HB2510

Regular Session

Relating to assisted living facility operations and provision of certain services to assisted living facility residents without a license; creating a criminal offense.

CriticalImmediate action required

Low Cost

Effective:2025-09-01

Enforcing Agencies

Local Law Enforcement (Police/Sheriff) • District Attorneys/County Attorneys • Texas Health and Human Services Commission (HHSC) - for licensure verification

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: January 2025 (Recommended). While the law is effective in September, licensure applications with HHSC can take 6–9 months. You must hold a valid license by September 1, 2025, to avoid criminal liability.
Agency Rulemaking: No specific rulemaking is mandated by this bill, as it relies on existing definitions in Chapters 142 and 247. However, enforcement discretion will initially lie with local law enforcement and District Attorneys rather than HHSC surveyors.

Immediate Action Plan

Conduct a Gap Analysis (Immediate): Review all services provided. If you operate a "boarding home" providing personal care to 4+ unrelated persons, you must apply for an ALF license immediately.
Audit Third-Party Vendors: Request proof of Chapter 142 licensure from every home care agency currently visiting your residents. Bar access to those who cannot produce it.
File Licensure Applications: If you are unlicensed or pending, expedite your application with HHSC. There is no grace period or grandfather clause.
Consult Insurance Broker: Verify if your current D&O policy provides defense coverage for criminal allegations related to regulatory operations.

Operational Changes Required

Contracts

Vendor Master Service Agreements (MSAs): You must amend contracts with all third-party home care agencies. Insert a clause requiring the vendor to warrant they hold a valid Chapter 142 license and requiring immediate notification of license suspension or expiration.
Resident Agreements: Update agreements to explicitly state that residents may only engage *licensed* third-party providers for supplemental care.
Indemnification: Strengthen indemnification clauses to cover legal defense costs if a vendor’s lack of licensure triggers a criminal investigation against the facility.

Hiring/Training

Front Desk Protocols: Reception staff must be trained to act as gatekeepers. Implement a "Check-In" protocol requiring external caregivers to present agency credentials before accessing resident units.
Administrator Training: Administrators must be trained on the specific definitions of "Personal Assistance Services" to identify unauthorized care occurring on-site.

Reporting & Record-Keeping

Third-Party Credentialing Logs: Maintain a mandatory, up-to-date log of all external HCSSA providers entering the facility, including copies of their active Chapter 142 licenses. This is your primary affirmative defense.
Internal License Audits: Document quarterly verifications of your own facility license status to prove "good faith" in the event of clerical lapses at HHSC.

Fees & Costs

Insurance Review: There are no new state fees, but insurance costs may rise. You must review General Liability and D&O policies; most exclude coverage for criminal acts. Ensure your policy covers defense costs until a final adjudication of guilt.

Strategic Ambiguities & Considerations

Definition of "Personal Assistance Services" (PAS): The statute relies on existing definitions, leaving a gray area between unregulated "sitter/companionship" services and regulated "personal assistance" (hands-on care). If an unlicensed sitter helps a resident transfer or eat, it may trigger criminal liability.
Scope of "Operator" Liability: The law criminalizes "operating" a facility but does not define if liability attaches solely to the license holder/administrator or extends to passive investors and management companies. Until case law clarifies, all control persons must assume personal criminal risk.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--miscellaneous Nursing Homes Assisted Living Facilities Occupational Regulation Occupational Regulation--health Occupations

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 2510

By: Turner

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee of Jacqueline Thomas, a Texan with dementia who was residing in an assisted living facility in Grand Prairie and later discovered to be neglected and living in inhumane conditions after a 9-1-1 call brought paramedics to the facility. The bill author has also informed the committee that many boarding homes or other facilities are providing a level of care that meets the threshold to be considered an assisted living facility, yet are purposefully avoiding licensure to avoid oversight. The bill author has further informed the committee that under current state law, there is no criminal penalty for this act and violators are not being held accountable. H.B. 2510 seeks to increase accountability for those operating assisted living facilities and to give law enforcement officers the tools they need to keep vulnerable Texans safe by creating a criminal offense for individuals who operate or provide personal assistance services in assisted living facilities without the required license.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2510 amends the Health and Safety Code to create Class A misdemeanor offenses for the following conduct:

·a person who is required to hold a home and community support services agency license providing without holding the applicable license personal assistance services to a resident of an assisted living facility; and

·a person operating an assisted living facility without holding a license issued under the Assisted Living Facility Licensing Act.

The bill enhances the penalty for a subsequent conviction of those respective offenses to a third degree felony.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Chris TurnerDemocrat · Primary Author

Joint Authors

Coauthors (3)

Senate Sponsor

Sen. Lois KolkhorstRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 2510

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to assisted living facility operations and provision of
	certain services to assisted living facility residents without a
	license; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 142, Health and Safety
	Code, is amended by adding Section 142.00605 to read as follows:
	Sec. 142.00605. PERSONAL ASSISTANCE SERVICES PROVIDED
	WITHOUT LICENSE TO CERTAIN INDIVIDUALS; CRIMINAL OFFENSE. (a) A
	person commits an offense if the person:
	(1) is required to hold a license under this chapter;
	and
	(2) provides without holding the required license
	personal assistance services to a resident of an assisted living
	facility, as defined by Section 247.002.
	(b) An offense under this section is a Class A misdemeanor,
	except the offense is a felony of the third degree if the person has
	been previously convicted of an offense under this section.
	SECTION 2. Subchapter C, Chapter 247, Health and Safety
	Code, is amended by adding Section 247.0441 to read as follows:
	Sec. 247.0441. LICENSE REQUIRED; CRIMINAL PENALTY. (a) A
	person commits an offense if the person operates an assisted living
	facility without holding a license issued under this chapter.
	(b) An offense under this section is a Class A misdemeanor,
	except the offense is a felony of the third degree if the person has
	been previously convicted of an offense under this section.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 14, 2025

TO:	Honorable Lacey Hull, Chair, House Committee on Human Services

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB2510 by Turner (Relating to assisted living facility operations and provision of certain services to assisted living facility residents without a license; creating a criminal offense.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would create two Class A misdemeanor offenses of providing personal assistance services to a resident of an assisted living facility without a license and operating an assisted living facility without a license. The bill would furthermore increase the criminal penalties for both offenses from a Class A misdemeanor to a third degree felony if the person has been previously convicted of the respective offenses.

While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs.

Local Government Impact

It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts

LBB Staff:

JMc, NPe, AMr, QH

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Frequently Asked Questions

Common questions about HB2510

What does Texas HB2510 do?

HB2510 criminalizes the operation of an unlicensed Assisted Living Facility (ALF) and the provision of unlicensed personal assistance services (PAS) to ALF residents, converting regulatory non-compliance from a civil penalty into a Class A Misdemeanor or Third Degree Felony. This legislation impacts all facility owners, "boarding home" operators providing personal care, and third-party home care agencies (HCSSAs) servicing facility residents. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: January 2025 (Recommended).

Who authored HB2510?

HB2510 was authored by Texas Representative Chris Turner during the Regular Session.

When was HB2510 signed into law?

HB2510 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB2510?

HB2510 is enforced by Local Law Enforcement (Police/Sheriff), District Attorneys/County Attorneys and Texas Health and Human Services Commission (HHSC) - for licensure verification.

How urgent is compliance with HB2510?

The compliance urgency for HB2510 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB2510?

The cost impact of HB2510 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB2510 address?

HB2510 addresses topics including crimes, crimes--miscellaneous, nursing homes, assisted living facilities and occupational regulation.

Legislative data provided by LegiScanLast updated: November 25, 2025

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