{"data":{"id":"us-tx/tex.-health-and-safety-code-246.041","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 246.041","heading":"PRECONTRACTUAL RECORDING REQUIREMENTS.","body":"(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:\n(1) contracts to provide continuing care to a resident in this state;\n(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\n(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.\n(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:\n(1) by personal, telephone, mail, or other communication directed to and received by a person at a location in this state; or\n(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.\nActs 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.\nAmended by:\nActs 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 3, eff. June 19, 2015.","path":["HEALTH AND SAFETY CODE","TITLE 4. HEALTH FACILITIES","SUBTITLE B. LICENSING OF HEALTH FACILITIES","CHAPTER 246. CONTINUING CARE FACILITIES","SUBCHAPTER C. CONTINUING CARE CONTRACTS AND DISCLOSURE STATEMENTS"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.246.htm#246.041","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"3c956a89acaad5b43ec9d23359d521a88633f6d58eee66e8e8cea5da4d34c5b1","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-246.027","next":"us-tx/tex.-health-and-safety-code-246.042"},"notice":"GroundRules: Original legal text. Not legal advice."}