reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 251.067 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.067. Report Recommending Administrative Penalty

Sec. 251.067.  REPORT RECOMMENDING ADMINISTRATIVE PENALTY.  (a)  If after investigation of a possible violation and the facts surrounding that possible violation the department determines that a violation has occurred, the department shall give written notice of the violation to the person alleged to have committed the violation.  The notice shall include:(1)  a brief summary of the alleged violation;(2)  a statement of the amount of the proposed penalty, based on the factors listed in Section 251.066(c);  and(3)  a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.(b)  Not later than the 20th day after the date the notice is received, the person notified may accept the determination of the department made under this section, including the recommended penalty, or make a written request for a hearing on that determination.(c)  If the person notified of the violation accepts the determination of the department, the department shall order the person to pay the recommended penalty.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0766, eff. April 2, 2015.|
TX Health & Safety Code § 251.068 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.068. Hearing; Order

Sec. 251.068.  HEARING; ORDER.  (a)  If the person notified fails to respond in a timely manner to the notice under Section 251.067(b) or if the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings and an administrative law judge of that office shall conduct the hearing.(a-1)  The department shall  give written notice of the hearing to the person.(b)  The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue to the department a written proposal for decision as to the occurrence of the violation and a recommendation as to the amount of the proposed penalty if a penalty is determined to be warranted.(c)  Based on the findings of fact and conclusions of law and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and may assess a penalty, or may find that no violation has occurred.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0767, eff. April 2, 2015.|
TX Health & Safety Code § 251.070 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.070. Penalty Deposited to State Treasury

Sec. 251.070.  PENALTY DEPOSITED TO STATE TREASURY.  A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.|
TX Health & Safety Code § 251.071 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter E. Enforcement|Section 251.071. Recovery of Costs

Sec. 251.071.  RECOVERY OF COSTS.  (a)  The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's license is denied, suspended, or revoked or if administrative penalties are assessed against the person.  The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date a department order requiring the payment of expenses and costs is final.  The department may refer the matter to the attorney general for collection of the expenses and costs.(b)  If the attorney general brings an action against a person under Section 251.063 or 251.065 or to enforce an administrative penalty assessed under Section 251.066, and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.(c)  For purposes of this section, "reasonable expenses and costs" include expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0769, eff. April 2, 2015.|
TX Health & Safety Code § 251.091 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter F. Temporary Manager|Section 251.091. Appointment by Agreement

Sec. 251.091.  APPOINTMENT BY AGREEMENT.  (a)  A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager under this subchapter.(b)  After receiving the request, the department may enter into an agreement providing for the appointment of a temporary manager to manage the facility under conditions considered appropriate by both parties if the department considers the appointment desirable.(c)  An agreement under this section must:(1)  specify all terms and conditions of the temporary manager's appointment and authority;  and(2)  preserve all rights of the individuals served by the facility granted by law.(d)  The primary duty of the temporary manager is to ensure that adequate and safe services are provided to patients until temporary management ceases.(e)  The appointment terminates at the time specified by the agreement.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 251.092 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter F. Temporary Manager|Section 251.092. Involuntary Appointment

Sec. 251.092.  INVOLUNTARY APPOINTMENT.  (a)  The department may request the attorney general to bring an action in the name and on behalf of the state for the appointment of a temporary manager to manage an end stage renal disease facility if:(1)  the facility is operating without a license;(2)  the department has denied, suspended, or revoked the facility's license but the facility continues to operate;(3)  license denial, suspension, or revocation proceedings against the facility are pending and the department determines that an imminent or reasonably foreseeable threat to the health and safety of a patient of the facility exists;(4)  the department determines that an emergency exists that presents an immediate threat to the health and safety of a patient of the facility;(5)  the facility is closing and arrangements for the care of patients by other licensed facilities have not been made before closure;  or(6)  the department determines a level three corrective action plan under Section 251.061 that includes appointment of a temporary manager is necessary to address serious or life-threatening conditions at the facility.(b)  After a hearing, a court shall appoint a temporary manager to manage a facility if the court finds that the appointment of the manager is necessary.(c)  The court order shall address the duties and authority of the temporary manager, which may include management of the facility and the provision of dialysis services to facility patients until specified circumstances occur, such as new ownership of the facility, compliance with this chapter and rules adopted under this chapter, or closure of the facility.(d)  If possible, the court shall appoint as temporary manager an individual whose background includes administration of end stage renal disease facilities or similar facilities.(e)  Venue for an action under this section is in Travis County.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 251.093 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 251 - End Stage Renal Disease Facilities|Subchapter F. Temporary Manager|Section 251.093. Fee; Release of Funds

Sec. 251.093.  FEE;  RELEASE OF FUNDS.  (a)  A temporary manager appointed under Section 251.092 is entitled to a reasonable fee as determined by the court.  The fee shall be paid by the facility.(b)  The temporary manager may petition the court to order the release to the manager of any payment owed the manager for care and services provided to patients of the facility if the payment has been withheld.(c)  Withheld payments that may be released under Subsection (b) may include payments withheld by a governmental agency or other entity before or during the appointment of the temporary manager, including:(1)  Medicaid, Medicare, or insurance payments;  or(2)  payments from another third party.|Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.|
TX Health & Safety Code § 252.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.001. Purpose

Sec. 252.001.  PURPOSE.  The purpose of this chapter is to promote the public health, safety, and welfare by providing for the development, establishment, and enforcement of standards for the provision of services to individuals residing in intermediate care facilities for individuals with an intellectual disability and the establishment, construction, maintenance, and operation of facilities providing this service that, in light of advancing knowledge, will promote quality in the delivery of services and treatment of residents.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0771, eff. April 2, 2015.|
TX Health & Safety Code § 252.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.002. Definitions

Sec. 252.002.  DEFINITIONS.  In this chapter:(1)  "Commission" means the Health and Human Services Commission.(1-a)  "Commissioner" means the commissioner of aging and disability services.(2)  "Department" means the Department of Aging and Disability Services.(3)  "Designee" means a state agency or entity with which the department contracts to perform specific, identified duties related to the fulfillment of a responsibility prescribed by this chapter.(3-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(4)  "Facility" means a home or an establishment that:(A)  furnishes food, shelter, and treatment or services to four or more individuals unrelated to the owner;(B)  is primarily for the diagnosis, treatment, or rehabilitation of individuals with an intellectual disability or related conditions; and(C)  provides in a protected setting continuous evaluation, planning, 24-hour supervision, coordination, and integration of health or rehabilitative services to help each resident function at the resident's greatest ability.(5)  "Governmental unit" means the state or a political subdivision of the state, including a county or municipality.(6)  "Person" means an individual, firm, partnership, corporation, association, or joint stock company and includes a legal successor of those entities.(7)  "Resident" means an individual, including a client, with an intellectual disability or a related condition who is residing in a facility licensed under this chapter.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0772, eff. April 2, 2015.|
TX Health & Safety Code § 252.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.003. Exemptions

Sec. 252.003.  EXEMPTIONS.  Except as otherwise provided by this chapter, this chapter does not apply to:(1)  an establishment that:(A)  provides training, habilitation, rehabilitation, or education to individuals with an intellectual disability or related conditions;(B)  is operated under the jurisdiction of a state or federal agency, including the department, commission, Department of Assistive and Rehabilitative Services, Department of State Health Services, Texas Department of Criminal Justice, and United States Department of Veterans Affairs; and(C)  is certified through inspection or evaluation as meeting the standards established by the state or federal agency; or(2)  an establishment that is conducted by or for the adherents of a well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of individuals who are ill and who depend exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.094, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0773, eff. April 2, 2015.|
TX Health & Safety Code § 252.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.004. Allocated Federal Money

Sec. 252.004.  ALLOCATED FEDERAL MONEY.  The department may accept and use any money allocated by the federal government to the department for administrative expenses.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.005. Language Requirements Prohibited

Sec. 252.005.  LANGUAGE REQUIREMENTS PROHIBITED.  A facility may not prohibit a resident or employee from communicating in the person's native language with another resident or employee for the purpose of acquiring or providing care, training, or treatment.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.006. Rights of Residents

Sec. 252.006.  RIGHTS OF RESIDENTS.  Each facility shall implement and enforce Chapter 102, Human Resources Code.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.007. Paperwork Reduction Rules

Sec. 252.007.  PAPERWORK REDUCTION RULES.  (a)  The executive commissioner shall  adopt rules to reduce the amount of paperwork a facility must complete and retain.(a-1)  The department shall  attempt to reduce the amount of paperwork to the minimum amount required by state and federal law unless the reduction would jeopardize resident safety.(b)  The department and each facility shall work together to review rules and propose changes in paperwork requirements so that additional time is available for direct resident care.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0774, eff. April 2, 2015.|
TX Health & Safety Code § 252.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.008. Rules Generally

Sec. 252.008.  RULES GENERALLY.   The executive commissioner shall adopt rules related to the administration and implementation of this chapter.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 160, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0775, eff. April 2, 2015.|
TX Health & Safety Code § 252.0085 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.0085. Restraint and Seclusion

Sec. 252.0085.  RESTRAINT AND SECLUSION.  A person providing services to a resident of a facility licensed by the department under this chapter or operated by the department and exempt under Section 252.003 from the licensing requirements of this chapter shall comply with Chapter 322 and the rules adopted under that chapter.|Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 4, eff. September 1, 2005.|
TX Health & Safety Code § 252.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.009. Consultation and Coordination

Sec. 252.009.  CONSULTATION AND COORDINATION.  (a)  Whenever possible, the department shall:(1)  use the services of and consult with state and local agencies in carrying out the department's functions under this chapter; and(2)  use the facilities of the department, particularly in establishing and maintaining standards relating to the humane treatment of residents.(b)  The department may cooperate with local public health officials of a municipality or county in carrying out this chapter and may delegate to those officials the power to make inspections and recommendations to the department under this chapter.(c)  The department may coordinate its personnel and facilities with a local agency of a municipality or county and may provide advice to the municipality or county if the municipality or county decides to supplement the state program with additional rules required to meet local conditions.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0776, eff. April 2, 2015.|
TX Health & Safety Code § 252.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.010. Change of Administrators; Fee

Sec. 252.010.  CHANGE OF ADMINISTRATORS;  FEE.  A facility that hires a new administrator or other person designated as the chief management officer for the facility shall:(1)  notify the department in writing of the change not later than the 30th day after the date on which the change becomes effective;  and(2)  pay a $20 administrative fee to the department.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter A. General Provisions|Section 252.011. Prohibition of Remuneration

Sec. 252.011.  PROHIBITION OF REMUNERATION.  (a)  A facility may not receive monetary or other remuneration from a person or agency that furnishes services or materials to the facility or residents for a fee.(b)  The department may revoke the license of a facility that violates Subsection (a).|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.031. License Required

Sec. 252.031.  LICENSE REQUIRED.  A person or governmental unit, acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain a facility in this state without a license issued under this chapter.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.0311 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.0311. Person Ineligible for License

Sec. 252.0311.  PERSON INELIGIBLE FOR LICENSE.  (a)  In this section, "controlling person" means a person who, acting alone or with others, has the ability to directly or indirectly influence, direct, or cause the direction of the management, expenditure of money, or policies of a facility or a person who operates a facility.  The term includes:(1)  a management company or other business entity that operates or contracts with others for the operation of a facility;(2)  a person who is a controlling person of a management company or other business entity that operates a facility or that contracts with another person for the operation of a facility; and(3)  any other individual who, because of a personal, familial, or other relationship with the owner, manager, or provider of a facility, is in a position of actual control or authority with respect to the facility, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility.(b)  A controlling person described by Subsection (a)(3) does not include an employee, lender, secured creditor, or other person who does not exercise formal or actual influence or control over the operation of a facility.(c)  The executive commissioner may adopt rules that specify the ownership interests and other relationships that qualify a person as a controlling person.(d)  A person is not eligible for a license or to renew a license if the applicant, a controlling person with respect to the applicant, or an administrator or chief financial officer of the applicant has been convicted of an offense that would bar a person's employment at a facility in accordance with Chapter 250.|Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 10, eff. June 11, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0777, eff. April 2, 2015.|