Sec. 184.0125. HOUSING FOR OLDER PERSONS. (a) Section 184.012 does not prohibit a political subdivision from issuing a permit for the construction of housing for older persons with 100 or more dwelling units.

(b) Before issuing a permit, certificate, or other authorization for the construction of housing for older persons, a political subdivision shall require that the construction plan provide for the requirements prescribed by this section.

(c) To qualify for the exemption provided by this section, the housing, at a minimum, must have:

(1) significant facilities and services specifically designed to meet the physical or social needs of older persons or, if the provision of those facilities and services is not practicable, the housing must be necessary to provide important housing opportunities for older persons;

(2) at least 80 percent of the dwelling units set aside for occupancy by at least one person 55 years of age or older in each dwelling unit; and

(3) policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

(d) The owner or manager must adhere to the policies and procedures required by Subsection (c)(3).

(e) In this section, "housing for older persons" means housing:

(1) intended for and solely occupied by persons 62 years of age or older; or

(2) intended and operated for occupancy by at least one person 55 years of age or older in each dwelling unit.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.16(a), eff. Sept. 1, 1999.