Tex.
Health & Safety Code 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.
Source:
Section 246.041 — Precontractual Recording Requirements, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.246.htm#246.041 (accessed Jun. 5, 2024).
