SB1310 - Relating to senior retirement communities.

      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.