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H.B. No. 1982
AN ACT
relating to the creation and operation of a Texas Certified
Retirement Community Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Agriculture Code, is amended by
adding Section 12.039 to read as follows:
Sec. 12.039. TEXAS CERTIFIED RETIREMENT COMMUNITY PROGRAM.
(a) In this section, "program" means the Texas Certified
Retirement Community Program.
(b) The department shall establish and maintain a Texas
Certified Retirement Community Program in which retirees and
potential retirees are encouraged to make their homes in Texas
communities that have met the criteria for certification by the
department as a Texas certified retirement community.
(c) The mission of the program is to:
(1) promote Texas as a retirement destination to
retirees and potential retirees both in and outside Texas;
(2) assist Texas communities in their efforts to
market themselves as desirable retirement locations and to develop
communities that retirees would find attractive for a retirement
lifestyle;
(3) assist in the development of retirement
communities and life-care communities for economic development
purposes and as a means of providing a potential workforce and
enriching Texas communities; and
(4) encourage tourism to Texas in reference to an
evaluation of this state as a desirable retirement location and for
the visitation of those who have chosen to retire in this state.
(d) To be eligible to be a Texas certified retirement
community, a community shall:
(1) through a board or panel that serves as the
community's official program sponsor:
(A) complete a retiree desirability assessment,
as developed by the department, to include facts regarding crime
statistics, tax information, recreational opportunities, housing
availability, and other appropriate factors, including criteria
listed in Subsection (e); and
(B) work to gain the support of churches, clubs,
businesses, media, and other entities, as necessary for the success
of the program in the community;
(2) identify emergency medical services and a hospital
within a 75-mile radius of the community; and
(3) submit to the department:
(A) an application fee in an amount equal to the
greater of:
(i) $5,000; or
(ii) $0.25 multiplied by the population of
the community, as determined by the most recent census;
(B) a marketing plan detailing the mission as
applied to the community, the target market, the competition, an
analysis of the community's strengths, weaknesses, opportunities
and dangers, and the strategies the community will employ to attain
the goals of the program; and
(C) a long-term plan outlining the steps the
community will undertake to maintain its desirability as a
destination for retirees, including an outline of plans to correct
any facility and service deficiencies identified in the retiree
desirability assessment required by Subdivision (1)(A).
(e) The department shall develop and use a scoring system to
determine whether an applicant will qualify as a Texas certified
retirement community. In addition to the requirements of
Subsection (d), the department shall consider as part of the
scoring system the applicant community in relation to the following
criteria:
(1) Texas' state and local tax structure;
(2) housing opportunities and cost;
(3) climate;
(4) personal safety;
(5) working opportunities;
(6) health care services and other services along the
continuum of care, including home-based and community-based
services, housing for the elderly, assisted living, personal care,
and nursing care facilities;
(7) transportation;
(8) continuing education;
(9) leisure living;
(10) recreation;
(11) the performing arts;
(12) festivals and events;
(13) sports at all levels; and
(14) other services and facilities that are necessary
to enable persons to age in the community and in the least
restrictive environment, as may be identified by the Department of
Aging and Disability Services.
(f) The department shall consult with the Office of Rural
Community Affairs to establish parameters for certification of
rural communities under this section.
(g) If the department finds that a community successfully
meets the requirements of a Texas certified retirement community,
not later than the 90th day after the application is submitted, the
department shall provide the following assistance to the community:
(1) assistance in the training of local staff and
volunteers;
(2) ongoing oversight and guidance in marketing, plus
updates on retirement trends;
(3) inclusion in the state's national advertising and
public relations campaigns and travel show promotions, including a
prominent feature on the department's Internet website, to be
coordinated with the Internet websites of other agencies, as
appropriate;
(4) eligibility for state financial assistance for
brochures, support material, and advertising; and
(5) an evaluation and progress assessment on
maintaining and improving the community's desirability as a home
for retirees.
(h) A community's certification under this section expires
on the fifth anniversary of the date the initial certification is
issued. To be considered for recertification by the department, an
applicant community must:
(1) complete and submit a new application in
accordance with the requirements of Subsection (d); and
(2) submit data demonstrating the success or failure
of the community's efforts to market and promote itself as a
desirable location for retirees and potential retirees.
(i) The Texas certified retirement community program
account is an account in the general revenue fund. The account is
composed of fees collected under Subsection (d). Money in the
account may be appropriated to the department only for the purposes
of this section, including the payment of administrative and
personnel costs of the department associated with administering the
program.
(j) The department may contract with a local or regional
nonprofit organization to provide a service described by Subsection
(g) to a community in this state.
(k) The department shall adopt rules to implement this
section.
SECTION 2. The Department of Agriculture shall implement
the program created by Section 12.039, Agriculture Code, as added
by this Act, not later than September 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1982 was passed by the House on April
20, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1982 was passed by the Senate on May
12, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor