Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 3, eff. June 19, 2015.