reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 593.047 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.047. Setting on Application

Sec. 593.047.  SETTING ON APPLICATION.  On the filing of an application the court shall immediately set the earliest practicable date for a hearing to determine the appropriateness of the proposed commitment.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.048 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.048. Hearing Notice

Sec. 593.048.  HEARING NOTICE.  (a)  Not later than the 11th day before the date set for the hearing, a copy of the application, notice of the time and place of the hearing and, if appropriate, the order for the determination of an intellectual disability and interdisciplinary team report and recommendations shall be served on:(1)  the proposed resident or the proposed resident's representative;(2)  the parent if the proposed resident is a minor;(3)  the guardian of the person; and(4)  the department.(b)  The notice must specify in plain and simple language:(1)  the right to an independent determination of an intellectual disability under Section 593.007; and(2)  the provisions of Sections 593.043, 593.047, 593.049, 593.050, and 593.053.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 14, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1446, eff. April 2, 2015.|
TX Health & Safety Code § 593.049 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.049. Hearing Before Jury; Procedure

Sec. 593.049.  HEARING BEFORE JURY;  PROCEDURE.  (a)  On request of a party to the proceedings, or on the court's own motion, the hearing shall be before a jury.(b)  The Texas Rules of Civil Procedure apply to the selection of the jury, the court's charge to the jury, and all other aspects of the proceedings and trial unless the rules are inconsistent with this subchapter.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.050 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.050. Conduct of Hearing

Sec. 593.050.  CONDUCT OF HEARING.  (a)  The hearing must be open to the public unless the proposed resident or the resident's representative requests that the hearing be closed and the judge determines that there is good cause to close the hearing.(b)  The proposed resident is entitled to be present throughout the hearing.  If the court determines that the presence of the proposed resident would result in harm to the proposed resident, the court may waive the requirement in writing clearly stating the reason for the decision.(c)  The proposed resident is entitled to and must be provided the opportunity to confront and cross-examine each witness.(d)  The Texas Rules of Evidence apply.  The results of the determination of an intellectual disability and the current interdisciplinary team report and recommendations shall be presented in evidence.(e)  The party who filed the application has the burden to prove beyond a reasonable doubt that long-term placement of the proposed resident in a residential care facility is appropriate.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 15, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 1420, Sec. 10.007, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1447, eff. April 2, 2015.|
TX Health & Safety Code § 593.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.051. Dismissal After Hearing

Sec. 593.051.  DISMISSAL AFTER HEARING.  If long-term placement in a residential care facility is not found to be appropriate, the court shall enter a finding to that effect, dismiss the application, and if appropriate, recommend application for admission to voluntary services under Subchapter B.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.052. Order for Commitment

Sec. 593.052.  ORDER FOR COMMITMENT.  (a)  A proposed resident may not be committed to a residential care facility unless:(1)  the proposed resident is a person with an intellectual disability;(2)  evidence is presented showing that because of the proposed resident's intellectual disability, the proposed resident:(A)  represents a substantial risk of physical impairment or injury to the proposed resident or others; or(B)  is unable to provide for and is not providing for the proposed resident's most basic personal physical needs;(3)  the proposed resident cannot be adequately and appropriately habilitated in an available, less restrictive setting; and(4)  the residential care facility provides habilitative services, care, training, and treatment appropriate to the proposed resident's needs.(b)  If it is determined that the requirements of Subsection (a) have been met and that long-term placement in a residential care facility is appropriate, the court shall commit the proposed resident for care, treatment, and training to a community center or the department when space is available in a residential care facility.(c)  The court shall immediately send a copy of the commitment order to the department or community center.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1448, eff. April 2, 2015.|
TX Health & Safety Code § 593.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.053. Decision

Sec. 593.053.  DECISION.  The court in each case shall promptly report in writing the decision and findings of fact.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.054. Not a Judgment of Incompetence

Sec. 593.054.  NOT A JUDGMENT OF INCOMPETENCE.  An order for commitment is not an adjudication of mental incompetency.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.055. Designation of Facility

Sec. 593.055.  DESIGNATION OF FACILITY.  If placement in a residential facility is necessary, preference shall be given to the facility nearest to the residence of the proposed resident unless:(1)  space in the facility is unavailable;(2)  the proposed resident, parent if the resident is a minor, or guardian of the person requests otherwise;  or(3)  there are other compelling reasons.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter C. Commitment to Residential Care Facility|Section 593.056. Appeal

Sec. 593.056.  APPEAL.  (a)  A party to a commitment proceeding has the right to appeal the judgment to the appropriate court of appeals.(b)  The Texas Rules of Civil Procedure apply to an appeal under this section.(c)  An appeal under this section shall be given a preference setting.(d)  The county court may grant a stay of commitment pending appeal.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.071 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.071. Application of Subchapter

Sec. 593.071.  APPLICATION OF SUBCHAPTER.  This subchapter applies only to a resident admitted to a residential care facility operated by the department.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.072 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.072. Inability to Pay

Sec. 593.072.  INABILITY TO PAY.  A resident may not be denied residential care because of an inability to pay for the care.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.073 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.073. Determination of Residential Costs

Sec. 593.073.  DETERMINATION OF RESIDENTIAL COSTS.  The executive commissioner by rule may determine the cost of support, maintenance, and treatment of a resident.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1449, eff. April 2, 2015.|
TX Health & Safety Code § 593.074 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.074. Maximum Fees

Sec. 593.074.  MAXIMUM FEES.  (a)  Except as provided by this section, the department may not charge for a resident total fees from all sources that exceed the cost to the state to support, maintain, and treat the resident.(b)  The executive commissioner may use the projected cost of providing residential services to establish by rule the maximum fee that may be charged to a payer.(c)  The executive commissioner by rule may establish maximum fees on one or a combination of the following:(1)  a statewide per capita;(2)  an individual facility per capita; or(3)  the type of service provided.(d)  Notwithstanding Subsection (b), the executive commissioner by rule may establish a fee in excess of the department's projected cost of providing residential services that may be charged to a payer:(1)  who is not an individual; and(2)  whose method of determining the rate of reimbursement to a provider results in the excess.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1450, eff. April 2, 2015.|
TX Health & Safety Code § 593.075 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.075. Sliding Fee Schedule

Sec. 593.075.  SLIDING FEE SCHEDULE.  (a)  The executive commissioner by rule shall establish a sliding fee schedule for the payment by the resident's parents of the state's total costs for the support, maintenance, and treatment of a resident younger than 18 years of age.(b)  The executive commissioner by rule shall set the fee according to the parents' net taxable income and ability to pay.(c)  The parents may elect to have their net taxable income determined by their most current financial statement or federal income tax return.(d)  In determining the portion of the costs of the resident's support, maintenance, and treatment that the parents are required to pay, the department, in accordance with rules adopted by the executive commissioner, shall adjust, when appropriate, the payment required under the fee schedule to allow for consideration of other factors affecting the ability of the parents to pay.(e)  The executive commissioner shall evaluate and, if necessary, revise the fee schedule at least once every five years.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 278, Sec. 2, eff. June 5, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1451, eff. April 2, 2015.|
TX Health & Safety Code § 593.076 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.076. Fee Schedule for Divorced Parents

Sec. 593.076.  FEE SCHEDULE FOR DIVORCED PARENTS.  (a)  If the parents of a resident younger than 18 years of age are divorced, the fee charged each parent for the cost of the resident's support, maintenance, and treatment is determined by that parent's own income.(b)  If the divorced parents' combined fees exceed the maximum fee authorized under the fee schedule, the department shall equitably allocate the maximum fee between the parents in accordance with department rules, but a parent's fee may not exceed the individual fee determined for that parent under Subsection (a).|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.077 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.077. Child Support Payments for Benefit of Resident

Sec. 593.077.  CHILD SUPPORT PAYMENTS FOR BENEFIT OF RESIDENT.  (a)  Child support payments for the benefit of a resident paid or owed by a parent under court order are considered the property and estate of the resident and the:(1)  department may be reimbursed for the costs of a resident's support, maintenance, and treatment from those amounts; and(2)  executive commissioner by rule may establish a fee based on the child support obligation in addition to other fees authorized by this subchapter.(b)  The department shall credit the amount of child support a parent actually pays for a resident against monthly charges for which the parent is liable, based on ability to pay.(c)  A parent who receives child support payments for a resident is liable for the monthly charges based on the amount of child support payments actually received in addition to the liability of that parent based on ability to pay.(d)  The department may file a motion to modify a court order that establishes a child support obligation for a resident to require payment of the child support directly to the residential care facility in which the resident resides for the resident's support, maintenance, and treatment if:(1)  the resident's parent fails to pay child support as required by the order;  or(2)  the resident's parent who receives child support fails to pay charges based on the amount of child support payments received.(e)  In addition to modification of an order under Subsection (d), the court may order all past due child support for the benefit of a resident paid directly to the resident's residential care facility to the extent that the department is entitled to reimbursement of the resident's charges from the child support obligation.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1452, eff. April 2, 2015.|
TX Health & Safety Code § 593.078 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.078. Payment for Adult Residents

Sec. 593.078.  PAYMENT FOR ADULT RESIDENTS.  (a)  A parent of a resident who is 18 years of age or older is not required to pay for the resident's support, maintenance, and treatment.(b)  Except as provided by Section 593.081, a resident and the resident's estate are liable for the costs of the resident's support, maintenance, and treatment regardless of the resident's age.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.080 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.080. State Claims for Unpaid Fees

Sec. 593.080.  STATE CLAIMS FOR UNPAID FEES.  (a)  Unpaid charges accruing after January 1, 1978, and owed by a parent for the support, maintenance, and treatment of a resident are a claim in favor of the state for the cost of support, maintenance, and treatment of the resident and constitute a lien against the parent's property and estate as provided by Section 533.004, but do not constitute a lien against any other estate or property of the resident.(b)  Except as provided by Section 593.081, costs determined under Section 593.073 constitute a claim by the state against the entire estate or property of the resident, including any share the resident may have by gift, descent, or devise in the estate of the resident's parent or any other person.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 593.081 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.081. Trust Exemption

Sec. 593.081.  TRUST EXEMPTION.  (a)  If the resident is the beneficiary of a trust that has an aggregate principal of $250,000 or less, the corpus or income of the trust for the purposes of this subchapter is not considered to be the property of the resident or the resident's estate, and is not liable for the resident's support, maintenance, and treatment regardless of the resident's age.(b)  To qualify for the exemption provided by Subsection (a), the trust must be created by a written instrument, and a copy of the trust instrument must be provided to the department.(c)  A trustee of the trust shall, on the department's request, provide to the department a current financial statement that shows the value of the trust estate.(d)  The department may petition a district court to order the trustee to provide a current financial statement if the trustee does not provide the statement before the 31st day after the date on which the department makes the request.  The court shall hold a hearing on the department's petition not later than the 45th day after the date on which the petition is filed.  The court shall order the trustee to provide to the department a current financial statement if the court finds that the trustee has failed to provide the statement.(e)  Failure of the trustee to comply with the court's order is punishable by contempt.(f)  For the purposes of this section, the following are not considered to be trusts and are not entitled to the exemption provided by this section:(1)  a guardianship administered under the Estates Code;(2)  a trust established under Chapter 142, Property Code;(3)  a facility custodial account established under Section 551.003;(4)  the provisions of a divorce decree or other court order relating to child support obligations;(5)  an administration of a decedent's estate; or(6)  an arrangement in which funds are held in the registry or by the clerk of a court.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 498, Sec. 1, eff. June 18, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1453, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 9, eff. September 1, 2019.|
TX Health & Safety Code § 593.082 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 593 - Admission and Commitment to Intellectual Disability Services|Subchapter D. Fees|Section 593.082. Filing of Claims

Sec. 593.082.  FILING OF CLAIMS.  (a)  In this section:(1)  "Person responsible for a resident" means the resident, a person liable for the support of the resident, or both.(2)  "Resident" means a person admitted to a residential care facility operated by the department for persons with an intellectual disability.(b)  A county or district attorney shall, on the written request of the department, represent the state in filing a claim in probate court or a petition in a court of competent jurisdiction to require a person responsible for a resident to appear in court and show cause why the state should not have judgment against the person for the resident's support and maintenance in a residential care facility operated by the department.(c)  On a sufficient showing, the court may enter judgment against the person responsible for the resident for the costs of the resident's support and maintenance.(d)  Sufficient evidence to authorize the court to enter judgment is a verified account, sworn to by the director of the residential care facility in which the person with an intellectual disability resided or has resided, as to the amount due.(e)  The judgment may be enforced as in other cases.(f)  The county or district attorney representing the state is entitled to a commission of 10 percent of the amount collected.(g)  The attorney general shall represent the state if the county and district attorney refuse or are unable to act on the department's request.|Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1454, eff. April 2, 2015.|