reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 242.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.052. Drug Testing of Employees

Sec. 242.052.  DRUG TESTING OF EMPLOYEES.  (a)  An institution may establish a drug testing policy for employees of the institution.  An institution that establishes a drug testing policy under this subsection may adopt the model drug testing policy adopted by the executive commissioner or may use another drug testing policy.(b)  The executive commissioner by rule shall adopt a model drug testing policy for use by institutions.  The model drug testing policy must be designed to ensure the safety of residents through appropriate drug testing and to protect the rights of employees.  The model drug testing policy must:(1)  require at least one scheduled drug test each year for each employee of an institution that has direct contact with a resident in the institution; and(2)  authorize random, unannounced drug testing for employees described by Subdivision (1).|Added by Acts 2001, 77th Leg., ch. 1025, Sec. 2, eff. Sept. 1, 2001.  Renumbered from Health & Safety Code Sec. 242.050 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(92), eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0614, eff. April 2, 2015.|
TX Health & Safety Code § 242.0615 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.0615. Exclusion

Sec. 242.0615.  EXCLUSION.  (a)  The department, after providing notice and opportunity for a hearing, may exclude a person from eligibility for a license under this chapter if the person or any person described by Section 242.032(d) has substantially failed to comply with this chapter and the rules adopted under this chapter.  The authority granted by this subsection is in addition to the authority to deny issuance of a license under Section 242.061(a-1).(b)  Exclusion of a person under this section must extend for a period of at least two years and may extend throughout the person's lifetime or existence.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.13, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 2.03, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 18, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1142 (S.B. 304), Sec. 2, eff. June 19, 2015.|
TX Health & Safety Code § 242.062 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.062. Emergency Suspension or Closing Order

Sec. 242.062.  EMERGENCY SUSPENSION OR CLOSING ORDER.  (a)  The department shall suspend an institution's license or order an immediate closing of part of the institution if:(1)  the department finds the institution is operating in violation of the standards prescribed by this chapter;  and(2)  the violation creates an immediate threat to the health and safety of a resident.(b)  The executive commissioner by rule shall provide for the placement of residents during the institution's suspension or closing to ensure their health and safety.(c)  An order suspending a license or closing a part of an institution under this section is immediately effective on the date on which the license holder receives written notice or a later date specified in the order.(d)  An order suspending a license or ordering an immediate closing of a part of an institution is valid for 10 days after the effective date of the order.(e)  A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve a dispute involving an emergency suspension or closing order under this section or the conduct with respect to which the emergency suspension or closing order is sought.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1094, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0615, eff. April 2, 2015.|
TX Health & Safety Code § 242.063 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.063. Injunction

Sec. 242.063.  INJUNCTION.  (a)  The department may petition a district court for:(1)  a temporary restraining order to restrain a person from a violation or threatened violation of the standards imposed under this chapter or any other law affecting residents if the department reasonably believes that the violation or threatened violation creates an immediate threat to the health and safety of a resident;  and(2)  an injunction to restrain a person from a violation or threatened violation of the standards imposed under this chapter or by any other law affecting residents if the department reasonably believes that the violation or threatened violation creates a threat to the health and safety of a resident.(b)  A district court, on petition of the department, may by injunction:(1)  prohibit a person from violating the standards or licensing requirements prescribed by this chapter;(2)  restrain or prevent the establishment, conduct, management, or operation of an institution without a license issued under this chapter;  or(3)  grant the injunctive relief warranted by the facts on a finding by the court that a person is violating or threatening to violate the standards or licensing requirements prescribed by this chapter.(c)  The attorney general, on request by the department, shall institute and conduct in the name of the state a suit authorized by this section or Subchapter D.(d)  A suit for a temporary restraining order or other injunctive relief must be brought in the county in which the alleged violation occurs.(e)  Repealed by Acts 2003, 78th Leg., ch. 198, Sec. 2.58(b).|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.14, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 2.58(a), (b), eff. Sept. 1, 2003.|
TX Health & Safety Code § 242.064 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.064. License Requirement; Criminal Penalty

Sec. 242.064.  LICENSE REQUIREMENT;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 242.031.(b)  An offense under this section is punishable by a fine of not more than $1,000 for the first offense and not more than $500 for each subsequent offense.(c)  Each day of a continuing violation after conviction is a separate offense.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 242.0663 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.0663. Violation of Law Relating to Advance Directives

Sec. 242.0663.  VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES.  (a)  The department shall assess an administrative penalty under this subchapter against an institution that violates Section 166.004.(b)  Notwithstanding Sections 242.066(b) and (c), a penalty assessed in accordance with this section shall be $500 and a separate penalty may not be assessed for a separate day of a continuing violation.(c)  Section 242.0665 does not apply to a penalty assessed in accordance with this section.|Added by Acts 1999, 76th Leg., ch. 450, Sec. 2.04, eff. Sept. 1, 1999.|
TX Health & Safety Code § 242.068 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.068. Hearings on Administrative Penalties

Sec. 242.068.  HEARINGS ON ADMINISTRATIVE PENALTIES.  (a)  An administrative law judge of the State Office of Administrative Hearings shall order a hearing and the department shall give notice of the hearing if a person charged under Section 242.067(c) requests a hearing.(b)  The hearing shall be held before an administrative law judge.(c)  The administrative law judge shall make findings of fact and conclusions of law regarding the occurrence of a violation of this chapter or a rule or order adopted or license issued under this chapter.(d)  Based on the findings of fact and conclusions of law, the administrative law judge by order shall find:(1)  a violation has occurred and assess an administrative penalty;  or(2)  a violation has not occurred.(e)  Proceedings under this section are subject to Chapter 2001, Government Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 8.088, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0619, eff. April 2, 2015.|
TX Health & Safety Code § 242.069 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.069. Notice and Payment of Administrative Penalty; Interest; Refund

Sec. 242.069.  NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;  INTEREST;  REFUND.  (a)  The department shall give notice of the decision taken under Section 242.068(d) to the person charged.  If the department finds that a violation has occurred and has assessed an administrative penalty, the department shall give written notice to the person charged of:(1)  the findings;(2)  the amount of the penalty;(3)  the rate of interest payable with respect to the penalty and the date on which interest begins to accrue;(4)  whether payment of the penalty or other action under Section 242.071 is required; and(5)  the person's right to judicial review of the order.(b)  Not later than the 30th day after the date on which the department's order is final, the person charged with the penalty shall:(1)  pay the full amount of the penalty; or(2)  file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, the failure to correct the violation to the department's satisfaction, or all of the above.(c)  Notwithstanding Subsection (b), the department may permit the person to pay the penalty in installments or may require the person to use the amount of the penalty under the department's supervision in accordance with Section 242.071.(d)  If the person does not pay the penalty within the 30-day period:(1)  the penalty is subject to interest;  and(2)  the department may refer the matter to the attorney general for collection of the penalty and interest.(e)  If a penalty is reduced or not assessed, the department shall:(1)  remit to the person charged the appropriate amount of any penalty payment plus accrued interest; or(2)  execute a release of the supersedeas bond if one has been posted.(f)  Accrued interest on amounts remitted by the department under Subsection (e)(1) shall be paid:(1)  at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank; and(2)  for the period beginning on the date the penalty is paid under Subsection (b) and ending on the date the penalty is remitted.(g)  Interest under Subsection (d) shall be paid:(1)  at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank; and(2)  for the period beginning on the date the notice of the department's order is received by the person and ending on the date the penalty is paid.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.089, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 1049, Sec. 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0620, eff. April 2, 2015.|
TX Health & Safety Code § 242.0695 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.0695. Use of Administrative Penalty

Sec. 242.0695.  USE OF ADMINISTRATIVE PENALTY.  Money from an administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code.|Added by Acts 2005, 79th Leg., Ch. 786 (S.B. 52), Sec. 2, eff. September 1, 2005.|
TX Health & Safety Code § 242.070 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.070. Application of Other Law

Sec. 242.070.  APPLICATION OF OTHER LAW.  The department may not assess more than one monetary penalty under this chapter and Chapter 32, Human Resources Code, for a violation arising out of the same act or failure to act, except as provided by Section 242.0665(c).  The department may assess the greater of a monetary penalty under this chapter or a monetary penalty under Chapter 32, Human Resources Code, for the same act or failure to act.|Added by Acts 1995, 74th Leg., ch. 1049, Sec. 4, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 2.60(a), eff. Sept. 1, 2003.|
TX Health & Safety Code § 242.072 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.072. Other Remedies

Sec. 242.072.  OTHER REMEDIES.  (a)  If the department finds that an institution has committed an act for which a civil penalty may be imposed under Section 242.065, the department may, as appropriate under the circumstances, order the institution to immediately suspend admissions.(b)  A suspension of admissions ordered under Subsection (a) is effective on the date a representative of the institution receives notice of the order and of the manner in which the order may be appealed.  The department must provide an opportunity for a hearing with respect to an appeal of the order not later than the 14th day after the date the suspension becomes effective.(c)  During the period that an institution is ordered to suspend admissions, the institution shall post a notice of the suspension on all doors providing ingress to and egress from the institution.  The notice shall be posted in the form required by the department.(d)  A person commits an offense if the person knowingly:(1)  violates Subsection (c);  or(2)  removes a notice posted under Subsection (c) before the facility is allowed to admit residents.(e)  An offense under Subsection (d) is a Class C misdemeanor.(f)  A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve a dispute involving an order suspending admissions under this section or the conduct with respect to which the order suspending admissions is sought.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.19, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1094, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0622, eff. April 2, 2015.|
TX Health & Safety Code § 242.073 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.073. Legal Action by the Attorney General

Sec. 242.073.  LEGAL ACTION BY THE ATTORNEY GENERAL.  (a)  The department and the attorney general shall work in close cooperation throughout any legal proceedings requested by the department.(b)  The commissioner must approve any settlement agreement to a suit brought under this chapter or any other law relating to the health and safety of residents in institutions.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.19, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.074 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter C. General Enforcement|Section 242.074. Notification of Change in Financial Condition

Sec. 242.074.  NOTIFICATION OF CHANGE IN FINANCIAL CONDITION.  (a)  An institution shall notify the department of a significant change in the institution's financial position, cash flow, or results of operation that could adversely affect the institution's delivery of essential services, including nursing services, dietary services, and utilities, to residents of the institution.(b)  The department may verify the financial condition of an institution in order to identify any risk to the institution's ability to deliver essential services.(c)  A person that knowingly files false information under this section may be prosecuted under the Penal Code.(d)  The executive commissioner shall adopt rules to implement this section.  The rules shall include the conditions that constitute a significant change in an institution's financial condition that are required to be reported under Subsection (a).(e)  The information obtained by the department under this section is confidential and is not subject to disclosure under Chapter 552, Government Code.  The department may release the information to:(1)  the institution;  or(2)  a person other than the institution if the institution consents in writing to the disclosure.(f)  A person who knowingly discloses information in violation of Subsection (e) commits an offense.  An offense under this subsection is a Class A misdemeanor.(g)  The provisions in Subsection (e) relating to the confidentiality of records do not apply to:(1)  an institution whose license has been revoked or suspended;  or(2)  the use of information in an administrative proceeding initiated by the department or in a judicial proceeding.|Added by Acts 1999, 76th Leg., ch. 452, Sec. 2.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0623, eff. April 2, 2015.|
TX Health & Safety Code § 242.091 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.091. Findings and Purpose

Sec. 242.091.  FINDINGS AND PURPOSE.  (a)  The legislature finds that the closing of a nursing or convalescent home for violations of laws and rules may:(1)  in certain circumstances, have an adverse effect on both the home's residents and their families;  and(2)  in some cases, result in a lack of readily available funds to meet the basic needs of the residents for food, shelter, medication, and personal services.(b)  The purpose of this subchapter is to provide for:(1)  the appointment of a trustee to assume the operations of the home in a manner that emphasizes resident care and reduces resident trauma;  and(2)  a fund to assist a court-appointed trustee in meeting the basic needs of the residents.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 242.092 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.092. Definition

Sec. 242.092.  DEFINITION.  In this subchapter, "home" means a nursing or convalescent home.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 242.093 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.093. Appointment by Agreement

Sec. 242.093.  APPOINTMENT BY AGREEMENT.  (a)  A person holding a controlling interest in a home may, at any time, request the department to assume the operation of the home through the appointment of a trustee under this subchapter.(b)  After receiving the request, the department may enter into an agreement providing for the appointment of a trustee to take charge of the home 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 trustee's appointment and authority;  and(2)  preserve all rights of the residents as granted by law.(d)  The agreement terminates at the time specified by the parties or when either party notifies the other in writing that the party wishes to terminate the appointment agreement.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|