reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 246.057 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.057. Cancellation of Contract: Death or Incapacity Before Occupancy

Sec. 246.057.  CANCELLATION OF CONTRACT:  DEATH OR INCAPACITY BEFORE OCCUPANCY.  (a)  A continuing care contract to provide continuing care in a living unit in a facility is canceled if the resident:(1)  dies before occupying a living unit in the facility;  or(2)  is precluded under the terms of the contract from occupying a living unit in the facility because of illness, injury, or incapacity.(b)  If a continuing care contract is canceled under this section, the resident or the resident's legal representative is entitled to a refund of all money or property transferred to the provider, minus:(1)  any nonstandard costs specifically incurred by the provider or facility at the request of the resident that are described in the contract or in an addendum to the contract signed by the resident;  and(2)  a reasonable service charge, if set out in the contract, that may not exceed the greater of $1,000 or two percent of the entrance fee.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 6, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 8, eff. June 19, 2015.|
TX Health & Safety Code § 246.058 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.058. Disclosure Statement Fees

Sec. 246.058.  DISCLOSURE STATEMENT FEES.  A facility that files a disclosure statement under Section 246.041 or 246.054 shall pay to the commissioner:(1)  a filing fee of $500;  and(2)  a fee of not more than $2 for each living unit in the facility, excluding a unit devoted to that portion of the facility that is a licensed nursing home.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 103, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.071 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.071. Entrance Fee Escrow Account; Escrow Agent

Sec. 246.071.  ENTRANCE FEE ESCROW ACCOUNT;  ESCROW AGENT.  (a)  Before a provider may accept the payment of a deposit made under a reservation agreement or any portion of an entrance fee, the provider must establish an entrance fee escrow account with a bank or trust company, as escrow agent, that is located in this state.(b)  The provider shall deposit with the escrow agent any deposit or any portion of an entrance fee received by the provider not later than 72 hours after the provider receives the deposit or fee.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 7, eff. Sept. 1, 1993.|
TX Health & Safety Code § 246.072 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.072. Return of Deposits; Release or Return of Entrance Fee

Sec. 246.072.  RETURN OF DEPOSITS;  RELEASE OR RETURN OF ENTRANCE FEE.  (a)  On a written request from or on behalf of the provider or a prospective resident, the escrow agent shall return the amount on deposit to the person who paid the deposit or shall maintain the deposit as an entrance fee in the entrance fee escrow account.(b)  Unless the escrow agent receives a written request from or on behalf of a provider or a resident for the return of an entrance fee under Section 246.056, the agent shall release the fee to the provider or place the fee in a loan reserve fund escrow.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 104, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 953, Sec. 8, eff. Sept. 1, 1993.|
TX Health & Safety Code § 246.0735 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.0735. Phase-in Facilities

Sec. 246.0735.  PHASE-IN FACILITIES.  The commissioner may create requirements for escrow release different from those under Section 246.073 for facilities that obtain a certificate of authority issued under this subchapter before the commencement of facility construction.  A facility that meets the commissioner's requirements under this section is not required to satisfy Section 246.073.|Added by Acts 2007, 80th Leg., R.S., Ch. 1228 (H.B. 2392), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 246.0736 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.0736. Continuing Release of Escrow

Sec. 246.0736.  CONTINUING RELEASE OF ESCROW.  (a)  After the initial release of an entrance fee by an escrow agent for a specific facility, the commissioner shall authorize an escrow agent to continue to release escrowed entrance fees for that facility to the provider without further proof of satisfying the requirements of Section 246.073 if:(1)  the provider provides a monthly report to the department on marketing activities for living units of the facility; and(2)  the provider immediately informs the department of any problems, issues, or irregularities encountered in its marketing activities for the facility.(b)  If the provider fails to meet the requirements of Subsection (a), the commissioner may require the provider to satisfy the requirements of Section 246.073 before the commissioner authorizes the escrow agent to continue releasing escrowed entrance fees to the provider.(c)  The commissioner shall adopt rules to implement this section.|Added by Acts 2007, 80th Leg., R.S., Ch. 1228 (H.B. 2392), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 246.0737 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.0737. Care in Residence

Sec. 246.0737.  CARE IN RESIDENCE.  The commissioner by rule shall establish requirements for escrow release different from those under Section 246.073 for money received as an entrance fee in connection with a continuing care contract in circumstances in which a living unit is not furnished to the resident.|Added by Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 9, eff. June 19, 2015.|
TX Health & Safety Code § 246.074 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.074. Return of Entrance Fee

Sec. 246.074.  RETURN OF ENTRANCE FEE.  The escrow agent shall return an entrance fee to the person who paid it if the fee is not released to the provider or placed in the loan reserve fund escrow required under Section 246.077 within:(1)  36 months after the date on which any portion of the entrance fee is received by the provider;  or(2)  a longer time specified by the provider in the disclosure statement delivered with the continuing care contract under which the fee was paid.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 106, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 953, Sec. 10, eff. Sept. 1, 1993.|
TX Health & Safety Code § 246.075 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.075. Escrow of Application Fee Not Required

Sec. 246.075.  ESCROW OF APPLICATION FEE NOT REQUIRED.  This subchapter does not require the escrow of any nonrefundable portion of a deposit or entrance fee that:(1)  does not exceed an amount equal to two percent of the entrance fee;  and(2)  is clearly designated as nonrefundable in the continuing care contract or reservation agreement.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 11, eff. Sept. 1, 1993.|
TX Health & Safety Code § 246.076 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.076. Interest Accrued on Entrance Fee Funds

Sec. 246.076.  INTEREST ACCRUED ON ENTRANCE FEE FUNDS.  Unless otherwise provided in a continuing care contract, interest that accrues on funds held in an entrance fee escrow account is the property of the provider.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 12, eff. Sept. 1, 1993.|
TX Health & Safety Code § 246.077 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.077. Reserve Fund Escrow

Sec. 246.077.  RESERVE FUND ESCROW.  (a)  When a facility is first occupied by a resident, the provider shall establish and maintain in an escrow account with a bank or trust company, as escrow agent, that is located in this state a reserve fund equal to the total of all principal and interest payments due during the next 12 months on any first mortgage loan or other long-term financing arrangement for the facility.  The requirements of this section may be met in whole or in part by other reserve funds held for the purpose of meeting loan obligations if the total amount equals or exceeds the amount required by this subsection.(b)  At the option of the facility, the loan reserve fund escrow amount may exclude the portion of principal and interest payments applicable to that portion of the facility that is a licensed nursing home.(c)  The provider shall maintain the loan reserve fund escrow in an account that is fully covered by federal deposit insurance and is separate from the provider's business account or in other accounts or investments approved by the commissioner.  The funds in the reserve fund escrow account may be invested, with earnings payable to the provider.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 107, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.078 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.078. Release of Reserve Fund Escrow

Sec. 246.078.  RELEASE OF RESERVE FUND ESCROW.  (a)  The escrow agent may release an amount equal to not more than one-twelfth of the loan reserve fund required by Section 246.077 if the provider requests the release in writing.  (b)  The escrow agent must give written notice to the board not later than the 11th day before the date of the release.(c)  The escrow agent may not release funds from the loan reserve fund escrow under this section more than once during a calendar year.  A provider at any time may apply to the commissioner for the withdrawal of all or part of the loan reserve escrow funds.  The provider may withdraw the funds on the approval of the withdrawal by the commissioner.  The application must be made and the approval given as provided by rule.(d)  The provider must repay to the loan reserve fund escrow account the amount released to the provider under Subsection (a) or (c) not later than 18 months after the date the amount is released.  The commissioner may place the provider or facility under supervision under Section 246.091 or take any other appropriate action as provided by law if the provider does not repay the loan reserve fund escrow account within the required period.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 108, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.079 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.079. Transition

Sec. 246.079.  TRANSITION.  (a)  A provider who operates a facility that existed on September 1, 1987, must comply with the filing requirements imposed under Section 246.041 and the escrow requirements imposed under Sections 246.077 and 246.078 not later than September 1, 1990.(b)  The commissioner may extend the time for compliance under this section for a reasonable period if the commissioner determines that the provider is unable to comply with this section after making a good faith effort to comply.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 109, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.080 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter D. Entrance Fee and Reserve Fund Escrow Accounts|Section 246.080. Applicability

Sec. 246.080.  APPLICABILITY.  Sections 246.071 through 246.076 do not apply to a facility that on September 1, 1987, was completed and occupied by at least one person.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 110, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.091 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter E. Supervision, Rehabilitation, and Liquidation|Section 246.091. Supervision by Commissioner

Sec. 246.091.  SUPERVISION BY COMMISSIONER.  (a)  The commissioner may place a provider or facility under supervision if:(1)  the provider draws on the provider's entrance fee escrow in an amount greater than permitted by Section 246.073;(2)  the provider draws on the provider's loan reserve fund escrow in an amount greater than permitted or more frequently than permitted by Section 246.078;(3)  the commissioner determines, after a complaint and investigation, that the provider is financially unsound or is unable to meet the income or available cash projections previously filed by the provider and that the ability of the provider to fully perform its obligations under continuing care contracts is endangered;  or(4)  the provider is bankrupt, insolvent, or has filed for protection from creditors under a federal or state reorganization, bankruptcy, or insolvency law.(b)  The commissioner appoints the supervisor.(c)  The commissioner may provide that the provider may not, during the supervision period and without the prior approval of the commissioner or the supervisor:(1)  dispose of, convey, or encumber its assets;(2)  withdraw its bank accounts;(3)  lend its funds;(4)  invest its funds;(5)  transfer its property;(6)  incur a debt, obligation, or liability;  or(7)  merge or consolidate with another facility.(d)  The commissioner shall terminate the supervision and restore to a provider the authority to manage the affairs of the facility if the commissioner determines that the facility is capable of meeting its financial obligations.(e)  The facility or provider shall pay the costs of a supervisor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 111, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.092 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter E. Supervision, Rehabilitation, and Liquidation|Section 246.092. Application for Court Order for Rehabilitation or Liquidation

Sec. 246.092.  APPLICATION FOR COURT ORDER FOR REHABILITATION OR LIQUIDATION.  (a)  The commissioner shall request the attorney general to apply to a district court of this state, or to the federal bankruptcy court that has exercised jurisdiction over a provider or facility, for an order directing the appointment of a trustee to rehabilitate or liquidate the facility if the commissioner elects not to place the facility under supervision and:(1)  the provider draws from the provider's loan reserve fund escrow an amount greater than permitted by Section 246.078;(2)  the provider does not repay the loan reserve fund escrow as required by Section 246.078;(3)  the board determines, after a complaint and investigation, that the provider is financially unsound or is unable to meet the income or available cash projections previously filed by the provider and that the ability of the provider to fully perform its obligations under continuing care contracts is endangered;  or(4)  the provider is bankrupt, insolvent, or has filed for protection from creditors under a federal or state reorganization, bankruptcy, or insolvency law.(b)  In connection with an application for an order to rehabilitate or liquidate a facility, the court shall consider the manner in which the welfare of persons who have previously contracted with the provider for continuing care at the facility may be best served, and may order that the proceeds of a lien imposed under Section 246.111 may be used in full or partial payment of entrance fees to other facilities on behalf of the residents of the facility being liquidated.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 112, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.093 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter E. Supervision, Rehabilitation, and Liquidation|Section 246.093. Order to Rehabilitate

Sec. 246.093.  ORDER TO REHABILITATE.  An order to rehabilitate a facility must direct the trustee to:(1)  take possession of the provider's property in order to conduct the business, including employing any managers or agents the trustee considers necessary;  and(2)  take action as directed by the court to eliminate the causes and conditions that made rehabilitation necessary.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.094 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter E. Supervision, Rehabilitation, and Liquidation|Section 246.094. Order to Liquidate

Sec. 246.094.  ORDER TO LIQUIDATE.  (a)  If the trustee determines that further efforts to rehabilitate the provider would be impractical or useless, the trustee may apply to the court that ordered the rehabilitation for an order of liquidation.(b)  A court that has jurisdiction may issue an order to liquidate a facility on application of the board, regardless of whether an order to rehabilitate the facility exists.  If the court issues an order to liquidate, the court shall appoint a trustee to collect and liquidate all of the provider's assets located in this state.(c)  A person may not contract for continuing care at a facility after an order to liquidate that facility has been entered.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.095 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter E. Supervision, Rehabilitation, and Liquidation|Section 246.095. Bond

Sec. 246.095.  BOND.  A court may refuse to make or may vacate an order to rehabilitate under this subchapter if the provider posts a bond that is:(1)  in an amount determined by the court to be equal to the reserve funding needed to fulfill the provider's obligations under its continuing care contracts at the facility; (2)  issued by a recognized surety authorized to do business in this state;  and(3)  executed in favor of the state on behalf of all persons entitled to refunds of entrance fees from the provider or other damages if the provider is unable to fulfill its continuing care contracts at the facility.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.096 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter E. Supervision, Rehabilitation, and Liquidation|Section 246.096. Termination of Rehabilitation

Sec. 246.096.  TERMINATION OF REHABILITATION.  (a)  A court may terminate a rehabilitation and order return of a facility and its assets and affairs to the management of the provider if the court, on petition of the trustee or the provider or on its own motion, finds that:(1)  the objectives of the order to rehabilitate the facility have been accomplished;  and(2)  the facility can be returned to the provider's management without further jeopardy to the residents, creditors, or owners of the facility or the public.(b)  A court may enter an order under this section after:(1)  a full report and accounting of the conduct of the facility's affairs during the rehabilitation;  and(2)  a report on the facility's financial condition.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.097 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter E. Supervision, Rehabilitation, and Liquidation|Section 246.097. Payment of Trustee

Sec. 246.097.  PAYMENT OF TRUSTEE.  The reasonable costs, expenses, and fees of the trustee are payable from the assets of the facility.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|