the senior retirement community   contract whether the retirement community requires each business   that will provide services at the retirement community to conduct a   criminal history record check of each of the business's employees   who will provide services at the retirement community; and                 (3)     maintain a resident safety and communications   policy regarding criminal activity that poses a risk to residents,   which must require the retirement community to send to each   resident and post in a conspicuous manner at a location on the   retirement community premises where the retirement community posts   other community notices a written notice containing information on:                       (A)     known reports of potential criminal activity   made to law enforcement from or at the retirement community not   later than two business days after the date the report is made or   activity occurs; and                       (B)     known instances of trespassing at the   retirement community not later than two business days after the   trespassing is reported or occurs.           (b)     For purposes of providing notice under the policy   adopted by a senior retirement community under Subsection (a)(3)   relating to a reportable incident described by that subdivision,   the retirement community:                 (1)     may provide for the removal of the personal   identifying information of an individual who is involved in the   reportable incident to prevent the individual's identification;   and                 (2)     may not refuse to provide the notice based solely   on concerns related to the disclosure of the individual's personal   identifying information.           (c)     A senior retirement community may not be held civilly or   criminally liable for the retirement community's compliance with   Subsection (a)(1) or (3).           (d)  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   safety and security of the retirement community; or                 (2)     prevent a law enforcement officer or court officer   from entering a common area of the retirement community to conduct a   voluntary interview with a resident as part of an investigation   into criminal activity at the retirement community.          SECTION 2.  This Act takes effect September 1, 2025.