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Current as of January 01, 2024 | Updated by Findlaw Staff
(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 hired by the retirement community to 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; and
(B) known instances of criminal 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.
Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 786.003. Requirements Relating to Resident Safety from Criminal Activity - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-786-003/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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