Tex. Agric. Code Section 12.040
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)

a 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)

Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1197, Sec. 8, eff. June 14, 2013.

(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 and approved, the department shall provide assistance to the community as determined by department rule.

(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.
Added by Acts 2005, 79th Leg., Ch. 214 (H.B. 1982), Sec. 1, eff. September 1, 2005.
Renumbered from Agriculture Code, Section 12.039 (Certain Wine Produced or Bottled in This State) by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(1), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1197 (S.B. 1214), Sec. 3, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1197 (S.B. 1214), Sec. 8, eff. June 14, 2013.

Source: Section 12.040 — Texas Certified Retirement Community Program, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­12.­htm#12.­040 (accessed Mar. 16, 2024).

12.001
Execution of Laws
12.002
Development of Agriculture
12.003
Agricultural Societies
12.006
Development of Domestic and Foreign Markets
12.007
Plant Diseases and Pests
12.010
Correspondence with Government Agencies and Others
12.0011
Authority to Enter into Cooperative Agreements
12.011
Agricultural Resource Statistics
12.0012
Notification
12.013
Employees
12.016
Rules
12.018
Testing
12.020
Administrative Penalties
12.021
Fee for Phytosanitation Inspection
12.022
Authority to Solicit and Accept Gifts, Grants, and Donations
12.023
Expiration of Registration or Licenses
12.024
Late Renewal of License or Registration
12.0025
Nutrition Programs
12.025
Program Accessibility Plan
12.0026
Interagency Farm-to-school Coordination Task Force
12.026
Public Interest Information
12.027
Economic Development Program
12.0027
Nutrition Outreach Program
12.0028
Limitation on Sanctions Imposed on School Districts for Sale of Foods of Minimal Nutritional Value
12.028
Competitive Bidding or Advertising
12.0029
Summer Nutrition Programs
12.029
Minority and Female-owned Business Contracts
12.031
Advertising, Publications, and Fees
12.032
Cooperation with State Office of Administrative Hearings
12.033
Multiple Licenses
12.034
Refund or Waiver of Fees
12.035
Notice to Examinee
12.036
Licensing Out-of-state Applicants
12.037
Continuing Education
12.038
Office of Rural Affairs
12.039
Certain Wine Produced or Bottled in This State
12.040
Texas Certified Retirement Community Program
12.041
School Breakfast and Lunch Program
12.042
Home-delivered Meal Grant Program
12.046
Texas Rural Investment Fund
12.047
Use of Technology
12.048
Obtaining Criminal History Record Information
12.050
Trade Agricultural Inspection Grant Program
12.051
Farmer Mental Health and Suicide Prevention Program
12.0135
Conflict Provisions
12.0144
Fee Schedule
12.0145
Submission of Proposed Fee Schedule
12.0176
Cooperation with Certain Commodity Producers Boards
12.0177
Texas Nursery and Floral Account
12.0201
License Sanctions
12.0202
Administrative Hearings
12.0203
Negotiated Rulemaking and Alternative Dispute Resolution
12.0204
Advisory Committees
12.0205
Coordination of Consumer Protection Enforcement with Office of Attorney General
12.0261
Administrative Procedure
12.0271
Rural Economic Development and Investment Program
12.0272
Texas Economic Development Fund
12.0273
Limitations on Loans and Grants from Texas Economic Development Fund
12.02601
Complaints

Accessed:
Mar. 16, 2024

§ 12.040’s source at texas​.gov