Section 246.041 - Precontractual Recording Requirements(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.Tex. Health and Safety Code § 246.041
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1089,Sec. 3, eff. 6/19/2015. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.