reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 260.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260 - Boarding Home Facilities|Section 260.009. Reporting and Investigation of Abuse, Neglect, or Exploitation

Sec. 260.009.  REPORTING AND INVESTIGATION OF ABUSE, NEGLECT, OR EXPLOITATION.  (a)  A person, including an owner, operator, or employee of a boarding home facility that holds a permit issued by a county or municipality, who has cause to believe that a resident who is an elderly person or a person with a disability is being or has been abused, neglected, or exploited shall report the abuse, neglect, or exploitation to the Department of Family and Protective Services for investigation by that agency.  The Department of Family and Protective Services shall investigate the allegation of abuse, neglect, or exploitation as authorized and in the manner provided by Chapter 48, Human Resources Code.(b)  Each boarding home facility that holds a permit issued by a county or municipality shall require each employee of the boarding home facility, as a condition of employment with the boarding home facility, to sign a statement that the employee acknowledges that the employee may be criminally liable under Section 48.052, Human Resources Code, for failure to report abuse, neglect, or exploitation.(c)  An owner, operator, or employee of a boarding home facility that holds a permit issued by a county or municipality may not retaliate against an employee of the facility who in good faith makes a complaint to the office of the inspector general of the Health and Human Services Commission, cooperates with the office of the inspector general in an investigation, or reports abuse, neglect, or exploitation of a resident to the Department of Family and Protective Services.|Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.|
TX Health & Safety Code § 260.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260 - Boarding Home Facilities|Section 260.010. Annual Report to Commission; Legislative Report

Sec. 260.010.  ANNUAL REPORT TO COMMISSION; LEGISLATIVE REPORT.  (a)  Not later than September 30 of each year following the establishment of a county or municipal permitting requirement under this chapter, each county or municipality that requires a person to obtain a boarding home facility permit under Section 260.004 shall submit to the commission a report.  The report must include:(1)  the total number of:(A)  boarding home facilities permitted during the preceding state fiscal year;(B)  boarding home facility applications denied permitting, including a summary of cause for denial; and(C)  boarding home facility permits active on August 31 of the preceding state fiscal year;(2)  the total number of residents reported housed in each boarding home facility reported;(3)  the total number of inspections conducted at each boarding home facility by the county or municipality that requires the permit; and(4)  the total number of permits revoked or suspended as a result of an inspection described by Subdivision (3) and a summary of the outcome for the residents displaced by revocation or suspension of a permit.(b)  The commission shall establish and maintain a standardized compilation of information reported under this section and provide to the legislature a report of this information not later than January 1 of each odd-numbered year.|Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(9), eff. September 1, 2011.|
TX Health & Safety Code § 260.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260 - Boarding Home Facilities|Section 260.011. Exclusion Prohibited

Sec. 260.011.  EXCLUSION PROHIBITED.  If an entity meets the requirements established by a county or municipality under this chapter, the entity may not be excluded from a residential area by zoning ordinances or similar regulations.|Redesignated from Health and Safety Code, Chapter 254 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(28), eff. September 1, 2011.|
TX Health & Safety Code § 260A.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.001. Definitions

Sec. 260A.001.  DEFINITIONS.  In this chapter:(1)  "Abuse" means:(A)  the negligent or wilful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to a resident by the resident's caregiver, family member, or other individual who has an ongoing relationship with the resident; or(B)  sexual abuse of a resident, including any involuntary or nonconsensual sexual conduct that would constitute an offense under Section 21.08, Penal Code (indecent exposure), or Chapter 22, Penal Code (assaultive offenses), committed by the resident's caregiver, family member, or other individual who has an ongoing relationship with the resident.(2)  "Department" means the Department of Aging and Disability Services.(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(4)  "Exploitation" means the illegal or improper act or process of a caregiver, family member, or other individual who has an ongoing relationship with the resident using the resources of a resident for monetary or personal benefit, profit, or gain without the informed consent of the resident.(5)  "Facility" means:(A)  an institution as that term is defined by Section 242.002;(B)  an assisted living facility as that term is defined by Section 247.002; and(C)  a prescribed pediatric extended care center as that term is defined by Section 248A.001.(6)  "Neglect" means the failure to provide for one's self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caregiver to provide such goods or services.(7)  "Resident" means an individual, including a patient, who resides in or receives services from a facility.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 5, eff. September 1, 2013.|
TX Health & Safety Code § 260A.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.002. Reporting of Abuse, Neglect, and Exploitation

Sec. 260A.002.  REPORTING OF ABUSE, NEGLECT, AND EXPLOITATION.  (a)  A person, including an owner or employee of a facility, who has cause to believe that the physical or mental health or welfare of a resident has been or may be adversely affected by abuse, neglect, or exploitation caused by another person shall report the abuse, neglect, or exploitation in accordance with this chapter.(a-1)  Notwithstanding any other provision of this chapter, a report made under this section that a provider is or may be alleged to have committed abuse, neglect, or exploitation of a resident of a facility other than a prescribed pediatric extended care center shall be investigated by the Department of Family and Protective Services in accordance with Subchapter F, Chapter 48, Human Resources Code, and this chapter does not apply to that investigation.  In this subsection, "facility" and "provider" have the meanings assigned by Section 48.251, Human Resources Code.(b)  Each facility shall require each employee of the facility, as a condition of employment with the facility, to sign a statement that the employee realizes that the employee may be criminally liable for failure to report those abuses.(c)  A person shall make an oral report immediately on learning of the abuse, neglect, or exploitation and shall make a written report to the department not later than the fifth day after the oral report is made.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 14, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 8, eff. September 1, 2015.|
TX Health & Safety Code § 260A.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.003. Contents of Report

Sec. 260A.003.  CONTENTS OF REPORT.  (a)  A report of abuse, neglect, or exploitation is nonaccusatory and reflects the reporting person's belief that a resident has been or will be abused, neglected, or exploited or has died of abuse or neglect.(b)  The report must contain:(1)  the name and address of the resident;(2)  the name and address of the person responsible for the care of the resident, if available; and(3)  other relevant information.(c)  Except for an anonymous report under Section 260A.004, a report of abuse, neglect, or exploitation under Section 260A.002 should also include the address or phone number of the person making the report so that an investigator can contact the person for any necessary additional information.  The phone number, address, and name of the person making the report must be deleted from any copy of any type of report that is released to the public, to the facility, or to an owner or agent of the facility.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.004. Anonymous Reports of Abuse, Neglect, or Exploitation

Sec. 260A.004.  ANONYMOUS REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION.  (a)  An anonymous report of abuse, neglect, or exploitation, although not encouraged, shall be received and acted on in the same manner as an acknowledged report.(b)  An anonymous report about a specific individual that accuses the individual of abuse, neglect, or exploitation need not be investigated.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.005. Telephone Hotline; Processing of Reports

Sec. 260A.005.  TELEPHONE HOTLINE; PROCESSING OF REPORTS.  (a)  The department shall operate the department's telephone hotline to:(1)  receive reports of abuse, neglect, or exploitation; and(2)  dispatch investigators.(b)  A report of abuse, neglect, or exploitation shall be made to the department's telephone hotline or to a local or state law enforcement agency.  A report made relating to abuse, neglect, or exploitation or another complaint described by Section 260A.007(c)(1) shall be made to the department's telephone hotline and to the law enforcement agency described by Section 260A.017(a).(c)  Except as provided by Section 260A.017, a local or state law enforcement agency that receives a report of abuse, neglect, or exploitation shall refer the report to the department.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.006. Notice

Sec. 260A.006.  NOTICE.  (a)  Each facility shall prominently and conspicuously post a sign for display in a public area of the facility that is readily available to residents, employees, and visitors.(b)  The sign must include the statement:  CASES OF SUSPECTED ABUSE, NEGLECT, OR EXPLOITATION SHALL BE REPORTED TO THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES BY CALLING (insert telephone hotline number).(c)  A facility shall provide the telephone hotline number to an immediate family member of a resident of the facility upon the resident's admission into the facility.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.008. Confidentiality

Sec. 260A.008.  CONFIDENTIALITY.  A report, record, or working paper used or developed in an investigation made under this chapter and the name, address, and phone number of any person making a report under this chapter are confidential and may be disclosed only for purposes consistent with rules adopted by the executive commissioner.  The report, record, or working paper and the name, address, and phone number of the person making the report shall be disclosed to a law enforcement agency as necessary to permit the law enforcement agency to investigate a report of abuse, neglect, exploitation, or other complaint in accordance with Section 260A.017.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.009. Immunity

Sec. 260A.009.  IMMUNITY.  (a)  A person who reports as provided by this chapter is immune from civil or criminal liability that, in the absence of the immunity, might result from making the report.(b)  The immunity provided by this section extends to participation in any judicial proceeding that results from the report.(c)  This section does not apply to a person who reports in bad faith or with malice.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.010. Privileged Communications

Sec. 260A.010.  PRIVILEGED COMMUNICATIONS.  In a proceeding regarding the abuse, neglect, or exploitation of a resident or the cause of any abuse, neglect, or exploitation, evidence may not be excluded on the ground of privileged communication except in the case of a communication between an attorney and client.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.011. Central Registry

Sec. 260A.011.  CENTRAL REGISTRY.  (a)  The department shall maintain in the city of Austin a central registry of reported cases of resident abuse, neglect, or exploitation.(b)  The executive commissioner may adopt rules necessary to carry out this section.(c)  The rules shall provide for cooperation with hospitals and clinics in the exchange of reports of resident abuse, neglect, or exploitation.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.012. Failure to Report; Criminal Penalty

Sec. 260A.012.  FAILURE TO REPORT; CRIMINAL PENALTY.  (a)  A person commits an offense if the person has cause to believe that a resident's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation and knowingly fails to report in accordance with Section 260A.002.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.013. Bad Faith, Malicious, or Reckless Reporting; Criminal Penalty

Sec. 260A.013.  BAD FAITH, MALICIOUS, OR RECKLESS REPORTING; CRIMINAL PENALTY.  (a)  A person commits an offense if the person reports under this chapter in bad faith, maliciously, or recklessly.(b)  An offense under this section is a Class A misdemeanor.(c)  The criminal penalty provided by this section is in addition to any civil penalties for which the person may be liable.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.015 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.015. Retaliation Against Volunteers, Residents, or Family Members or Guardians of Residents

Sec. 260A.015.  RETALIATION AGAINST VOLUNTEERS, RESIDENTS, OR FAMILY MEMBERS OR GUARDIANS OF RESIDENTS.  (a)  A facility may not retaliate or discriminate against a volunteer, resident, or family member or guardian of a resident because the volunteer, resident, resident's family member or guardian, or any other person:(1)  makes a complaint or files a grievance concerning the facility;(2)  reports a violation of law, including a violation of Chapter 242 or 247 or a rule adopted under Chapter 242 or 247; or(3)  initiates or cooperates in an investigation or proceeding of a governmental entity relating to care, services, or conditions at the facility.(b)  A volunteer, resident, or family member or guardian of a resident who is retaliated or discriminated against in violation of Subsection (a) is entitled to sue for:(1)  injunctive relief;(2)  the greater of $1,000 or actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;(3)  exemplary damages;(4)  court costs; and(5)  reasonable attorney's fees.(c)  A volunteer, resident, or family member or guardian of a resident who seeks relief under this section must report the alleged violation not later than the 180th day after the date on which the alleged violation of this section occurred or was discovered by the volunteer, resident, or family member or guardian of the resident through reasonable diligence.(d)  A suit under this section may be brought in the district court of the county in which the facility is located or in a district court of Travis County.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.016 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.016. Reports Relating to Deaths of Residents of an Institution

Sec. 260A.016.  REPORTS RELATING TO DEATHS OF RESIDENTS OF AN INSTITUTION.  (a)  In this section, "institution" has the meaning assigned by Section 242.002.(b)  An institution shall submit a report to the department concerning deaths of residents of the institution.  The report must be submitted not later than the 10th day after the last day of each month in which a resident of the institution dies.  The report must also include the death of a resident occurring within 24 hours after the resident is transferred from the institution to a hospital.(c)  The institution must make the report on a form prescribed by the department.  The report must contain the name and social security number of the deceased.(d)  The department shall correlate reports under this section with death certificate information to develop data relating to the:(1)  name and age of the deceased;(2)  official cause of death listed on the death certificate;(3)  date, time, and place of death; and(4)  name and address of the institution in which the deceased resided.(e)  Except as provided by Subsection (f), a record under this section is confidential and not subject to the provisions of Chapter 552, Government Code.(f)  The department shall develop statistical information on official causes of death to determine patterns and trends of incidents of death among residents and in specific institutions.  Information developed under this subsection is public.(g)  A licensed institution shall make available historical statistics on all required information on request of an applicant or applicant's representative.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|
TX Health & Safety Code § 260A.017 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities|Section 260A.017. Duties of Law Enforcement; Joint Investigation

Sec. 260A.017.  DUTIES OF LAW ENFORCEMENT; JOINT INVESTIGATION.  (a)  The department shall investigate a report of abuse, neglect, exploitation, or other complaint described by Section 260A.007(c)(1) jointly with:(1)  the municipal law enforcement agency, if the facility is located within the territorial boundaries of a municipality; or(2)  the sheriff's department of the county in which the facility is located, if the facility is not located within the territorial boundaries of a municipality.(b)  The law enforcement agency described by Subsection (a) shall acknowledge the report of abuse, neglect, exploitation, or other complaint and begin the joint investigation required by this section within 24 hours after receipt of the report or complaint.  The law enforcement agency shall cooperate with the department and report to the department the results of the investigation.(c)  The requirement that the law enforcement agency and the department conduct a joint investigation under this section does not require that a representative of each agency be physically present during all phases of the investigation or that each agency participate equally in each activity conducted in the course of the investigation.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.|