reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 246.111 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter F. Enforcement|Section 246.111. Lien

Sec. 246.111.  LIEN.  (a)  To secure the obligations of the provider under any continuing care contract, a lien attaches on the date a resident first occupies a facility or receives services under a continuing care contract. The lien covers the real and personal property of the provider located at the facility. The provider shall prepare a written notice sworn to by an officer of the provider for each county where the provider has a facility. The notice must contain the name of the provider, the legal description of each facility of the provider, and a statement that the facility is subject to this chapter and the lien provided by this section. The provider shall file for record the notice in the real property records of each county where the provider has a facility on or before the later of January 1, 1994, or the date of the execution of the first continuing care contract relating to the facility.(b)  The commissioner may remove a lien under this section if requested by a provider to obtain secondary financing or refinancing of a facility if:(1)  the facility is financially sound;  and(2)  removal of the lien does not adversely affect the residents.(c)  A lien under this section is subordinate to any liens on the property of the facility if the proceeds of the loan secured by the liens were used in whole or in part to:(1)  construct, acquire, replace, or improve the facility;  or(2)  refinance an earlier loan used to construct, acquire, replace, or improve the facility.(d)  A lien under this section is effective for 10 years.(e)  A lien under this section may be foreclosed on application of the board if the facility is liquidated or the provider is insolvent or bankrupt.  The proceeds from a foreclosed lien shall be used for full or partial satisfaction of the provider's obligations under continuing care contracts in effect on the date of the foreclosure.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 13, 15, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 10, eff. June 19, 2015.|
TX Health & Safety Code § 246.112 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter F. Enforcement|Section 246.112. Investigations

Sec. 246.112.  INVESTIGATIONS.  The commissioner may conduct an examination or investigation as necessary to:(1)  determine whether a person has violated or is about to violate this chapter; (2)  aid in the enforcement of this chapter; (3)  determine the financial solvency of a facility;  or(4)  verify a statement contained in a disclosure statement filed or delivered under this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.113 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter F. Enforcement|Section 246.113. Production of Evidence

Sec. 246.113.  PRODUCTION OF EVIDENCE.  (a)  In an investigation or proceeding under this chapter, the board may:(1)  require or allow a person to file a written statement regarding any of the facts and circumstances concerning the matter to be investigated; (2)  administer oaths and affirmations; (3)  subpoena witnesses; (4)  compel attendance; (5)  take evidence;  and(6)  require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records considered relevant to the inquiry.(b)  The board may bring suit in district court to enforce a subpoena if the person to whom a subpoena is directed fails to comply.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.114 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter F. Enforcement|Section 246.114. Actuarial Review

Sec. 246.114.  ACTUARIAL REVIEW.  (a)  This section applies only to a facility whose contracts offer future guarantees of long-term nursing care that develop current actuarial liabilities.(b)  A facility subject to this section that initially filed with the commissioner an actuarial review performed on or after September 1, 1982, and before September 1, 1987, shall file with the commissioner subsequent actuarial reviews at five-year intervals from the date of completion of the initial actuarial review.(c)  A facility subject to this section that initially filed with the commissioner an actuarial review performed on or after September 1, 1987, shall file with the commissioner subsequent actuarial reviews at five-year intervals from the date of the filing of the initial actuarial review.(d)  The commissioner may require an actuarial review of a facility before the end of the five-year interval in which the facility would otherwise be required to file an actuarial review if, in the opinion of the commissioner, the facility exhibits conditions of financial instability warranting an earlier review.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 113, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 953, Sec. 14, eff. Sept. 1, 1993.|
TX Health & Safety Code § 246.115 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter F. Enforcement|Section 246.115. Cease and Desist Orders; Injunctions

Sec. 246.115.  CEASE AND DESIST ORDERS;  INJUNCTIONS.  (a)  The board may request that the attorney general bring an action to prohibit a person from engaging in an act or practice and to order compliance with this chapter if the board determines, after a complaint or by other means, that the act or practice violates this chapter or an order made under this chapter.(b)  The action may be brought in the district court of a county in which:(1)  the defendant resides; (2)  the defendant has done business; (3)  the principal place of business of the defendant is located;  or(4)  the transaction occurred.(c)  The court may grant an injunction or restraining order on a proper showing.  If the court grants an injunction or restraining order, the court shall issue it without bond.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.116 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter F. Enforcement|Section 246.116. Criminal Penalty

Sec. 246.116.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally violates this chapter.(b)  An offense under this section is a Class A misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.117 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter F. Enforcement|Section 246.117. Civil Liability

Sec. 246.117.  CIVIL LIABILITY.  (a)  A provider who makes a continuing care contract without complying with the disclosure statement requirement under Subchapter C, or who makes a continuing care contract with a person who has relied on a disclosure statement that omits a material fact required to be stated in the statement or necessary to make the statement accurate, is liable to the person with whom the continuing care contract is made for:(1)  actual damages; (2)  repayment of all fees paid to the provider minus the reasonable value of care and lodging provided to the person by or on whose behalf the continuing care contract was made before the violation, misstatement, or omission was discovered or reasonably should have been discovered; (3)  interest at the legal rate for judgments; (4)  court costs;  and(5)  reasonable attorney's fees.(b)  A provider is liable under this section regardless of whether the provider had actual knowledge of the misstatement or omission.(c)  A person may not file or maintain an action under this section if the person, before filing the action, received a written offer of a refund of all amounts paid to the provider, facility, or person violating this chapter and reasonable interest from the date of payment, minus the reasonable value of care and lodging provided before the receipt of the offer and:(1)  the offer states the provisions of this section;  and(2)  the recipient of the offer fails to accept the offer within 30 days after the date the offer is received.(d)  A person must bring suit under this section not later than three years after:(1)  the date on which the continuing care contract was entered into;  or(2)  the violation, misstatement, or omission is discovered or reasonably should have been discovered.(e)  Except as expressly provided by this chapter, civil liability does not arise in favor of a private party by implication from or as a result of the violation of this chapter or a rule or order adopted under this chapter.(f)  This chapter does not limit a liability that would exist under any other statute or common law if this chapter were not in effect.(g)  The provisions of this chapter are not exclusive and the remedies provided by this chapter are in addition to any other remedies provided by any other law.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 247.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter A. General Provisions|Section 247.001. Short Title

Sec. 247.001.  SHORT TITLE.  This chapter may be cited as the Assisted Living Facility Licensing Act.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 247.0011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter A. General Provisions|Section 247.0011. Scope, Purpose, and Implementation

Sec. 247.0011.  SCOPE, PURPOSE, AND IMPLEMENTATION.  (a)  The purpose of this chapter is to ensure that assisted living facilities in this state deliver the highest possible quality of care.  This chapter and the rules adopted under this chapter establish minimum acceptable levels of care, and a violation of a minimum acceptable level of care established under this chapter is a violation of law.  For purposes of this chapter, components of quality of care include:(1)  resident independence and self-determination;(2)  humane treatment;(3)  conservative intervention;(4)  access to care;(5)  continuity of care;(6)  coordination of services;(7)  safe surroundings;(8)  professionalism of service providers;(9)  participation in useful studies;  and(10)  quality of life.(b)  The executive commissioner shall protect residents of assisted living facilities by:(1)  adopting rules relating to quality of care and quality of life; and(2)  adopting rules relating to the assessment of the condition and service needs of each resident.(b-1)  The department shall protect residents of assisted living facilities by:(1)  promoting policies that maximize the dignity, autonomy, privacy, and independence of each resident;(2)  regulating the construction, maintenance, and operation of assisted living facilities;(3)  strictly monitoring factors relating to the health, safety, welfare, and dignity of each resident;(4)  imposing prompt and effective remedies for violations of this chapter and rules and standards adopted under this chapter;(5)  promoting a residential environment that allows residents to maintain the highest possible degree of independence and self-determination; and(6)  providing the public with helpful and understandable information relating to the operation of assisted living facilities in this state.(c)  Assisted living services are driven by a service philosophy that emphasizes personal dignity, autonomy, independence, and privacy.  Assisted living services should enhance a person's ability to age in place in a residential setting while receiving increasing or decreasing levels of service as the person's needs change.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0695, eff. April 2, 2015.|
TX Health & Safety Code § 247.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter A. General Provisions|Section 247.003. Application of Other Law

Sec. 247.003.  APPLICATION OF OTHER LAW.  (a)  Except as provided by Subsections (b) and (c), Chapter 242 does not apply to an assisted living facility licensed under this chapter.(b)  Subchapter D, Chapter 242, applies to an assisted living facility, and the department shall administer and enforce that subchapter for an assisted living facility in the same manner it is administered and enforced for a nursing home.(c)  Except as provided by this subsection, Subchapter R, Chapter 242, applies to an assisted living facility, and the department shall administer that subchapter for an assisted living facility in the same manner it is administered and enforced for a nursing home, but shall enforce that subchapter in accordance with the sanctions authorized by this chapter.  Sections 242.851 and 242.852 do not apply to an assisted living facility or to conduct within an assisted living facility.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 160, Sec. 1, eff. May 27, 2003.|
TX Health & Safety Code § 247.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter A. General Provisions|Section 247.004. Exemptions

Sec. 247.004.  EXEMPTIONS.  This chapter does not apply to:(1)  a boarding home facility as defined by Section 260.001;(2)  an establishment conducted by or for the adherents of the Church of Christ, Scientist, for the purpose of providing facilities for the care or treatment of the sick who depend exclusively on prayer or spiritual means for healing without the use of any drug or material remedy if the establishment complies with local safety, sanitary, and quarantine ordinances and regulations;(3)  a facility conducted by or for the adherents of a qualified religious society classified as a tax-exempt organization under an Internal Revenue Service group exemption ruling for the purpose of providing personal care services without charge solely for the society's professed members or ministers in retirement, if the facility complies with local safety, sanitation, and quarantine ordinances and regulations; or(4)  a facility that provides personal care services only to persons enrolled in a program that:(A)  is funded in whole or in part by the department and that is monitored by the department or its designated local intellectual and developmental disability authority in accordance with department rules; or(B)  is funded in whole or in part by the Department of State Health Services and that is monitored by that department, or by its designated local mental health authority in accordance with department rules.|Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 608, Sec. 1, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1106 (H.B. 216), Sec. 3, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(5), eff. September 1, 2011.Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.08(b), eff. September 28, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0698, eff. April 2, 2015.|
TX Health & Safety Code § 247.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter A. General Provisions|Section 247.005. Controlling Person

Sec. 247.005.  CONTROLLING PERSON.  (a)  A person is a controlling person if the person, 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 an assisted living facility or other person.(b)  For purposes of this chapter, "controlling person" includes:(1)  a management company, landlord, or other business entity that operates or contracts with others for the operation of an assisted living facility;(2)  a person who is a controlling person of a management company or other business entity that operates an assisted living facility or that contracts with another person for the operation of an assisted living facility;  and(3)  any other individual who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of an assisted living 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-1)  Notwithstanding any other provision of this section, for purposes of this chapter, a controlling person of an assisted living facility or of a management company or other business entity described by Subsection (b)(1) that is a publicly traded corporation or is controlled by a publicly traded corporation means an officer or director of the corporation.  The term does not include a shareholder or lender of the publicly traded corporation.(c)  A controlling person described by Subsection (b)(3) does not include an employee, lender, secured creditor, landlord, or other person who does not exercise formal or actual influence or control over the operation of an assisted living facility.(d)  The executive commissioner may adopt rules that specify the ownership interests and other relationships that qualify a person as a controlling person.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 3, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0699, eff. April 2, 2015.|
TX Health & Safety Code § 247.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter A. General Provisions|Section 247.007. Compliance With Chapter 260a

Sec. 247.007.  COMPLIANCE WITH CHAPTER 260A.  (a)  An assisted living facility shall comply with Chapter 260A and the rules adopted under that chapter.(b)  A person, including an owner or employee of an assisted living facility, shall comply with Chapter 260A and the rules adopted under that chapter.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(i), eff. September 28, 2011.|
TX Health & Safety Code § 247.0211 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter B. Licensing, Fees, and Inspections|Section 247.0211. Expedited Inspection

Sec. 247.0211.  EXPEDITED INSPECTION.  (a)  The executive commissioner shall adopt rules to implement an expedited inspection process that allows an applicant for an assisted living facility license or for a renewal of a license to obtain:(1)  a life safety code and physical plant inspection not later than the 15th day after the date the request is made; or(2)  an on-site health inspection not later than the 21st day after the date the request is made.(b)  The department may charge a fee to recover the cost of the expedited inspection.|Added by Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 5, eff. September 1, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0701, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 362 (H.B. 823), Sec. 1, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 362 (H.B. 823), Sec. 2, eff. September 1, 2019.|
TX Health & Safety Code § 247.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter B. Licensing, Fees, and Inspections|Section 247.023. Issuance and Renewal of License

Sec. 247.023.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  The commission shall issue a license if, after inspection and investigation, it finds that the applicant, the assisted living facility, and all controlling persons with respect to the applicant or facility meet the requirements of this chapter and the standards adopted under this chapter.  The license expires on the third anniversary of the date of its issuance.  The executive commissioner by rule shall adopt a system under which licenses expire on staggered dates during each three-year period.  The commission shall prorate the license fee as appropriate if the expiration date of a license changes as a result of this subsection.(b)  To renew a license, the license holder must submit to the commission the license renewal fee.(c)  The commission may require participation in a continuing education program as a condition of renewal of a license.  The executive commissioner shall adopt rules to implement this subsection.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 14, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0703, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 5, eff. September 1, 2017.|
TX Health & Safety Code § 247.0231 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter B. Licensing, Fees, and Inspections|Section 247.0231. Compliance Record in Other States

Sec. 247.0231.  COMPLIANCE RECORD IN OTHER STATES.  The department may require an applicant or license holder to provide the department with information relating to compliance by the applicant, the license holder, or a controlling person with respect to the applicant or license holder with regulatory requirements in another state in which the applicant, license holder, or controlling person operates or operated an assisted living facility.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.|