reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 252.062 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter C. General Enforcement|Section 252.062. Injunction

Sec. 252.062.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a person from continuing a violation of the standards prescribed by this chapter if the department finds that the violation creates an immediate threat to the health and safety of the facility's residents.(b)  A district court, on petition of the department, may by injunction:(1)  prohibit a person from continuing a violation of the standards or licensing requirements prescribed by this chapter;(2)  restrain or prevent the establishment, conduct, management, or operation of a facility without a license issued under this chapter;  or(3)  grant the injunctive relief warranted by the facts on a finding by the court that a person is violating the standards or licensing requirements prescribed by this chapter.(c)  The attorney general, on request by the department, shall bring and conduct on behalf of the state a suit authorized by this section.(d)  A suit for a temporary restraining order or other injunctive relief must be brought in Travis County or the county in which the alleged violation occurs.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 192, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 252.063 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter C. General Enforcement|Section 252.063. License Requirements; Criminal Penalty

Sec. 252.063.  LICENSE REQUIREMENTS;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 252.031.(b)  An offense under this section is punishable by a fine of not more than $1,000 for the first offense and not more than $500 for each subsequent offense.(c)  Each day of a continuing violation after conviction is a separate offense.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.064 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter C. General Enforcement|Section 252.064. Civil Penalty

Sec. 252.064.  CIVIL PENALTY.  (a)  A person who violates this chapter or a rule adopted under this chapter is liable for a civil penalty of not less than $100 or more than $10,000 for each violation if the department determines the violation threatens the health and safety of a resident.(b)  Each day of a continuing violation constitutes a separate ground for recovery.(c)  On request of the department, the attorney general may institute an action in a district court to collect a civil penalty under this section.  Any amount collected shall be remitted to the comptroller for deposit to the credit of the general revenue fund.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 23, Sec. 1, eff. May 3, 1999.|
TX Health & Safety Code § 252.0651 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter C. General Enforcement|Section 252.0651. Application of Other Law

Sec. 252.0651.  APPLICATION OF OTHER LAW.  The department may not assess more than one monetary penalty under this chapter for a violation arising out of the same act or failure to act.|Added by Acts 1999, 76th Leg., ch. 534, Sec. 4, eff. Sept. 1, 1999.|
TX Health & Safety Code § 252.066 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter C. General Enforcement|Section 252.066. Notice; Request for Hearing

Sec. 252.066.  NOTICE;  REQUEST FOR HEARING.  (a)  If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department shall give written notice of the violation to the person designated by the facility to receive notice.  The notice shall include:(1)  a brief summary of the alleged violation;(2)  a statement of the amount of the proposed penalty based on the factors listed in Section 252.065(d);  and(3)  a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.(b)  Not later than the 20th day after the date on which the notice is received, the person notified may accept the determination of the department made under this section, including the proposed penalty, or may make a written request for a hearing on that determination.(c)  If the person notified under this section of the violation accepts the determination of the department or if the person fails to respond in a timely manner to the notice, the department shall issue an order approving the determination and ordering that the person pay the proposed penalty.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 534, Sec. 5, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0788, eff. April 2, 2015.|
TX Health & Safety Code § 252.067 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter C. General Enforcement|Section 252.067. Hearing; Order

Sec. 252.067.  HEARING; ORDER.  (a)  If the person notified under Section 252.066 requests a hearing, an administrative law judge shall  set a hearing and the department shall  give written notice of the hearing to the person.(b)  The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue to the department a proposal for decision as to the occurrence of the violation and a recommendation as to the amount of the proposed penalty if a penalty is determined to be warranted.(c)  Based on the findings of fact and conclusions of law and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and may assess a penalty or may find that no violation has occurred.|Added by Acts 1999, 76th Leg., ch. 534, Sec. 6, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0789, eff. April 2, 2015.|
TX Health & Safety Code § 252.069 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter C. General Enforcement|Section 252.069. Use of Administrative Penalty

Sec. 252.069.  USE OF ADMINISTRATIVE PENALTY.  An administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code.|Added by Acts 1999, 76th Leg., ch. 534, Sec. 6, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 786 (S.B. 52), Sec. 4, eff. September 1, 2005.|
TX Health & Safety Code § 252.070 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter C. General Enforcement|Section 252.070. Expenses and Costs for Collection of Civil or Administrative Penalty

Sec. 252.070.  EXPENSES AND COSTS FOR COLLECTION OF CIVIL OR ADMINISTRATIVE PENALTY.  (a)  If the attorney general brings an action against a person under Section 252.062 or 252.064 or to enforce an administrative penalty assessed under Section 252.065 and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.(b)  For purposes of this section, reasonable expenses and costs include expenses incurred by the department and the attorney general in the investigation, initiation, and prosecution of an action, including reasonable investigative costs, attorney's fees, witness fees, and deposition expenses.|Added by Acts 1999, 76th Leg., ch. 534, Sec. 6, eff. Sept. 1, 1999.|
TX Health & Safety Code § 252.091 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter D. Trustees for Facilities|Section 252.091. Findings and Purpose

Sec. 252.091.  FINDINGS AND PURPOSE.  (a)  The legislature finds that, under some circumstances, closing a facility for a violation of a law or rule may:(1)  have an adverse effect on the facility's residents and their families;  and(2)  result in a lack of readily available financial resources to meet the basic needs of the residents for food, shelter, medication, and personal services.(b)  The purpose of this subchapter is to provide for:(1)  the appointment of a trustee to assume the operations of the facility in a manner that emphasizes resident care and reduces resident trauma;  and(2)  a fund to assist a court-appointed trustee in meeting the basic needs of the residents.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.092 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter D. Trustees for Facilities|Section 252.092. Appointment by Agreement

Sec. 252.092.  APPOINTMENT BY AGREEMENT.  (a)  A person who holds a controlling interest in a facility may request the department to assume the operation of the facility through the appointment of a trustee under this subchapter.(b)  After receiving the request, the department may enter into an agreement providing for the appointment of a trustee to take charge of the facility under conditions both parties consider appropriate if the department considers the appointment desirable.(c)  An agreement under this section must:(1)  specify the terms and conditions of the trustee's appointment and authority;  and(2)  preserve the rights of the residents as granted by law.(d)  The agreement terminates at the time:(1)  specified by the parties;  or(2)  either party notifies the other in writing that the party is terminating the appointment agreement.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.093 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter D. Trustees for Facilities|Section 252.093. Involuntary Appointment

Sec. 252.093.  INVOLUNTARY APPOINTMENT.  (a)  The department may request the attorney general to bring an action on behalf of the state for the appointment of a trustee to operate a facility if:(1)  the facility is operating without a license;(2)  the department has suspended or revoked the facility's license;(3)  license suspension or revocation procedures against the facility are pending and the department determines that an imminent threat to the health and safety of the residents exists;(4)  the department determines that an emergency exists that presents an immediate threat to the health and safety of the residents;  or(5)  the facility is closing and arrangements for relocation of the residents to other licensed facilities have not been made before closure.(b)  A trustee appointed under Subsection (a)(5) may only ensure an orderly and safe relocation of the facility's residents as quickly as possible.(c)  After a hearing, a court shall appoint a trustee to take charge of a facility if the court finds that involuntary appointment of a trustee is necessary.(d)  If possible, the court shall appoint as trustee an individual whose background includes intellectual disability service administration.(e)  An action under this section must be brought in Travis County or the county in which the violation is alleged to have occurred.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 192, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0791, eff. April 2, 2015.|
TX Health & Safety Code § 252.094 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter D. Trustees for Facilities|Section 252.094. Fee; Release of Money

Sec. 252.094.  FEE;  RELEASE OF MONEY.  (a)  A trustee appointed under this subchapter is entitled to a reasonable fee as determined by the court.(b)  The trustee may petition the court to order the release to the trustee of any payment owed the trustee for care and services provided to the residents if the payment has been withheld, including a payment withheld by a governmental agency or other entity during the appointment of the trustee, such as payments:(1)  for Medicaid or insurance;(2)  by a third party;  or(3)  for medical expenses borne by the residents.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.095 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter D. Trustees for Facilities|Section 252.095. Emergency Assistance Fee

Sec. 252.095.  EMERGENCY ASSISTANCE FEE.  (a)  In addition to the licensing and renewal fee collected under Section 252.034, the department may collect an annual fee to be used to make emergency assistance money available to a facility licensed under this chapter.(b)  The fee collected under this section shall be in the amount prescribed by Section 242.097(c) and shall be deposited to the credit of the nursing and convalescent home trust fund established under Section 242.096.(c)  The department may disburse money to a trustee for a facility licensed under this chapter to alleviate an immediate threat to the health or safety of the facility's residents.  Payments under this section may include payments described by Section 242.096(b).(d)  A court may order the department to disburse emergency assistance money to a trustee for a facility licensed under this chapter if the court makes the findings provided by Section 242.096(c).|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0792, eff. April 2, 2015.|
TX Health & Safety Code § 252.096 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter D. Trustees for Facilities|Section 252.096. Reimbursement

Sec. 252.096.  REIMBURSEMENT.  (a)  A facility that receives emergency assistance money under this subchapter shall reimburse the department for the amounts received, including interest.(b)  Interest on unreimbursed amounts begins to accrue on the date on which the money is disbursed to the facility.  The rate of interest is the rate determined under Section 304.003, Finance Code, to be applicable to judgments rendered during the month in which the money is disbursed to the facility.(c)  The owner of the facility when the trustee is appointed is responsible for the reimbursement.(d)  The amount that remains unreimbursed on the first anniversary of the date on which the money is received is delinquent and the commission may determine that the facility is ineligible for a Medicaid provider contract.(e)  The department shall deposit the reimbursement and interest received under this section to the credit of the nursing and convalescent home trust fund.(f)  The attorney general shall institute an action to collect money due under this section at the request of the department.  An action under this section must be brought in Travis County.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0793, eff. April 2, 2015.|
TX Health & Safety Code § 252.097 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter D. Trustees for Facilities|Section 252.097. Notification of Closure

Sec. 252.097.  NOTIFICATION OF CLOSURE.  (a)  A facility that is closing temporarily or permanently, voluntarily or involuntarily, shall notify the residents of the closing and make reasonable efforts to notify in writing each resident's nearest relative or the person responsible for the resident's support within a reasonable time before the facility closes.(b)  If the department orders a facility to close or the facility's closure is in any other way involuntary, the facility shall make the notification, orally or in writing, immediately on receiving notice of the closing.(c)  If the facility's closure is voluntary, the facility shall make the notification not later than one week after the date on which the decision to close is made.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.098 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter D. Trustees for Facilities|Section 252.098. Criminal Penalty for Failure to Notify

Sec. 252.098.  CRIMINAL PENALTY FOR FAILURE TO NOTIFY.  (a)  A facility commits an offense if the facility knowingly fails to comply with Section 252.097.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.121 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter E. Investigations of Abuse,|Section 252.121. Authority to Receive Reports and Investigate

Sec. 252.121.  AUTHORITY TO RECEIVE REPORTS AND INVESTIGATE.  (a)  A person, including an owner or employee of a facility, who has cause to believe that a resident is being or has been subjected to abuse, neglect, or exploitation shall report the suspected abuse, neglect, or exploitation to the Department of Family and Protective Services, as required by Chapter 48, Human Resources Code, or Chapter 261, Family Code, as appropriate.  The Department of Family and Protective Services shall investigate the allegation of abuse, neglect, or exploitation in the manner provided by Chapter 48, Human Resources Code, or Section 261.404, Family Code, as applicable.(b)  If the department receives a report of suspected abuse, neglect, or exploitation of a resident of a facility licensed under this chapter, the department shall immediately refer the report to the Department of Family and Protective Services for investigation.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 13, eff. June 11, 2009.|
TX Health & Safety Code § 252.122 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter E. Investigations of Abuse,|Section 252.122. Notification of Duty to Report Abuse, Neglect, and Exploitation

Sec. 252.122.  NOTIFICATION OF DUTY TO REPORT ABUSE, NEGLECT, AND EXPLOITATION.  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 abuse, neglect, or exploitation.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 13, eff. June 11, 2009.|
TX Health & Safety Code § 252.125 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter E. Investigations of Abuse,|Section 252.125. Immediate Removal to Protect Resident

Sec. 252.125.  IMMEDIATE REMOVAL TO PROTECT RESIDENT.  Before the completion of the investigation by the Department of Family and Protective Services, the department shall file a petition for temporary care and protection of a resident if the department determines, based on information provided to the department by the Department of Family and Protective Services, that immediate removal is necessary to protect the resident from further abuse, neglect, or exploitation.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 13, eff. June 11, 2009.|
TX Health & Safety Code § 252.126 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter E. Investigations of Abuse,|Section 252.126. Confidentiality; Disclosure of Investigation Report

Sec. 252.126.  CONFIDENTIALITY; DISCLOSURE OF INVESTIGATION REPORT.  (a)  A report, record, or working paper used or developed in an investigation made under this subchapter is confidential and may be disclosed only as provided by Chapter 48, Human Resources Code, Chapter 261, Family Code, or this section.(b)  The Department of Family and Protective Services shall provide a copy of a completed investigation report to the department and may disclose information related to the investigation at any time to the department as necessary to protect a resident of a facility from abuse, neglect, or exploitation.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 13, eff. June 11, 2009.|