reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 464.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.008. Applicability of Other Law to Application and Inspection Fees

Sec. 464.008.  APPLICABILITY OF OTHER LAW TO APPLICATION AND INSPECTION FEES.  All application and inspection fees collected by the department under this subchapter are subject to Subchapter F, Chapter 404, Government Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 577, Sec. 8, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1187, eff. April 2, 2015.|
TX Health & Safety Code § 464.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.009. Rules and Standards

Sec. 464.009.  RULES AND STANDARDS.  (a)  The department shall license treatment facilities in a manner consistent with state and federal law and rules, including department licensing standards.(b)  The executive commissioner shall adopt rules for:(1)  a treatment facility's organization and structure, policies and procedures, and minimum staffing requirements;(2)  the services to be provided by a facility, including:(A)  the categories of services the facility may provide;(B)  the client living environment the facility requires; and(C)  the requirement that a facility provide discharge planning and client follow-up contact;(3)  client rights and standards for medication, nutrition, and emergency situations;(4)  the client records kept by a facility;(5)  the general physical plant requirements for a facility, including environmental considerations, fire protection, safety, and other conditions to ensure the health and comfort of the clients;(6)  standards necessary to protect the client, including standards required or authorized by federal or other state law; and(7)  the approval of a facility to treat adult or minor clients who are referred by the criminal justice system or by a court order for involuntary civil or criminal commitment or detention.(c)  The executive commissioner shall adopt rules to protect the rights of individuals receiving services from a treatment facility and to maintain the confidentiality of client records as required by state and federal law.(d)  The executive commissioner by rule may not restrict competitive bidding or advertising by a facility regulated by the department under this chapter except to prohibit false, misleading, or deceptive practices by the facility.  However, those rules may not:(1)  restrict the facility's use of any medium for advertising;(2)  restrict in an advertisement the personal appearance of a person representing the facility or the use of that person's voice;(3)  regulate the size or duration of an advertisement by the facility; or(4)  restrict the facility's advertisement under a trade name.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 184, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1188, eff. April 2, 2015.|
TX Health & Safety Code § 464.0095 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.0095. Restraint and Seclusion

Sec. 464.0095.  RESTRAINT AND SECLUSION.  A person providing services to a client at a treatment facility shall comply with Chapter 322 and the rules adopted under that chapter.|Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 5, eff. September 1, 2005.|
TX Health & Safety Code § 464.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.010. Reports of Abuse or Neglect

Sec. 464.010.  REPORTS OF ABUSE OR NEGLECT.  (a)  A person, including treatment facility personnel, who believes that a client's physical or mental health or welfare has been, is, or will be adversely affected by abuse or neglect caused by any person shall report the facts underlying that belief to the department.  This requirement is in addition to the requirements prescribed by Chapter 261, Family Code, and Chapter 48, Human Resources Code.(b)  The executive commissioner shall prescribe procedures for the investigation of reports under Subsection (a) and for coordination with law enforcement agencies or other agencies.(c)  An individual who in good faith reports to the department under this section is immune from civil or criminal liability based on the report.  That immunity extends to participation in a judicial proceeding resulting from the report but does not extend to an individual who caused the abuse or neglect.(d)  The department may request the attorney general's office to file a petition for temporary care and protection of a client of a residential treatment facility if it appears that immediate removal of the client is necessary to prevent further abuse.(e)  All records made by the department during its investigation of alleged abuse or neglect are confidential and may not be released except that the release may be made:(1)  on court order;(2)  on written request and consent of the person under investigation or that person's authorized attorney; or(3)  as provided by Section 464.011.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 185, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 165, Sec. 7.44, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1189, eff. April 2, 2015.|
TX Health & Safety Code § 464.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.011. Disclosure of Department Records

Sec. 464.011.  DISCLOSURE OF DEPARTMENT RECORDS.  Unless prohibited or limited by federal or other state law, the department may make its licensing and investigatory records that identify a client available to a state or federal agency or law enforcement authority on request and for official purposes.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 186, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1190, eff. April 2, 2015.|
TX Health & Safety Code § 464.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.012. HIV Infection Education, Testing, and Counseling

Sec. 464.012.  HIV INFECTION EDUCATION, TESTING, AND COUNSELING.  (a)  A treatment facility licensed under this chapter shall provide to employees of the facility education regarding methods of transmitting and preventing human immunodeficiency virus infection based on the model education program developed by the department and shall make the education available to facility clients.(b)  Employees of the facility who counsel clients shall provide counseling in accordance with the model protocol for counseling related to HIV infection developed by the department.(c)  A treatment facility licensed under this chapter shall make available or make referrals to voluntary, anonymous, and affordable counseling and testing services concerning human immunodeficiency virus infection.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 187, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1191, eff. April 2, 2015.|
TX Health & Safety Code § 464.014 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.014. Denial, Revocation, Suspension, or Nonrenewal of License

Sec. 464.014.  DENIAL, REVOCATION, SUSPENSION, OR NONRENEWAL OF LICENSE.  (a)  The department shall deny, revoke, suspend, or refuse to renew a license, place on probation a person whose license has been suspended, or reprimand a license holder if the applicant or license holder or the owner, director, administrator, or a clinical staff member of the facility:(1)  has a documented history of client abuse or neglect; or(2)  violates this subchapter or a department rule.(b)  If a license suspension is probated, the department may establish the conditions for completion or violation of the probation.(c)  The denial, revocation, suspension, probation, or nonrenewal takes effect on the 30th day after the date on which the notice was mailed unless:(1)  the department secures an injunction under Section 464.015; or(2)  an administrative appeal is requested.(d)  The department may restrict attendance at an appeals hearing to the parties and their agents.  A license holder whose license is suspended or revoked may not admit new clients until the license is reissued.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 705, Sec. 3.06, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 577, Sec. 9, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1192, eff. April 2, 2015.|
TX Health & Safety Code § 464.0145 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.0145. Disciplinary Action Hearing

Sec. 464.0145.  DISCIPLINARY ACTION HEARING.  (a)  If the department proposes to suspend, revoke, or refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.(b)  Procedures for a disciplinary action are governed by the administrative procedure law, Chapter 2001, Government Code.(c)  Rules of practice adopted by the executive commissioner under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.|Added by Acts 1997, 75th Leg., ch. 577, Sec. 11, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1193, eff. April 2, 2015.|
TX Health & Safety Code § 464.015 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.015. Injunction

Sec. 464.015.  INJUNCTION.  (a)  The department may petition a district court to restrain a person or facility that violates the rules, standards, or licensing requirements provided under this subchapter in a manner that causes immediate threat to the health and safety of individual clients.(b)  A suit for injunctive relief, civil penalties authorized by Section 464.017, or both, must be brought in Travis County or the county in which the violation occurs.(c)  A district court, on petition of the department, the attorney general, or a district or county attorney, and on a finding by the court that a person or facility is violating or has violated this subchapter or a standard adopted under this subchapter, shall grant any prohibitory or mandatory injunctive relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.(d)  The court granting injunctive relief shall order the person or facility to reimburse the department and the party bringing the suit for all costs of investigation and litigation, including reasonable attorney's fees, reasonable investigative expenses, court costs, witness fees, deposition expenses, and civil administrative costs.(e)  At the request of the department, the attorney general or the appropriate district or county attorney shall institute and conduct a suit authorized by Subsection (a) in the name of this state.(f)  On his own initiative, the attorney general or a district attorney or county attorney may maintain an action for injunctive relief in the name of the state for a violation of this subchapter or a standard adopted under this subchapter.(g)  The injunctive relief and civil penalty authorized by this section and Section 464.017 are in addition to any other civil, administrative, or criminal penalty provided by law.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 188, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 705, Sec. 3.07, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1194, eff. April 2, 2015.|
TX Health & Safety Code § 464.016 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.016. Criminal Penalty

Sec. 464.016.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person establishes, conducts, manages, or operates a treatment facility without a license.  Each day of violation constitutes a separate offense.(b)  A person commits an offense if the person intentionally, maliciously, or recklessly makes a false report under Section 464.010.(c)  A person commits an offense if the person has reasonable grounds to suspect that abuse or neglect of a client may have occurred and does not report the suspected or possible abuse or neglect to the department as required by Section 464.010.(d)  An offense under this section is a Class A misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 189, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1195, eff. April 2, 2015.|
TX Health & Safety Code § 464.017 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.017. Civil Penalty

Sec. 464.017.  CIVIL PENALTY.  (a)  A person or facility is subject to a civil penalty of not more than $25,000 for each day of violation and for each act of violation of this subchapter or a rule adopted under this subchapter.  In determining the amount of the civil penalty, the court shall consider:(1)  the person's or facility's previous violations;(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(3)  whether the health and safety of the public was threatened by the violation;(4)  the demonstrated good faith of the person or facility;  and(5)  the amount necessary to deter future violations.(b)  The department may:(1)  combine a suit to assess and recover civil penalties with a suit for injunctive relief brought under Section 464.015; or(2)  file a suit to assess and recover civil penalties independently of a suit for injunctive relief.(c)  At the request of the department, the attorney general or the appropriate district or county attorney shall institute and conduct the suit authorized by Subsection (b) in the name of this state.  The department and the party bringing the suit may recover reasonable expenses incurred in obtaining civil penalties, including investigation costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.(d)  The civil penalty authorized by this section is in addition to any other civil, administrative, or criminal penalty provided by law.(e)  On his own initiative, the attorney general, a district attorney, or a county attorney may maintain an action for civil penalties in the name of the state for a violation of this subchapter or a standard adopted under this subchapter.(f)  Penalties collected under this section by the attorney general shall be deposited to the credit of the general revenue fund.  Penalties collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard.(g)  The department and the party bringing the suit may recover reasonable expenses incurred in obtaining civil penalties, including investigation costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 705, Sec. 3.08, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 577, Sec. 10, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1196, eff. April 2, 2015.|
TX Health & Safety Code § 464.018 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.018. Notice of Suit

Sec. 464.018.  NOTICE OF SUIT.  Not later than the seventh day before the date on which the attorney general intends to bring suit on the attorney general's own initiative under Section 464.015 or 464.017, the attorney general shall provide to the department notice of the suit.  The attorney general is not required to provide notice of a suit if the attorney general determines that waiting to bring suit until the notice is provided will create an immediate threat to the health and safety of a client.  This section does not create a requirement that the attorney general obtain the permission of or a referral from the department before filing suit.|Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.09, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1197, eff. April 2, 2015.|
TX Health & Safety Code § 464.0195 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.0195. Recovery of Costs

Sec. 464.0195.  RECOVERY OF COSTS.  If the attorney general brings an action to enforce an administrative penalty assessed under Section 464.019 and the court orders the payment of the penalty, the attorney general may recover reasonable expenses incurred in the investigation, initiation, or prosecution of the enforcement suit, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.|Added by Acts 1993, 73rd Leg., ch. 705, Sec. 2.091, eff. Sept. 1, 1993.|
TX Health & Safety Code § 464.020 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.020. Additional Requirements for Disciplinary Alternative Education Treatment Programs

Sec. 464.020.  ADDITIONAL REQUIREMENTS FOR DISCIPLINARY ALTERNATIVE EDUCATION TREATMENT PROGRAMS.  (a)  A disciplinary alternative education program under Section 37.008, Education Code, may apply for a license under this chapter to offer chemical dependency treatment services.(b)  The board of trustees of a school district with a disciplinary alternative education program, or the board's designee, shall employ a mental health professional, as defined by Section 164.003, to provide the services authorized by a license issued under this chapter to the disciplinary alternative education program.(c)  The department may not issue a license that authorizes a disciplinary alternative education program to provide detoxification or residential services.(d)  The board of trustees of a school district with a disciplinary alternative education program, or the board's designee, may contract with a private treatment facility or a person employed by or under contract with a private treatment facility to provide chemical dependency treatment services.  The contract may not permit the services to be provided at a site that offers detoxification or residential services.  Section 164.006 applies to a contract made under this section.|Added by Acts 1999, 76th Leg., ch. 1112, Sec. 2, eff. June 18, 1999.  Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 29, eff. June 20, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1199, eff. April 2, 2015.|
TX Health & Safety Code § 464.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter B. County Contracts With Alcoholism Programs and Centers|Section 464.031. Definitions

Sec. 464.031.  DEFINITIONS.  In this subchapter:(1)  "Alcoholism program or center" means a public or private alcoholism prevention, intervention, treatment, or rehabilitation program or center.(2)  "Department" means the Department of State Health Services.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1200, eff. April 2, 2015.|
TX Health & Safety Code § 464.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter B. County Contracts With Alcoholism Programs and Centers|Section 464.032. County Contracts With Alcoholism Programs or Centers

Sec. 464.032.  COUNTY CONTRACTS WITH ALCOHOLISM PROGRAMS OR CENTERS.  (a)  A county or a group of counties acting together may contract with an alcoholism program or center to provide prevention, treatment, and rehabilitation services to persons suffering from alcoholism or at risk of becoming alcoholics.(b)  The county or group of counties may contract only with a program or center included in a list submitted under Section 464.034.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|