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TexasSB 138389th Legislature Regular SessionSenate

Relating to the regulation of referral agencies for senior living communities.

Sponsored By: Nathan Johnson (Democratic), Ken King, Mayes Middleton (Republican)

Signed by Governor

AgingConsumer ProtectionNursing HomesASSISTED LIVING FACILITIES

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Clearer referral choices for seniors

Texas senior-living referral agencies must give consumers written or electronic disclosures when making a referral. These must explain their services, whether the consumer or community pays, and that their lists may leave out suitable communities. Consumers can stop using the agency at any time without giving a reason or paying a penalty. Agencies must consider consumer preferences and cannot choose based only on cost. When consumers stop using an agency, it must notify every community it referred them to.

Limits on seniors’ referral fees

Texas referral agencies cannot refer consumers to senior communities where they have an ownership, management, or financial interest. Agencies cannot hold a consumer’s property or power of attorney. They cannot knowingly refer someone to an unlicensed community unless it is exempt from licensing. Fees for transfers between properties of the same community require the consumer to engage the agency to help. The agency must also provide more than one referral. Agencies cannot collect fees after the referral period in their community contract ends.

Safety checks for senior referral agencies

Texas referral agencies must obtain criminal histories through a nationally accredited provider for new employees who directly contact consumers. Checks also cover employees who enter communities to make referrals. Agencies must carry liability insurance for negligence, check communities’ license standing, and keep license-audit records. Before direct consumer work begins, employees must receive training, including the agency’s code of conduct. Agencies must send written or electronic referral notices, including the referral’s date and time, by the consumer’s admission. Agency-community contracts must set a payment period no longer than three years after the referral.

Senior referral payments allowed with limits

Texas senior communities and referral agencies can use written contracts to pay for referrals, including volume- or value-based payments. Compliant payments are not grounds for disciplining a community, but agencies cannot offer or contract for federally prohibited compensation. Communities cannot be forced to contract with or use referral agencies. Qualifying referral agencies are also exempt from Texas Occupations Code Section 102.001. The supplied text does not explain that section’s requirements or the exemption’s household effects.

Sponsors & Cosponsors

Sponsors

  • Nathan Johnson

    Democratic • Senate

  • Ken King

    House

  • Mayes Middleton

    Republican • Senate

Cosponsors

  • César Blanco

    Democratic • Senate

  • Terry Canales

    House

  • Armando "Mando" Martinez

    House

  • Borris L. Miles

    Democratic • Senate

  • David Spiller

    House

Roll Call Votes

All Roll Calls

Yes: 267 • No: 36

Senate vote • 5/21/2025

Record vote

Yes: 30 • No: 1

House vote • 5/16/2025

Record vote

Yes: 105 • No: 15

House vote • 5/15/2025

Record vote

Yes: 116 • No: 17

Senate vote • 4/30/2025

Record vote

Yes: 0 • No: 0

Senate vote • 4/30/2025

Record vote

Yes: 0 • No: 0

House vote • Unknown

Committee vote: Human Services

Yes: 7 • No: 3

Senate vote • Unknown

Committee vote: Health & Human Services

Yes: 9 • No: 0

Actions Timeline

  1. Effective immediately

    6/20/2025House

  2. Signed by the Governor

    6/20/2025House

  3. Sent to the Governor

    5/22/2025House

  4. Signed in the House

    5/22/2025House

  5. Signed in the Senate

    5/22/2025Senate

  6. Reported enrolled

    5/22/2025Senate

  7. Senate concurs in House amendment(s)-reported

    5/21/2025House

  8. Record vote

    5/21/2025Senate

  9. Senate concurs in House amendment(s)

    5/21/2025Senate

  10. Read

    5/21/2025Senate

  11. House amendment(s) laid before the Senate

    5/21/2025Senate

  12. House passage as amended reported

    5/19/2025Senate

  13. Statement(s) of vote recorded in Journal

    5/16/2025House

  14. Record vote (RV#2912)

    5/16/2025House

  15. Passed

    5/16/2025House

  16. Read 3rd time

    5/16/2025House

  17. Statement(s) of vote recorded in Journal

    5/15/2025House

  18. Record vote (RV#2713)

    5/15/2025House

  19. Passed to 3rd reading as amended

    5/15/2025House

  20. Amended (1-King)

    5/15/2025House

  21. Read 2nd time

    5/15/2025House

  22. Laid out in lieu of companion (HB 2667)

    5/15/2025House

  23. Committee report sent to Calendars

    5/13/2025House

  24. Committee report distributed

    5/13/2025House

  25. Comte report filed with Committee Coordinator

    5/13/2025House

Bill Text

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