Texas § 246.057 CANCELLATION OF CONTRACT: DEATH OR INCAPACITY BEFORE OCCUPANCY.

Texas Statutes

§ 246.057 — CANCELLATION OF CONTRACT: DEATH OR INCAPACITY BEFORE OCCUPANCY.

Texas § 246.057

Code HSHealth and Safety Code

This text of Texas § 246.057 (CANCELLATION OF CONTRACT: DEATH OR INCAPACITY BEFORE OCCUPANCY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 246.057 (2026).

Text

Sec. 246.057. CANCELLATION OF CONTRACT: DEATH OR INCAPACITY BEFORE OCCUPANCY.

(a)A continuing care contract to provide continuing care in a living unit in a facility is canceled if the resident:

(1)dies before occupying a living unit in the facility; or

(2)is precluded under the terms of the contract from occupying a living unit in the facility because of illness, injury, or incapacity.

(b)If a continuing care contract is canceled under this section, the resident or the resident's legal representative is entitled to a refund of all money or property transferred to the provider, minus:

(1)any nonstandard costs specifically incurred by the provider or facility at the request of the resident that are described in the contract or in an addendum to the contract signed by the resident;

(2)

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Sec. 246.057. CANCELLATION OF CONTRACT: DEATH OR INCAPACITY BEFORE OCCUPANCY. (a) A continuing care contract to provide continuing care in a living unit in a facility is canceled if the resident:
(1) dies before occupying a living unit in the facility; or
(2) is precluded under the terms of the contract from occupying a living unit in the facility because of illness, injury, or incapacity.
(b) If a continuing care contract is canceled under this section, the resident or the resident's legal representative is entitled to a refund of all money or property transferred to the provider, minus:
(1) any nonstandard costs specifically incurred by the provider or facility at the request of the resident that are described in the contract or in an addendum to the contract signed by the resident;
(2) a reasonable service charge, if set out in the contract, that may not exceed the greater of $1,000 or two percent of the entrance fee; and
(3) any money transferred to the provider for optional modifications to the resident's or prospective resident's living unit under an agreement that is separate from the continuing care contract.

Legislative History

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 6, eff. Sept. 1, 1993. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697 ), Sec. 8, eff. June 19, 2015. Acts 2025, 89th Leg., R.S., Ch. 836 (S.B. 1522 ), Sec. 8, eff. January 1, 2026.