reglab/housing_qa huggingface dataset:
TX Hum Res Code § 103.001 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.001. Purpose

Sec. 103.001.  PURPOSE.  It is the purpose of this chapter to establish programs of quality day activity and health services that will enable persons with disabilities who have medical or functional impairments and elderly persons to maintain maximum independence and to prevent premature or inappropriate institutionalization.  It is the purpose of this chapter to provide adequately regulated supervision for elderly persons and persons with disabilities while enabling them to remain in a family environment and affording the family a measure of normality in its daily activities.  The legislature intends to provide for the development of policies and programs that will:(1)  provide alternatives to institutionalization;(2)  establish facilities for day activity and health services throughout the state that offer services and are accessible to economically disadvantaged persons; and(3)  prevent inappropriate institutionalization.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.364, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 6, eff. June 19, 2015.|
TX Hum Res Code § 103.002 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.002. Short Title

Sec. 103.002.  SHORT TITLE.  This chapter may be cited as the Day Activity and Health Services Act.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 6, eff. June 19, 2015.|
TX Hum Res Code § 103.003 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.003. Definitions

Sec. 103.003.  DEFINITIONS.  In this chapter:(1)  "Commission" means the Health and Human Services Commission.(1-a)  "Day activity and health services facility" means a facility that provides services under a day activity and health services program on a daily or regular basis but not overnight to four or more elderly persons or persons with disabilities who are not related by blood, marriage, or adoption to the owner of the facility.(2)  "Day activity and health services program" means a structured, comprehensive program that is designed to meet the needs of adults with functional impairments through an individual plan of care by providing health, social, and related support services in a protective setting.(3)  "Department" means the Department of Aging and Disability Services.(4)  "Elderly person" means a person 65 years of age or older.(4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(4-b)  "Facility" means a day activity and health services facility.(5)  "Person with a disability" means a person whose functioning is sufficiently impaired to require frequent medical attention, counseling, physical therapy, therapeutic or corrective equipment, or another person's attendance and supervision.(6)  "Person" means an individual, corporation, or association.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.  Amended by Acts 1985, 69th Leg., ch. 264, Sec. 27, eff. Aug. 26, 1985;  Acts 1993, 73rd Leg., ch. 434, Sec. 2, eff. Jan. 1, 1994.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.365, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 7, eff. June 19, 2015.Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 17, eff. September 1, 2017.|
TX Hum Res Code § 103.004 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.004. Department and Executive Commissioner Duties

Sec. 103.004.  DEPARTMENT AND EXECUTIVE COMMISSIONER DUTIES.  (a)  The executive commissioner shall adopt rules for implementing this chapter.(b)  The executive commissioner shall set standards for:(1)  the health and welfare of persons attending a facility;(2)  the eligibility of persons to attend a facility;(3)  the scope of services provided by a facility;(4)  adequate supervision for persons attending a facility;(5)  the professional staff and other personnel at a facility;(6)  adequate and healthful food service, where it may be offered;(7)  procedures for consultation with family members, case workers, or other persons responsible for the welfare of a person attending a facility; and(8)  prohibiting racial discrimination.(c)  The department may contract with a political subdivision or a person for transporting persons to a facility.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.366, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.367, eff. April 2, 2015.|
TX Hum Res Code § 103.0041 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.0041. License Required

Sec. 103.0041.  LICENSE REQUIRED.  (a)  A person may not operate a day activity and health services facility without a license issued under this chapter.(b)  A person commits an offense if the person violates Subsection (a) of this section.  An offense under this subsection is a Class A misdemeanor.|Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1, 1994.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 8, eff. June 19, 2015.|
TX Hum Res Code § 103.005 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.005. Licensing Duties

Sec. 103.005.  LICENSING DUTIES.  The executive commissioner shall:(1)  adopt rules for the licensing procedures for a licensed facility; and(2)  set standards for the safety and sanitation requirements for a licensed facility.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.102, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.368, eff. April 2, 2015.|
TX Hum Res Code § 103.006 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.006. License

Sec. 103.006.  LICENSE.  (a)  The commission shall issue a license to operate a day activity and health services facility to a person who has met the application requirements and received approval after an on-site inspection.(b)  The license expires three years from the date of its issuance.  The executive commissioner by rule shall adopt a system under which licenses expire on staggered dates during the 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.(c)  An applicant for a license under this chapter who has a health care provider license is entitled to have inspections and license renewal procedures coordinated so that one inspection may fulfill various licensing requirements.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 434, Sec. 3, eff. Jan. 1, 1994;  Acts 1995, 74th Leg., ch. 76, Sec. 8.103, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 3, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.369, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 9, eff. June 19, 2015.Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 18, eff. September 1, 2017.|
TX Hum Res Code § 103.007 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.007. License Application

Sec. 103.007.  LICENSE APPLICATION.  (a)  An applicant for a license to operate a day activity and health services facility must file an application on a form prescribed by the commission together with a license fee of $75.(b)  The applicant must provide evidence of:(1)  the ability to comply with the requirements of the commission;(2)  responsible management; and(3)  qualified professional staff and personnel.(c)  A person who operates a facility that is licensed under this chapter must file an application for a renewal license not later than the 45th day before the expiration date of the current license on a form prescribed by the commission together with a renewal fee of $50.(d)  An applicant for a license renewal who submits an application later than the 45th day before the expiration date of the license is subject to a late fee in accordance with commission rules.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 434, Sec. 4, eff. Jan. 1, 1994;  Acts 1995, 74th Leg., ch. 76, Sec. 8.104, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 4, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 10, eff. June 19, 2015.Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 19, eff. September 1, 2017.|
TX Hum Res Code § 103.0075 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.0075. Early Compliance Review

Sec. 103.0075.  EARLY COMPLIANCE REVIEW.  (a)  The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify a day activity and health services facility may submit building plans to the department for review for compliance with the department's architectural requirements before beginning construction or modification.  In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans.(b)  The department shall, within 30 days, review plans submitted under this section for compliance with the department's architectural requirements and inform the person in writing of the results of the review.  If the plans comply with the department's architectural requirements, the department may not subsequently change the architectural requirements applicable to the project unless:(1)  the change is required by federal law;  or(2)  the person fails to complete the project within a reasonable time.(c)  The department may charge a reasonable fee adopted by the executive commissioner by rule for conducting a review under this section.(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(90), eff. April 2, 2015.(e)  The review procedure provided by this section does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced by the Texas Department of Licensing and Regulation.|Added by Acts 2001, 77th Leg., ch. 339, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.370, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(90), eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 11, eff. June 19, 2015.|
TX Hum Res Code § 103.008 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.008. Inspections

Sec. 103.008.  INSPECTIONS.  (a)  In addition to the inspection required under Section 103.006(a), the commission:(1)  shall inspect each facility every two years following the initial inspection required under Section 103.006(a); and(2)  may inspect a facility at other reasonable times as necessary to ensure compliance with this chapter.(b)  Any person may request an inspection of a facility by notifying the commission in writing of an alleged violation of a licensing requirement.  The complaint shall be as detailed as possible and signed by the complainant.  The commission shall perform an on-site inspection as soon as feasible but no later than 30 days after receiving the complaint unless after an investigation the complaint is found to be frivolous.  The commission shall respond to a complainant in writing.  The commission shall also receive and investigate anonymous complaints.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.105, eff. Sept. 1, 1995.Amended by: Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 20, eff. September 1, 2017.|
TX Hum Res Code § 103.009 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.009. License Denial, Suspension, or Revocation

Sec. 103.009.  LICENSE DENIAL, SUSPENSION, OR REVOCATION.  (a)  The department may deny, suspend, or revoke the license of an applicant or holder of a license who fails to comply with the rules or standards for licensing required by this chapter or has committed an act described by Sections 103.012(a)(2)-(7).(b)  The denial, suspension, or revocation of a license and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 434, Sec. 5, eff. Jan. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 8.106, eff. Sept. 1, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.17, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 32, eff. September 1, 2011.|
TX Hum Res Code § 103.0091 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.0091. Injunction

Sec. 103.0091.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that the violation creates an immediate threat to the health and safety of the day activity and health services facility residents.(b)  A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter, may by injunction:(1)  prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter;(2)  restrain or prevent the establishment or operation of a facility without a license issued under this chapter;  or(3)  grant any other injunctive relief warranted by the facts.(c)  The attorney general may institute and conduct a suit authorized by this section at the request of the department.(d)  Venue for a suit brought under this section is in the county in which the facility is located or in Travis County.|Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.107, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 12, eff. June 19, 2015.|
TX Hum Res Code § 103.0092 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.0092. Emergency Suspension and Closing Order

Sec. 103.0092.  EMERGENCY SUSPENSION AND CLOSING ORDER.  (a)  If the department finds a day activity and health services facility operating in violation of the standards prescribed by this chapter and the violations create an immediate threat to the health and safety of a resident in the facility, the department shall suspend the license or order immediate closing of all or part of the facility.(b)  The order suspending a license under Subsection (a) is immediately effective on written notice to the license holder or on the date specified on the order.(c)  The order suspending the license and ordering closure of all or part of a facility is valid for 10 days after the effective date.|Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.108, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 13, eff. June 19, 2015.|
TX Hum Res Code § 103.010 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.010. Disposition of Funds

Sec. 103.010.  DISPOSITION OF FUNDS.  (a)  All fees collected under this chapter shall be deposited to the credit of the General Revenue Fund.(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(91), eff. April 2, 2015.|Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(91), eff. April 2, 2015.|
TX Hum Res Code § 103.011 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.011. Rights of the Elderly

Sec. 103.011.  RIGHTS OF THE ELDERLY.  (a)  In addition to other rights an individual attending a day activity and health services facility has as a citizen, an individual who is 55 years of age or older has the rights prescribed by Chapter 102 of this code.(b)  The department shall require each day activity and health services facility to implement and enforce the applicable provisions of Chapter 102 of this code.|Added by Acts 1985, 69th Leg., ch. 117, Sec. 1(a), eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 7.06, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 434, Sec. 6, eff. Jan. 1, 1994;  Acts 1995, 74th Leg., ch. 76, Sec. 8.109, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 14, eff. June 19, 2015.|
TX Hum Res Code § 103.015 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.015. Administrative Penalty Hearing

Sec. 103.015.  ADMINISTRATIVE PENALTY HEARING.  (a)  An administrative law judge shall order a hearing and give notice of the hearing if a person assessed a penalty under Section 103.013(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, a rule or order adopted under this chapter, or a term of a license issued under this chapter.(d)  Based on the findings of fact and conclusions of law, and the recommendation of the administrative law judge, the department 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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 4.01, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 33, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.373, eff. April 2, 2015.|
TX Hum Res Code § 103.016 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 103 - Day Activity and Health Services|Section 103.016. Notice and Payment of Administrative Penalty; Interest; Refund

Sec. 103.016.  NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY; INTEREST; REFUND.  (a)  The department shall give notice of the findings made under Section 103.015(d) to the person charged with a violation.  If the department finds that a violation has occurred, the department shall give to the person charged written notice of:(1)  the findings;(2)  the amount of the administrative penalty;(3)  the rate of interest payable with respect to the penalty and the date on which interest begins to accrue; and(4)  the person's right to judicial review of the department's order.(b)  Not later than the 30th day after the date on which the department's order is final, the person assessed 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, or both the occurrence of the violation and the amount of the penalty.(c)  Notwithstanding Subsection (b), the department may permit the person to pay a penalty in installments.(d)  If the person does not pay the penalty within the period provided by Subsection (b) or in accordance with Subsection (c), if applicable:(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)  Interest under Subsection (d)(1) accrues:(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 day after the date on which the penalty becomes due and ending on the date the penalty is paid.(f)  If the amount of the penalty is reduced or the assessment of a penalty is not upheld on judicial review, 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.(g)  Accrued interest on the amount remitted by the department under Subsection (f)(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 and ending on the date the penalty is remitted to the person charged with the violation.|Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 4.01, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 33, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.374, eff. April 2, 2015.|
TX Hum Res Code § 105.001 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 105 - Residential Facilities for Persons With Disabilities or Who Are Elderly|Section 105.001. Definitions

Sec. 105.001.  DEFINITIONS.  In this chapter:(1)  "Establishment" means a facility providing sleeping accommodations to two or more qualifying adult residents, at least 80 percent of whom are 65 years of age or older or are persons with disabilities, and offering, for a fee, one or more supportive services through contract with an agency licensed under Chapter 142, Health and Safety Code, or with another entity.(2)  "Qualifying adult resident" means an adult resident of a facility who is not related within the second degree by consanguinity or affinity to:(A)  a person who has an ownership interest in the facility;  or(B)  at least one other resident of the facility.(3)  "Supportive services" means medical services, health-related services, or personal care services as defined by Section 247.002, Health and Safety Code.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.376, eff. April 2, 2015.|
TX Hum Res Code § 105.002 (2021)
2021 Texas Statutes|Human Resources Code|Title 6 - Services for the Elderly|Chapter 105 - Residential Facilities for Persons With Disabilities or Who Are Elderly|Section 105.002. Exempt Facilities

Sec. 105.002.  EXEMPT FACILITIES.  The following facilities are exempt from the application of this chapter:(1)  housing in which all supportive services are arranged directly by the residents themselves and are provided by outside entities;(2)  nursing facilities licensed under Chapter 242, Health and Safety Code;  and(3)  continuing care facilities regulated by the Texas Department of Insurance under Chapter 246, Health and Safety Code.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1, 1999.|