Residential care homes serving three or fewer residents are generally not licensed by the State of Texas as assisted living facilities. They may still be subject to applicable fire, building, county, and local safety requirements, and some voluntarily follow practices similar to those required of licensed communities.

A home serving more than three residents and providing assisted living services must obtain state licensure. Once licensed, it is legally considered an assisted living facility, even when it operates in a smaller residential setting. Families should ask each home about its licensing status, safety procedures, caregiver training, emergency planning, and the specific services it is permitted to provide.