What the Texas assisted living Residents' Bill of Rights guarantees, which HHSC rules apply in Dallas, how they differ from nursing home rules, and who to call.
By Dallas Senior Advisor Care Team · October 24, 2026
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Listen to this guide as a 6-minute podcast episode, or read on. Hosts Marcus and Dana are AI-generated voices.
Marcus: Welcome to the Dallas Senior Advisor podcast. I'm Marcus.
Dana: And I'm Dana. Today we're talking about the rules behind the front desk: what rights your parent keeps after moving into assisted living in Texas.
Marcus: Because a lot of families sign the paperwork and never ask that question until something goes wrong.
Dana: Right. And the answer is better than most people expect.
Marcus: So let's start there. What does the Texas assisted living Residents' Bill of Rights actually guarantee?
Dana: The short version: the same basic rights your parent had at home. Privacy, visitors, control of their own money, their own doctor, and the right to complain without being punished.
Marcus: Where does that come from? Is it just a facility policy?
Dana: No, it's state law. Texas Health and Safety Code section 247.064, and the HHSC rule that carries it out, 26 TAC section 553.267. It applies in every licensed assisted living facility in Texas.
Marcus: Give me the specifics.
Dana: Privacy while attending to personal needs, and a private place to meet visitors. Unrestricted communication, including visits with anyone your parent chooses. They can manage their own finances and choose and keep their own physician. And they can send and receive unopened mail.
Marcus: And complaining?
Dana: A resident can complain about their care, and the facility must not discriminate or take punitive action against them for it. The statute says grievances can be presented without threat of reprisal.
Marcus: Is there anything families should look for on a tour?
Dana: Yes. The facility has to give each resident a copy of the Bill of Rights and post it in a prominent place, in the resident's primary language, with the state's toll-free number for reporting abuse or neglect. If you can't find the posting, ask for it.
Marcus: Okay. So which Texas regulations actually govern assisted living here in Dallas–Fort Worth?
Dana: The Texas Health and Human Services Commission, HHSC, licenses assisted living under Health and Safety Code Chapter 247 and the rules in 26 TAC Chapter 553. There's no separate city or county license. Same rules in Preston Hollow and in Mesquite.
Marcus: And I keep hearing Type A and Type B.
Dana: Type A serves residents who can evacuate without physical help from staff and don't need routine attendance at night. Type B can serve residents who need staff help to evacuate and need attendance at night, as long as they're not permanently bedfast.
Marcus: Which one is more common around here?
Dana: Type B, by far. In HHSC's directory as of October 22, 2026, the six counties we track have 449 licensed assisted living facilities: 398 Type B, 50 Type A and 1 Type C. Dallas County alone has 191.
Marcus: Now the comparison families always ask about. How are Texas nursing home rules different from assisted living rules?
Dana: The core rights are similar, but a nursing home resident gets an extra federal layer. Nursing facilities follow Health and Safety Code Chapter 242, 26 TAC Chapter 554, and the federal resident-rights rule, 42 CFR 483.10. Assisted living rights rest on state law alone.
Marcus: Does that change anything in real life?
Dana: It shows up at discharge. Both settings require 30 days' written notice before a non-emergency move-out. But a nursing facility must also send a copy of that notice to the State Long-Term Care Ombudsman at the same time.
Marcus: And in assisted living?
Dana: The 30-day written notice is the main protection, so families often need to call the Ombudsman themselves.
Marcus: Let's talk about visitors. Can a Dallas assisted living facility stop visitors during an outbreak, like we saw with COVID?
Dana: Not entirely. Since September 1, 2021, Texas law has guaranteed every assisted living and nursing facility resident the right to an essential caregiver who can't be barred from in-person visits. That's Senate Bill 25, which added Chapter 260B to the Health and Safety Code.
Marcus: How does that work?
Dana: The resident, guardian or legal representative designates an essential caregiver, the same way you'd designate a power of attorney. The schedule has to allow at least two hours a day, and physical contact. The caregiver signs to follow safety protocols, and those can't be stricter than the staff's.
Marcus: Can the facility ever suspend it?
Dana: Only by asking HHSC, for up to seven days at a time if visits pose a serious community health risk, and HHSC can say no. If your mom is in a Garland community and you live in Frisco, naming yourself or a nearby sibling now is the simplest protection before the next flu season.
Marcus: Last one. What should a family do when a Texas assisted living facility ignores resident rights?
Dana: Start with the Texas Long-Term Care Ombudsman at 800-252-2412. If you believe a rule was broken, report it to HHSC Complaint and Incident Intake at 800-458-9858. The Ombudsman is a free advocate for residents. HHSC is the regulator that takes complaints.
Marcus: Any advice before they pick up the phone?
Dana: Write down what happened, when, and who you talked to. Keep the residency agreement and any notice. And remember, retaliation for complaining is itself prohibited, so a sudden discharge notice after a complaint is worth raising with both offices.
Marcus: The full guide, with the comparison table and every source, is linked in the description. And if you're choosing a community, a Dallas Senior Advisor is free. See you next time.
It guarantees a resident the same basic rights they had at home: privacy, visitors, control of their own money, their own doctor, and the right to complain without being punished. Those rights come from Texas Health and Safety Code §247.064 and the HHSC rule that carries them out, 26 Texas Administrative Code §553.267. They apply in every licensed assisted living facility in Texas, from a nine-bed Type B home in Richardson to a large community in Plano.
The rule spells out specific protections. A resident has privacy while attending to personal needs and a private place to meet visitors. A resident may have unrestricted communication, including personal visits with anyone they choose. A resident may manage their own financial affairs and may choose and keep a personal physician. A resident may complain about their care, and the facility must not discriminate or take punitive action against a resident who does. The statute adds the right to send and receive unopened mail and to present grievances without threat of reprisal.
Two paperwork duties matter for families. The rule requires the facility to give each resident a copy of the Residents' Bill of Rights and to post it in a prominent place. The statute says the posted version must be in the resident's primary language and must include the state's toll-free number for reporting abuse or neglect. If you tour a DFW community and cannot find the posting, ask for it. A facility that cannot produce it has told you something about how it runs.
The rights have one stated limit: they do not override the health and safety of other residents. That is the clause a facility will point to when it restricts something, so it helps to know it exists.
Assisted living in Dallas, Collin, Denton and Tarrant counties is licensed by the Texas Health and Human Services Commission (HHSC) under Health and Safety Code Chapter 247 and the rules in 26 TAC Chapter 553. There is no separate city or county license. The same state rules apply in Preston Hollow and in Mesquite. Our Texas licensing explainer covers the license types in more detail.
Chapter 553 sorts facilities by who they can serve. Under 26 TAC §553.5, a Type A facility serves residents who are physically and mentally capable of evacuating without physical help from staff and who do not need routine attendance during nighttime sleeping hours. A Type B facility may serve residents who need staff help to evacuate and who need attendance at night, but residents must not be permanently bedfast. Type C is an old four-bed adult foster care license that HHSC no longer issues.
Type B is the dominant license in North Texas. In HHSC's directory of active assisted living licenses (as of October 22, 2026), the six counties this site tracks hold 449 licensed facilities: 398 Type B, 50 Type A and 1 Type C. Dallas County alone has 191, Collin 123 and Denton 112. That matters because a parent with dementia who needs night checks or help getting out in a fire belongs in a Type B building, whatever the brochure calls it.
Many families search for "Texas assisted living regulations" hoping for one document. In practice there are three layers: the statute (Chapter 247), the HHSC rules (Chapter 553), and the Human Resources Code Chapter 102 "Rights of the Elderly," which applies in both assisted living and nursing facilities. Our Texas regulations and benefits hub links the main state programs.
The core rights are similar, but a nursing home resident gets an extra federal layer, and assisted living rights rest on state law alone. Nursing facilities in Texas are licensed under Health and Safety Code Chapter 242 and 26 TAC Chapter 554. HHSC's rule at 26 TAC §554.401 adopts the federal resident-rights rule, 42 CFR §483.10, as a condition of the Texas license. The Texas Long-Term Care Ombudsman puts it plainly: federal and state laws protect nursing facility residents, while state law protects assisted living residents.
| Question | Texas assisted living (Type A or B) | Texas nursing facility |
|---|---|---|
| Governing law | Health & Safety Code Ch. 247; 26 TAC Ch. 553 | Health & Safety Code Ch. 242; 26 TAC Ch. 554; federal 42 CFR Part 483 |
| Rights document | Residents' Bill of Rights (§553.267), copy to each resident and posted | Statement of Resident Rights (§554.401), copy to each resident, signed copy kept on file |
| Notice before a non-emergency move-out | 30 days' written notice (§553.267) | At least 30 days before transfer or discharge, with stated exceptions (42 CFR §483.15) |
| Ombudsman copy of discharge notice | Not required by the rule quoted here | Facility must send a copy to the State Long-Term Care Ombudsman |
| Essential caregiver visits | Yes, Health & Safety Code Ch. 260B | Yes, Health & Safety Code Ch. 260B |
The practical difference shows up at discharge. In a DFW nursing facility, federal rules require the facility to send the Ombudsman a copy of any transfer or discharge notice at the same time the resident gets it. In assisted living, the 30-day written notice is the main protection, so families often need to call the Ombudsman themselves. Our guide to a Texas assisted living discharge notice walks through that month step by step.
Not entirely. Since September 1, 2021, Texas law has guaranteed every assisted living and nursing facility resident the right to an essential caregiver who cannot be barred from in-person visits. Senate Bill 25 of the 87th Legislature added Chapter 260B to the Health and Safety Code after the COVID-19 lockdowns, when many North Texas families went months without touching a parent.
Under §260B.0002, a resident, guardian or legally authorized representative may designate an essential caregiver, a family member, friend or other chosen person, in the same manner as designating a power of attorney. HHSC's guidelines must require a visitation schedule of at least two hours each day and procedures that allow physical contact. The caregiver signs an agreement to follow the facility's safety protocols, and those protocols may not be stricter than the ones staff follow.
A facility can ask HHSC to suspend essential caregiver visits for no more than seven days if visitation poses a serious community health risk, and HHSC can say no. Each extension is capped at seven days and must be requested separately. If a facility revokes a caregiver for breaking the rules, the resident may immediately name someone else. If you live in Frisco and your mother is in a Garland community, naming yourself or a nearby sibling now is the simplest protection you can put in place before the next flu season.
Start with the Texas Long-Term Care Ombudsman at 800-252-2412, and if you believe a rule was broken, report it to HHSC Complaint and Incident Intake at 800-458-9858. The two do different jobs. The Ombudsman program is a free advocate for residents and answers questions about rights. HHSC is the regulator that takes complaints about licensed facilities.
Write down what happened, when, and who you spoke with before you call. Keep the residency agreement and any written notice. Retaliation for complaining is itself prohibited by §553.267, so a sudden discharge notice after a complaint is worth raising with both offices. Our step-by-step guides cover filing an HHSC complaint and what the Ombudsman program does for DFW families.
If you are still choosing a community, ask the marketing director three questions on the tour: where the Residents' Bill of Rights is posted, how the building handles an essential caregiver designation, and what triggers a 30-day notice. A free Dallas Senior Advisor can help you compare answers across communities before you sign. Last verified: October 2026.
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