Tex. Health & Safety Code § 246.041 · Subchapter C. CONTINUING CARE CONTRACTS AND DISCLOSURE STATEMENTS
PRECONTRACTUAL RECORDING REQUIREMENTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A provider shall file with the board a current disclosure statement that meets the requirements of this subchapter and shall file copies of the agreements establishing the escrows under Subchapter D or a verified statement explaining that an escrow is not required before the provider:
(1) contracts to provide continuing care to a resident in this state;
(2) extends the term of an existing continuing care contract with a resident in this state that requires or allows an entrance fee from any person, regardless of whether the extended contract requires an entrance fee; or
(3) including a person acting on the provider's behalf, solicits for an individual who is a resident of this state a continuing care contract in this state.
(b) A contract is solicited in this state if, during the 12-month period preceding the date on which a continuing care contract for a facility is signed or accepted by either party, information concerning the facility or the availability of a continuing care contract for the facility is given:
(1) by personal, telephone, mail, or other communication directed to and received by a person at a location in this state; or
(2) in a paid advertisement published or broadcast from within this state, other than in a publication in which more than two-thirds of the circulation is outside this state.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 3, eff. June 19, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.246.htm
- Text hash
- sha256 3dd6690b0bad7c157e08a2a70347e626ceec15d340d80b6109ac355bd2fc12f8
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 2 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 246.041. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.