Overall Vote Recommendation

Vote Yes; Amend

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 1283 proposes the addition of Chapter 786 to Subtitle B, Title 9 of the Texas Health and Safety Code, establishing new statewide standards for resident safety in senior retirement communities. The bill is designed to address rising concerns about criminal activity in such facilities and mandates new practices for improving transparency, communication, and risk prevention related to crime.

The bill defines a “senior retirement community” as a residential community, as described under Section 301.043 of the Texas Property Code, with at least 20 residential units in one or more multiunit buildings and that offers shared amenities. Facilities regulated as healthcare institutions, boarding homes, or federally supported housing for the elderly are explicitly exempt.

Key provisions include a requirement for each senior retirement community to conduct criminal history checks on all its employees through the Texas Department of Public Safety. Furthermore, the bill requires contracts with residents to disclose whether businesses hired to provide on-site services also perform background checks on their employees.

In the interest of resident safety, the bill mandates that communities maintain a resident safety and communications policy. This policy must include prompt notification to residents, within two business days, of reports made to law enforcement regarding criminal activity or trespassing on the premises. These notices must be written, posted publicly, and may redact identifying information for privacy.

Finally, the bill includes protections for residents’ rights, such as prohibiting retirement communities from penalizing or restricting communication between residents and law enforcement, family members, or social workers. It also shields communities from civil or criminal liability for compliance with certain safety and reporting provisions.

Overall, SB 1283 aims to enhance transparency and communication within senior retirement communities in response to potential safety threats, while attempting to balance resident protection with operational practicality.

The Committee Substitute for SB 1283 makes several notable changes from the originally filed version, reflecting refinements aimed at broadening the bill’s scope, clarifying enforcement mechanisms, and easing compliance for senior living communities. One of the most impactful modifications is the expansion of the definition of a “senior retirement community.” In the original version, eligible communities were limited to those offering units for rent or lease. The substitute broadens this to include owned units, thereby extending the bill’s applicability to senior condominiums and other ownership-based residential models. This change ensures that the safety and communication standards established in the bill apply more comprehensively across various types of senior living arrangements.

Additionally, the definition of “common amenities” was simplified in the substitute version. While the original bill listed specific examples—such as dining services, housekeeping, and full-time security—the committee version removes this prescriptive list in favor of a more general definition. This adjustment allows communities to interpret the term flexibly and ensures that the legislation remains applicable even as service offerings evolve, reducing the risk of unintended exclusion due to overly narrow language.

The substitute bill also clarifies the timeline for notifying residents of criminal activity or trespassing incidents. In the originally filed version, the notification deadline was ambiguously tied to either the date of the report or the occurrence of the incident. The revised language standardizes the timeline, requiring notice within two business days of the report to law enforcement or the event itself. This provides clearer guidance for community operators and improves enforceability.

Lastly, while both versions include provisions protecting residents’ rights to communicate safety concerns and shielding communities from liability when complying with the law, the Committee Substitute refines this language to provide more legal clarity. These changes collectively enhance the bill's practicality and fairness while preserving its original intent: to improve safety and transparency in senior retirement communities across Texas.

Author

Tan Parker

Co-Author

Cesar Blanco

Brent Hagenbuch

Nathan Johnson

Sponsor

Cassandra Garcia Hernandez

Mitch Little

Jared Patterson

Candy Noble

Penny Morales Shaw

Co-Sponsor

Suleman Lalani

Charlene Ward Johnson

Contact the Author

Sen. Tan Parker

Capitol Phone:

(512) 463-0112

Capitol Office:

EXT E1.608

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1283 is not expected to have a significant fiscal impact on the state. According to the Legislative Budget Board (LBB), any associated costs, such as the administrative burden of compliance or oversight, could be absorbed by existing resources within relevant state agencies.

Similarly, the bill does not impose significant costs on local governments. While senior retirement communities will need to implement new procedures, such as criminal background checks and timely communication policies related to criminal activity, these responsibilities fall on private operators rather than public entities. As such, local governmental units are not expected to incur additional financial obligations for enforcement or support.

This fiscal neutrality underscores that the bill was crafted to enhance resident safety without expanding bureaucracy or requiring new state-funded programs. It places operational responsibilities on retirement communities themselves, allowing the state to leverage existing infrastructure and oversight frameworks without new appropriations or staffing increases.

Vote Recommendation Notes

SB 1283 is a timely and well-intentioned proposal aimed at increasing safety and transparency in senior retirement communities across Texas. Sparked by high-profile criminal cases, including the Billy Chemirmir tragedy, the bill establishes clear safety standards that include mandatory background checks for employees, required disclosures about third-party service providers, and timely notification of residents about criminal activity or trespassing on community property. These measures directly address known safety gaps and aim to protect a vulnerable population.

Importantly, the bill does not grow the size or scope of state government, does not grant new rulemaking authority, and has no significant fiscal impact on the state or local governments, according to the Legislative Budget Board. These are important considerations for maintaining limited government and fiscal responsibility.

However, while the bill advances public safety, it does introduce new regulatory burdens on private senior living communities, particularly smaller or nonprofit-operated facilities. These include mandatory background checks, communication protocols, and permissive law enforcement access to common areas—all of which could increase administrative strain without flexibility or financial support. Additionally, provisions related to notice posting and law enforcement access raise concerns around property rights and due process.

The Committee Substitute improves the bill's clarity and applicability by refining definitions and aligning terms with other legal standards, making it more feasible for retirement communities to comply. Nonetheless, to fully align with liberty principles—including limited government, free enterprise, and private property rights—amendments are needed. These could include safe harbor provisions for small communities, stronger privacy safeguards, and alternatives to public postings that still ensure resident awareness without unnecessarily burdening operators.

SB 1283 is a commendable and necessary response to a clear public safety issue. It deserves passage with improvements. Therefore, Texas Policy Research recommends that lawmakers vote YES on SB 1283 while also suggesting lawmakers improve the bill as described above to preserve individual liberty and reduce unnecessary regulatory burdens.

Individual Liberty: The bill enhances individual liberty for residents by ensuring greater transparency and awareness of potential criminal threats in their community. It also protects residents’ rights to freely communicate with law enforcement, social workers, or family members without interference from retirement community operators. These provisions empower residents to make informed decisions about their safety and well-being. However, some provisions—such as required public posting of crime-related notices—could raise privacy concerns, particularly in small communities where identities might be inferred. Amending the bill to allow for notice delivery that protects personal privacy (e.g., private mail or secure resident portals) could better preserve individual liberty.
Personal Responsibility: The bill promotes a culture of responsibility among retirement community operators. It expects them to take active steps to prevent harm by screening employees and notifying residents about safety risks. This fosters accountability and reinforces the notion that those in positions of authority or care have a duty to protect others.
Free Enterprise: While the bill does not restrict market entry or competition, it imposes new operational mandates on private senior communities, such as employee background checks and criminal activity disclosures. These requirements, while well-intentioned, could increase compliance costs and discourage innovation or flexibility in service delivery, especially for small or nonprofit operators. Amendments offering flexibility, technical assistance, or safe harbor provisions would help align the bill more fully with the principle of free enterprise.
Private Property Rights: The bill’s requirement that communities post public notices about criminal incidents and allow law enforcement access to common areas without a warrant or invitation could raise concerns about property rights and due process. While well-meaning, these provisions could inadvertently erode owners’ control over their premises and open the door to overly broad interpretations of access rights. Clarifying or narrowing these provisions—for example, requiring resident consent for interviews or limiting access to clearly defined investigative circumstances—would better protect property rights while still promoting safety.
Limited Government: The bill does not expand the size or cost of government and does not create new state entities or powers, which supports the principle of limited government. However, it introduces new regulatory mandates on private actors, including compliance requirements and operational changes that function as indirect extensions of state policy. To better preserve this principle, lawmakers should consider scaling the mandates or providing local flexibility in how safety protocols are implemented.

Related Legislation

View Bill Text and Status