reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 247.083 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.083. Arbitration Procedures

Sec. 247.083.  ARBITRATION PROCEDURES.  (a)  The arbitration shall be conducted by an arbitrator.(b)  The arbitration and the appointment of the arbitrator shall be conducted in accordance with rules adopted by the chief administrative law judge of the State Office of Administrative Hearings.  Before adopting rules under this subsection, the chief administrative law judge shall consult with the department and shall consider appropriate rules developed by any nationally recognized association that performs arbitration services.(c)  The party that elects arbitration shall pay the cost of the arbitration.  The total fees and expenses paid for an arbitrator for a day may not exceed $1,000.(d)  The State Office of Administrative Hearings may designate a nationally recognized association that performs arbitration services to conduct arbitrations under this subchapter and may, after consultation with the department, contract with that association for the arbitrations.(e)  On request by the department, the attorney general may represent the department in the arbitration.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.084 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.084. Arbitrator Qualifications

Sec. 247.084.  ARBITRATOR QUALIFICATIONS.  Each arbitrator must be on an approved list of a nationally recognized association that performs arbitration services or be otherwise qualified as provided in the rules adopted under Section 247.083(b).|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.085 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.085. Arbitrator Selection

Sec. 247.085.  ARBITRATOR SELECTION.  The arbitrator shall be appointed in accordance with the rules adopted under Section 247.083(b).|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.086 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.086. Arbitrator Duties

Sec. 247.086.  ARBITRATOR DUTIES.  The arbitrator shall:(1)  protect the interests of the department and the facility;(2)  ensure that all relevant evidence has been disclosed to the arbitrator, department, and facility; and(3)  render an order consistent with this chapter and the rules adopted under this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.087 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.087. Scheduling of Arbitration

Sec. 247.087.  SCHEDULING OF ARBITRATION.  (a)  The arbitrator conducting the arbitration shall schedule arbitration to be held not later than the 90th day after the date the arbitrator is selected and shall notify the department and the facility of the scheduled date.(b)  The arbitrator may grant a continuance of the arbitration at the request of the department or facility.  The arbitrator may not unreasonably deny a request for a continuance.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.088 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.088. Exchange and Filing of Information

Sec. 247.088.  EXCHANGE AND FILING OF INFORMATION.  Not later than the seventh day before the first day of arbitration, the department and the facility shall exchange and file with the arbitrator:(1)  all documentary evidence not previously exchanged and filed that is relevant to the dispute; and(2)  information relating to a proposed resolution of the dispute.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.089 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.089. Attendance

Sec. 247.089.  ATTENDANCE.  (a)  The arbitrator may proceed in the absence of any party or representative of a party who, after notice of the proceeding, fails to be present or to obtain a postponement.(b)  An arbitrator may not make an order solely on the default of a party and shall require the party who is present to submit evidence, as required by the arbitrator, before making an award.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.090 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.090. Testimony; Record

Sec. 247.090.  TESTIMONY; RECORD.  (a)  The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by the department or the facility.(b)  The department shall make an electronic recording of the proceeding.(c)  An official stenographic record of the proceeding is not required, but the department or the facility may make a stenographic record.  The party that makes the stenographic record shall pay the expense of having the record made.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.091 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.091. Evidence

Sec. 247.091.  EVIDENCE.  (a)  The department or the facility may offer evidence and shall produce additional evidence as the arbitrator considers necessary to understand and resolve the dispute.(b)  The arbitrator is the judge of the relevance and materiality of the evidence offered.  Strict conformity to rules applicable to judicial proceedings is not required.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.092 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.092. Closing Statements; Briefs

Sec. 247.092.  CLOSING STATEMENTS; BRIEFS.  The department and the facility may present closing statements, but the record does not remain open for written briefs unless required by the arbitrator.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.093 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.093. Ex Parte Contacts Prohibited

Sec. 247.093.  EX PARTE CONTACTS PROHIBITED.  (a)  Except as provided by Subsection (b), the department and the facility may not communicate with an arbitrator other than at an oral hearing unless the parties and the arbitrator agree otherwise.(b)  Any oral or written communication, other than a communication authorized under Subsection (a), from the parties to an arbitrator shall be directed to the association that is conducting the arbitration or, if there is no association conducting the arbitration, to the State Office of Administrative Hearings for transmittal to the arbitrator.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.094 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.094. Order

Sec. 247.094.  ORDER.  (a)  The arbitrator may enter any order that may be entered by the department, executive commissioner, commissioner, or court under this chapter in relation to a dispute described by Section 247.081.(b)  The arbitrator shall enter the order not later than the 60th day after the last day of the arbitration.(c)  The arbitrator shall base the order on the facts established at arbitration, including stipulations of the parties, and on the law as properly applied to those facts.(d)  The order must:(1)  be in writing;(2)  be signed and dated by the arbitrator; and(3)  include a statement of the arbitrator's decision on the contested issues and the department's and facility's stipulations on uncontested issues.(e)  The arbitrator shall file a copy of the order with the department and shall notify the department and the facility in writing of the decision.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0726, eff. April 2, 2015.|
TX Health & Safety Code § 247.095 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.095. Effect of Order

Sec. 247.095.  EFFECT OF ORDER.  An order of an arbitrator under this subchapter is final and binding on all parties.  Except as provided by Section 247.097, there is no right to appeal.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.096 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.096. Clerical Error

Sec. 247.096.  CLERICAL ERROR.  For the purpose of correcting a clerical error, an arbitrator retains jurisdiction of the award until the 20th day after the date of the award.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.097 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.097. Court Vacating Order

Sec. 247.097.  COURT VACATING ORDER.  (a)  On a finding described by Subsection (b), a court shall:(1)  on application of a facility, vacate an arbitrator's order with respect to an arbitration conducted at the election of the department; or(2)  on application of the department, vacate an arbitrator's order with respect to an arbitration conducted at the election of a facility.(b)  A court shall vacate an arbitrator's order under Subsection (a) only on a finding that:(1)  the order was procured by corruption, fraud, or misrepresentation;(2)  the decision of the arbitrator was arbitrary or capricious and against the weight of the evidence; or(3)  the order exceeded the jurisdiction of the arbitrator under Section 247.094(a).(c)  If the order is vacated, the dispute shall be remanded to the department for another arbitration proceeding.(d)  A suit to vacate an arbitrator's order must be filed not later than the 30th day after:(1)  the date of the award; or(2)  the date the facility or department knew or should have known of a basis for suit under this section, but in no event later than the first anniversary of the date of the order.(e)  Venue for a suit to vacate an arbitrator's order is in the county in which the arbitration was conducted.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.098 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.098. Enforcement of Certain Arbitration Orders for Civil Penalties

Sec. 247.098.  ENFORCEMENT OF CERTAIN ARBITRATION ORDERS FOR CIVIL PENALTIES.  (a) This section applies only to a suit for the assessment of a civil penalty under Section 247.045 in which binding arbitration has been elected under this subchapter as an alternative to the judicial proceeding.(b)  On application of a party to the suit, the district court in which the underlying suit has been filed shall enter a judgment in accordance with the arbitrator's order unless, within the time limit prescribed by Section 247.097(d)(2), a motion is made to the court to vacate the arbitrator's order in accordance with Section 247.097.(c)  A judgment filed under Subsection (b) is enforceable in the same manner as any other judgment of the court.  The court may award costs for an application made under Subsection (b) and for any proceedings held after the application is made.(d)  Subsection (b) does not affect the right of a party, in accordance with Section 247.097 and within the time limit prescribed by Section 247.097(d)(2), if applicable, to make a motion to the court or initiate a proceeding in court as provided by law to vacate the arbitrator's order or to vacate a judgment of the court entered in accordance with the arbitrator's order.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 248.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248 - Special Care Facilities|Subchapter A. General Provisions|Section 248.001. Short Title

Sec. 248.001.  SHORT TITLE.  This chapter may be cited as the Texas Special Care Facility Licensing Act.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.|
TX Health & Safety Code § 248.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248 - Special Care Facilities|Subchapter A. General Provisions|Section 248.002. Definitions

Sec. 248.002.  DEFINITIONS.  In this chapter:(1)  "Commissioner" means the commissioner of state health services.(2)  "Department" means the Department of State Health Services.(2-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(3)  "Medical care" means care that is:(A)  required for improving life span and quality of life, for comfort, for prevention and treatment of illness, and for maintenance of bodily and mental function;(B)  under the continued supervision of a physician;  and(C)  provided by a registered nurse or licensed vocational nurse available to carry out a physician's plan of care for a resident.(4)  "Nursing care" means services provided by nursing personnel as prescribed by a physician, including services to:(A)  promote and maintain health;(B)  prevent illness and disability;(C)  manage health care during acute and chronic phases of illness;(D)  provide guidance and counseling of individuals and families;  and(E)  provide referrals to physicians, other health care providers, and community resources when appropriate.(5)  "Person" means an individual, organization, establishment, or association of any kind.(6)  "Resident" means an individual accepted for care in a special care facility.(7)  "Services" means the provision of medical or nursing care, assistance, or treatment by special care facility personnel, volunteers, or other qualified individuals, agencies, or staff of an organization or other entity to meet a resident's medical, nursing, social, spiritual, and emotional needs.(8)  "Special care facility" means an institution or establishment that provides a continuum of nursing or medical care or services primarily to persons with acquired immune deficiency syndrome or other terminal illnesses.  The term includes a special residential care facility.(9)  "Bereavement services" has the meaning assigned by Section 142.001.(10)  "Palliative care" has the meaning assigned by Section 142.001.(11)  "Support services" has the meaning assigned by Section 142.001.(12)  "Residential AIDS hospice" means a facility licensed and designated as a residential AIDS hospice under this chapter.(13)  "Residential AIDS hospice care" means hospice services provided in a residential AIDS hospice.(14)  "AIDS" means acquired immune deficiency syndrome.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 30, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0727, eff. April 2, 2015.|
TX Health & Safety Code § 248.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248 - Special Care Facilities|Subchapter A. General Provisions|Section 248.003. Exemptions

Sec. 248.003.  EXEMPTIONS.  This chapter does not apply to:(1)  a home and community support services agency required to be licensed under Chapter 142;(2)  a person required to be licensed under Chapter 241 (Texas Hospital Licensing Law);(3)  an institution required to be licensed under Chapter 242;(4)  an ambulatory surgical center required to be licensed under Chapter 243 (Texas Ambulatory Surgical Center Licensing Act);(5)  a birthing center required to be licensed under Chapter 244 (Texas Birthing Center Licensing Act);(6)  a facility required to be licensed under Chapter 245 (Texas Abortion Facility Reporting and Licensing Act);(7)  a general residential operation, foster group home, foster home, and child-placing agency, for children in foster care or other residential care who are under the conservatorship of the Department of Family and Protective Services; or(8)  a person providing medical or nursing care or services under a license or permit issued under other state law.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 504, Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 800, Sec. 29, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0728, eff. April 2, 2015.|
TX Health & Safety Code § 248.021 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248 - Special Care Facilities|Subchapter B. Licensing, Fees, and Inspections|Section 248.021. License Required

Sec. 248.021.  LICENSE REQUIRED.  A person may not establish or operate a special care facility unless the person holds a license issued under this chapter.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.|
TX Health & Safety Code § 248.022 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248 - Special Care Facilities|Subchapter B. Licensing, Fees, and Inspections|Section 248.022. Application

Sec. 248.022.  APPLICATION.  (a)  An applicant for a license must submit an application to the department on a form prescribed by the department and in accordance with department rules.(b)  Each application must be accompanied by a nonrefundable license fee in an amount set by the executive commissioner by rule.(c)  The department may require that an application be approved by the local health authority or other local official for compliance with municipal ordinances on building construction, fire prevention, and sanitation.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0729, eff. April 2, 2015.|
TX Health & Safety Code § 248.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248 - Special Care Facilities|Subchapter B. Licensing, Fees, and Inspections|Section 248.023. Issuance and Renewal of License

Sec. 248.023.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  The department shall issue a license to an applicant if on inspection and investigation it finds that the applicant meets the requirements of this chapter and department rules.(b)  A license shall be renewed at the times and in accordance with department rules.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0730, eff. April 2, 2015.|
TX Health & Safety Code § 248.024 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248 - Special Care Facilities|Subchapter B. Licensing, Fees, and Inspections|Section 248.024. Fees

Sec. 248.024.  FEES.  (a)  The executive commissioner by rule shall establish a license application fee and a license renewal fee in amounts as prescribed by Section 12.0111.(b)  The executive commissioner by rule may establish other reasonable and necessary fees in amounts that are adequate, with the license application and license renewal fees, to collect sufficient revenue to meet the expenses necessary to administer this chapter.  The fees may include construction plan review and inspection fees.(c)  All fees collected under this chapter are nonrefundable.(d)  All fees received by the department shall be deposited to the credit of the General Revenue Fund.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0731, eff. April 2, 2015.|
TX Health & Safety Code § 248.025 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248 - Special Care Facilities|Subchapter B. Licensing, Fees, and Inspections|Section 248.025. Nontransferability; Posting

Sec. 248.025.  NONTRANSFERABILITY;  POSTING.  (a)  A license issued under this chapter is not transferable or assignable.(b)  A special care facility shall post in plain sight the license issued under this chapter.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.|