Article I, Section 35 of the Texas Constitution ("Right of Certain Facility Residents to Designate Essential Caregiver")

Added November 2, 2021:

(a) A resident of a nursing facility, assisted living facility, intermediate care facility for individuals with an intellectual disability, residence providing home and community-based services, or state supported living center, as those terms are defined by general law, has the right to designate an essential caregiver with whom the facility, residence, or center may not prohibit in-person visitation.

(b) Notwithstanding Subsection (a) of this section, the Legislature by general law may provide guidelines for a facility, residence, or center described by Subsection (a) of this section to follow in establishing essential caregiver visitation policies and procedures.

Editor Comments

This vaguely worded section was adopted with a vote of 88 percent in favor.

It limits the effect of disaster declarations in the specified healthcare facilities.

Attorney Steve Smith

Recent Decisions


Historic Decisions


Library Resources

Online Resources