reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 247.032 (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 247.032. Accreditation Survey to Satisfy Inspection Requirements

Sec. 247.032.  ACCREDITATION SURVEY TO SATISFY INSPECTION REQUIREMENTS.  (a)  In this section, "accreditation commission" means the Commission on Accreditation of Rehabilitation Facilities (CARF), The Joint Commission, or another organization approved by the executive commissioner.(b)  The department shall accept an accreditation survey from an accreditation commission for an assisted living facility instead of an inspection under Section 247.023 or an annual inspection or survey conducted under the authority of Section 247.027, but only if:(1)  the accreditation commission's standards meet or exceed the requirements for licensing of the executive commissioner for an assisted living facility;(2)  the accreditation commission maintains an inspection or survey program that, for each assisted living facility, meets the department's applicable minimum standards as confirmed by the executive commissioner;(3)  the accreditation commission conducts an on-site inspection or survey of the facility at least as often as required by Section 247.023 or 247.027 and in accordance with the department's minimum standards;(4)  the assisted living facility submits to the department a copy of its required accreditation reports to the accreditation commission in addition to the application, the fee, and any report required for renewal of a license;(5)  the inspection or survey results are available for public inspection to the same extent that the results of an investigation or survey conducted under Section 247.023 or 247.027 are available for public inspection; and(6)  the department ensures that the accreditation commission has taken reasonable precautions to protect the confidentiality of personally identifiable information concerning the residents of the assisted living facility.(c)  The department shall coordinate its licensing activities with each of the accreditation commissions.(d)  Except as specifically provided by this section, this section does not limit the department in performing any power or duty under this chapter or inspection authorized by Section 247.027, including taking appropriate action relating to an assisted living facility, such as suspending or revoking a license, investigating an allegation of abuse, exploitation, or neglect or another complaint, assessing an administrative penalty, or closing the facility.(e)  This section does not require an assisted living facility to obtain accreditation from an accreditation commission.|Added by Acts 2005, 79th Leg., Ch. 579 (H.B. 1558), Sec. 1, eff. January 1, 2006.Added by Acts 2005, 79th Leg., Ch. 870 (S.B. 1055), Sec. 1, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 8, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0709, eff. April 2, 2015.|
TX Health & Safety Code § 247.041 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.041. Denial, Suspension, or Revocation of License

Sec. 247.041.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The department, after providing notice and opportunity for a hearing to the applicant or license holder, may deny, suspend, or revoke a license if the department finds that the applicant, license holder, or a controlling person has:(1)  violated this chapter or a rule, standard, or order adopted or license issued under this chapter in either a repeated or substantial manner;  or(2)  committed any act described by Sections 247.0451(a)(2)-(6).(b)  The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.(c)  The status of a person as an applicant for a license or as a license holder is preserved until final disposition of the contested matter, except as the court having jurisdiction of a judicial review of the matter may order in the public interest for the welfare and safety of the residents. (d)  A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve a dispute involving the denial, suspension, or revocation of a license under this section or the conduct with respect to which the denial, suspension, or revocation of the license is sought.|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 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1248, Sec. 5, eff. Sept. 1, 2001.|
TX Health & Safety Code § 247.042 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.042. Emergency Suspension or Closing Order

Sec. 247.042.  EMERGENCY SUSPENSION OR CLOSING ORDER.  (a)  If the department finds an assisted living 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 may suspend the license or order immediate closing of all or part of the facility.(b)  The order suspending a license under Subsection (a) is effective immediately on written notice to the license holder or on the date specified in the order.(c)  The order suspending the license and ordering closure of all or part of an assisted living facility is valid for 10 days after its effective date.(d)  The department shall provide for the relocation of residents of an assisted living facility that is closed.  The relocation may not be to a facility with a more restrictive environment unless all other reasonable alternatives are exhausted.  Relocation procedures shall be adopted as part of the memorandum of understanding adopted under Section 247.061.(e)  The department and the State Office of Administrative Hearings shall expedite any hearing or decision involving an emergency suspension or closing order issued under this section.|Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1248, Sec. 6, eff. Sept. 1, 2001.|
TX Health & Safety Code § 247.043 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.043. Investigation of Abuse, Exploitation, or Neglect

Sec. 247.043.  INVESTIGATION OF ABUSE, EXPLOITATION, OR NEGLECT.  (a)  The department shall conduct an investigation in accordance with Section 260A.007 after receiving a report of abuse, exploitation, or neglect of a resident of an assisted living facility.(b)  If the thorough investigation reveals that abuse, exploitation, or neglect has occurred, the department shall:(1)  implement enforcement measures, including closing the facility, revoking the facility's license, relocating residents, and making referrals to law enforcement agencies;(2)  notify the Department of Family and Protective Services of the results of the investigation;(3)  notify a health and human services agency, as defined by Section 531.001, Government Code, that contracts with the facility for the delivery of personal care services of the results of the investigation;  and(4)  provide to a contracting health and human services agency access to the department's documents or records relating to the investigation.(c)  Providing access to a confidential document or record under Subsection (b)(4) does not constitute a waiver of confidentiality.|Added by 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.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(j), eff. September 28, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0711, eff. April 2, 2015.|
TX Health & Safety Code § 247.044 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.044. Injunction

Sec. 247.044.  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:(1)  the violation creates an immediate threat to the health and safety of the assisted living facility residents;  or(2)  the facility is operating without a license.(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 the establishment or operation of an assisted living facility without a license issued under this chapter;  or(3)  grant any other injunctive relief warranted by the facts.(c)  The department may petition a district court for a temporary restraining order to inspect a facility allegedly required to be licensed and operating without a license when admission to the facility cannot be obtained.  If it is shown that admission to the facility cannot be obtained, the court shall order the facility to allow the department admission to the facility.(d)  The attorney general or local prosecuting attorney may institute and conduct a suit authorized by this section at the request of the department.(e)  Venue for a suit brought under this section is in the county in which the assisted living facility is located or in Travis County.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.  Renumbered from 247.043 and amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 416, Sec. 3, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1088, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 247.0454 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.0454. Hearing on Administrative Penalty

Sec. 247.0454.  HEARING ON ADMINISTRATIVE PENALTY.  (a)  An administrative law judge shall order a hearing and the department shall give notice of the hearing if a person charged with a violation under Section 247.0451 timely 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 and promptly issue to the department a written proposal for decision regarding the occurrence of a violation of this chapter or a rule, standard, or order adopted under this chapter or a term of a license issued under this chapter and a recommendation regarding the amount of the proposed penalty if a penalty is warranted.(d)  Based on the findings of fact and conclusions of law and the recommendation of the administrative law judge, the department by order may:(1)  find that a violation has occurred and assess an administrative penalty; or(2)  find that a violation has not occurred.(e)  If the department finds that a violation has not occurred, the department shall order that all records reflecting that the department found a violation had occurred and attempted to impose an administrative penalty shall be expunged except:(1)  records obtained by the department during its investigation; and(2)  the administrative law judge's findings of fact.(f)  Proceedings under this section are subject to Chapter 2001, Government Code.|Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0715, eff. April 2, 2015.|
TX Health & Safety Code § 247.0455 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.0455. Notice and Payment of Administrative Penalty; Interest; Refund

Sec. 247.0455.  NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;  INTEREST;  REFUND.  (a)  The department shall give notice of the findings made under Section 247.0454(d) to the person charged.  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;(4)  whether action under Section 247.0457 is required in lieu of payment of all or part of the penalty; and(5)  the person's right to judicial review of the department order.(b)  Not later than the 30th day after the date on which the department order is final, the person charged with 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, the department's dissatisfaction with efforts to correct the violation, or any combination of these issues.(c)  Notwithstanding Subsection (b), the department may permit the person to pay a penalty in installments or may require the person to use all or part of the amount of the penalty in accordance with Section 247.0457.(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 amounts 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.|Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0716, eff. April 2, 2015.|
TX Health & Safety Code § 247.0456 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.0456. Application of Other Law

Sec. 247.0456.  APPLICATION OF OTHER LAW.  The department may not assess a monetary penalty under this chapter and a monetary penalty under Chapter 32, Human Resources Code, for the same act or failure to act.|Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1, 2001.|
TX Health & Safety Code § 247.0458 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.0458. Use of Administrative Penalty

Sec. 247.0458.  USE OF ADMINISTRATIVE PENALTY.  Money from 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 2005, 79th Leg., Ch. 786 (S.B. 52), Sec. 3, eff. September 1, 2005.|
TX Health & Safety Code § 247.0459 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.0459. Violation of Law Relating to Advance Directives

Sec. 247.0459.  VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES.  (a)  The department shall assess an administrative penalty against an assisted living facility that violates Section 166.004.(b)  A penalty assessed under this section shall be $500.(c)  The penalty shall be assessed in accordance with department rules.  The rules must provide for notice and an opportunity for a hearing.|Added by Acts 1999, 76th Leg., ch. 450, Sec. 2.05, eff. Sept. 1, 1999.  Renumbered from Sec. 247.0455 and amended by by Acts 2001, 77th Leg., ch. 1248, Sec. 7, eff. Sept. 1, 2001.|
TX Health & Safety Code § 247.046 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.046. Cooperation Among Agencies

Sec. 247.046.  COOPERATION AMONG AGENCIES.  The executive commissioner by rule for the department and the Department of Family and Protective Services and the attorney general by rule shall adopt a memorandum of understanding that:(1)  defines those agencies' responsibilities concerning assisted living facilities and coordinates those agencies' activities;(2)  details coordinated procedures to be used by those agencies in responding to complaints relating to neglect or abuse of residents of facilities, to substandard facilities, and to unlicensed facilities;(3)  identifies enforcement needs those agencies may have in order to perform their duties under the memorandum of understanding, including any need for access to information or to facilities under investigation or operating under a plan of correction; and(4)  provides a plan for correcting violations in substandard or unlicensed assisted living facilities that specifies the conditions under which it is appropriate to impose such a plan and that outlines a schedule of implementation for the plan.|Added by Acts 1991, 72nd Leg., ch. 349, Sec. 1, eff. June 5, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.093, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 416, Sec. 5, eff. Sept. 1, 1997;  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. 3.0718, eff. April 2, 2015.|
TX Health & Safety Code § 247.048 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.048. Regional Training for Agencies and Local Governments

Sec. 247.048.  REGIONAL TRAINING FOR AGENCIES AND LOCAL GOVERNMENTS.  The department periodically shall conduct regional training programs for representatives of local governments and appropriate state agencies relating to assisted living facility concerns.  The training programs must provide to participants information relating to the assisted living facility industry, including information on:(1)  the general characteristics of assisted living facilities and residents of those facilities;(2)  the different types of assisted living facilities;(3)  the laws applicable to assisted living facilities;  and(4)  the authority of the department and other entities to enforce applicable laws.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 247.049 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.049. Use of Regulatory Reports and Documents

Sec. 247.049.  USE OF REGULATORY REPORTS AND DOCUMENTS.  (a)  Except as otherwise provided by this section, a report or other document prepared by the department that relates to regulation of an assisted living facility is not admissible as evidence in a civil action to prove that the facility violated a standard prescribed under this chapter.(b)  Subsection (a) does not:(1)  bar the admission into evidence of department reports or other documents in an enforcement action in which the state or an agency or political subdivision of the state is a party, including:(A)  an action seeking injunctive relief under Section 247.044;(B)  an action seeking imposition of a civil penalty under Section 247.045;(C)  a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter;  and(D)  an action seeking imposition of an administrative penalty under this subchapter;(2)  bar the admission into evidence of department reports or other documents that are offered:(A)  to establish warning or notice to an assisted living facility of a relevant department determination;  or(B)  under any rule or evidentiary predicate of the Texas Rules of Evidence;(3)  prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that an assisted living facility violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee's official duties for the department;  or(4)  prohibit or limit the use of department reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1248, Sec. 9, eff. Sept. 1, 2001.|