S.B. No. 1383 introduces regulations for referral agencies that assist consumers in finding senior living communities in Texas. The bill establishes a new Chapter 121 in the Business & Commerce Code, defining key terms such as "consumer," "referral agency," and "senior living community." It mandates that referral agencies provide consumers with a disclosure statement at the time of referral, detailing the agency's services, payment responsibilities, the consumer's right to discontinue use, and the potential limitations of the referral list. Additionally, the bill outlines prohibited conduct for referral agencies, such as referring consumers to communities in which they have a financial interest and collecting fees under certain conditions.
The legislation also imposes specific duties on referral agencies, including conducting background checks on employees, maintaining liability insurance, and ensuring that referred senior living communities are properly licensed. It allows for compensation agreements between referral agencies and senior living communities while ensuring compliance with federal laws. Furthermore, the bill clarifies that it does not affect existing laws regulating senior living communities or alter any legal defenses or privileges. An amendment to the Occupations Code exempts referral agencies from certain provisions, further defining their operational scope. The act is set to take effect immediately upon receiving a two-thirds vote or on September 1, 2025, if not.
Statutes affected: Introduced: Occupations Code 102.005 (Occupations Code 102)
Senate Committee Report: Occupations Code 102.005 (Occupations Code 102)
Engrossed: Occupations Code 102.005 (Occupations Code 102)
House Committee Report: Occupations Code 102.005 (Occupations Code 102)
Enrolled: Occupations Code 102.005 (Occupations Code 102)