reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 248A.154 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter D. Center Regulation|Section 248A.154. Maintenance of Records

Sec. 248A.154.  MAINTENANCE OF RECORDS.  Each center shall maintain at the center the medical and other records required by this chapter and by rules adopted under this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.155 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter D. Center Regulation|Section 248A.155. Complaints

Sec. 248A.155.  COMPLAINTS.  A person may file a complaint with the department against a center licensed or required to be licensed under this chapter.  The department shall investigate the complaint in accordance with the complaint procedures established under Chapter 161, Human Resources Code.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.156 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter D. Center Regulation|Section 248A.156. Compliance With Other Law

Sec. 248A.156.  COMPLIANCE WITH OTHER LAW.  (a)  A center shall comply with Chapter 260A and rules adopted under that chapter.(b)  An owner, center employee, or other person subject to Chapter 260A shall comply with that chapter and rules adopted under that chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.157 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter D. Center Regulation|Section 248A.157. Closing of Center

Sec. 248A.157.  CLOSING OF CENTER.  At least 30 days before the date a center voluntarily discontinues operation, the owner or operator of the center shall inform the parent or legal guardian of each minor client to whom the center is providing services of:(1)  the discontinuance; and(2)  the proposed time of the discontinuance.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.158 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter D. Center Regulation|Section 248A.158. Relation to Nursing Services

Sec. 248A.158.  RELATION TO NURSING SERVICES.  Nursing services provided by a center must be a one-to-one replacement of private duty nursing or other skilled nursing services unless additional nursing services are medically necessary.|Added by Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 9, eff. September 1, 2015.|
TX Health & Safety Code § 248A.201 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter E. General Enforcement|Section 248A.201. Denial, Suspension, or Revocation of License

Sec. 248A.201.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license issued under this chapter for:(1)  a violation of this chapter or a rule or standard adopted under this chapter;(2)  an intentional or negligent act by the center or an employee of the center that the department determines significantly affects the health or safety of a minor served by the center;(3)  use of drugs or intoxicating liquors to an extent that affects the license holder's or applicant's professional competence;(4)  a felony conviction, including a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere, in this state or in any other state of any person required to undergo a background and criminal history check under this chapter;(5)  fraudulent acts, including acts relating to Medicaid fraud and obtaining or attempting to obtain a license by fraud or deception; or(6)  a license revocation, suspension, or other disciplinary action taken against the license holder or any person listed in the application in another state.(b)  Except as provided by Section 248A.203, the procedures by which the department denies, suspends, or revokes a license and by which those actions are appealed are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.202 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter E. General Enforcement|Section 248A.202. Probation

Sec. 248A.202.  PROBATION.  (a)  If the department finds that a center is in repeated noncompliance with this chapter, rules adopted under this chapter, or a corrective action plan, but that the noncompliance does not endanger a minor served by the center or the public health and safety, the department may schedule the center for probation rather than suspending or revoking the center's license.(b)  The department shall provide notice to the center of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.(c)  The department shall designate a period of not less than 30 days during which the center will remain under probation.  During the probation period, the center must correct the items that were in noncompliance and report the corrections to the department for approval.(d)  The department may suspend or revoke the license of a center that does not correct items that were in noncompliance or does not comply with this chapter or the rules adopted under this chapter within the applicable probation period.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.203 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter E. General Enforcement|Section 248A.203. Emergency Suspension

Sec. 248A.203.  EMERGENCY SUSPENSION.  (a)  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to a minor served by the center or the public health and safety.  An emergency suspension is effective immediately without a hearing on notice to the license holder.(b)  On written request of the license holder, the department shall conduct a hearing not earlier than the 10th day or later than the 30th day after the date the hearing request is received to determine if the emergency suspension is to be continued, modified, or rescinded.(c)  The hearing and any appeal are governed by the department's rules for a contested case hearing and by Chapter 2001, Government Code.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.204 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter E. General Enforcement|Section 248A.204. Injunction

Sec. 248A.204.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a continuing violation of this chapter or a rule or standard adopted under this chapter if the department finds that the violation creates an immediate threat to the health and safety of the minors served by a center.(b)  A district court, on petition of the department and on a finding by the court that a person is violating this chapter or the rules adopted under this chapter, may by injunction:(1)  prohibit the person from continuing the violation;(2)  restrain or prevent the establishment or operation of a center 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.  The attorney general and the department may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigation costs, witness fees, and deposition expenses.(d)  Venue for a suit brought under this section is in the county in which the center is located or in Travis County.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.205 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter E. General Enforcement|Section 248A.205. Civil Penalty

Sec. 248A.205.  CIVIL PENALTY.  (a)  A person who violates this chapter or a rule or standard adopted under this chapter or who fails to comply with a corrective action plan submitted under this chapter is liable for a civil penalty of not more than $500 for each violation if the department determines the violation threatens the health and safety of a minor served by the center.(b)  Each day a violation continues constitutes a separate violation for the purposes of this section.(c)  The attorney general may sue to collect the penalty.  The attorney general and the department may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigation costs, witness fees, and deposition expenses.(d)  All penalties collected under this section shall be deposited in the state treasury in the general revenue fund.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.206 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter E. General Enforcement|Section 248A.206. Criminal Penalty

Sec. 248A.206.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly establishes or operates a center without the appropriate license issued under this chapter.(b)  An offense under this section is a Class B misdemeanor.(c)  Each day a violation continues constitutes a separate offense.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.251 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.251. Imposition of Penalty

Sec. 248A.251.  IMPOSITION OF PENALTY.  The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or standard adopted or order issued under this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0749, eff. April 2, 2015.|
TX Health & Safety Code § 248A.2515 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.2515. System for Assessment of Penalty

Sec. 248A.2515.  SYSTEM FOR ASSESSMENT OF PENALTY.  The commission shall develop and use a system to record and track the scope and severity of each violation of this chapter or a rule or standard adopted or order issued under this chapter for the purpose of assessing an administrative penalty for the violation or taking some other enforcement action against the appropriate center to deter future violations.  The system:(1)  must be comparable to the system used by the Centers for Medicare and Medicaid Services to categorize the scope and severity of violations for nursing homes; and(2)  may be modified, as appropriate, to reflect changes in industry practice or changes made to the system used by the Centers for Medicare and Medicaid Services.|Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 11, eff. September 1, 2017.|
TX Health & Safety Code § 248A.252 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.252. Amount of Penalty

Sec. 248A.252.  AMOUNT OF PENALTY.  (a)  The amount of the penalty may not exceed $500 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(b)  The amount shall be based on:(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(2)  the threat to health or safety caused by the violation;(3)  any previous violations;(4)  the amount necessary to deter a future violation;(5)  the efforts made by the violator to correct the violation; and(6)  any other matter that justice may require.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.253 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.253. Report and Notice of Violation and Penalty

Sec. 248A.253.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the department initially determines that a violation occurred, the department shall give written notice of the report to the person.(b)  The notice must:(1)  include a brief summary of the alleged violation;(2)  state the amount of the recommended penalty; and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.254 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.254. Penalty to Be Paid or Hearing Requested

Sec. 248A.254.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice sent under Section 248A.253, the person in writing may:(1)  accept the determination and recommended penalty of the department; or(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.(b)  If the person accepts the determination and recommended penalty or if the person fails to respond to the notice, the department by order shall approve the determination and impose the recommended penalty.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0750, eff. April 2, 2015.|
TX Health & Safety Code § 248A.255 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.255. Hearing

Sec. 248A.255.  HEARING.  (a)  If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a hearing date and give written notice of the time and place of the hearing to the person.  An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.(b)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a proposal for a decision about the occurrence of the violation and the amount of a proposed penalty.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0751, eff. April 2, 2015.|
TX Health & Safety Code § 248A.256 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.256. Decision by Department

Sec. 248A.256.  DECISION BY DEPARTMENT.  (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may:(1)  find that a violation occurred and impose a penalty; or(2)  find that a violation did not occur.(b)  The notice of the department's order under Subsection (a) that is sent to the person in accordance with Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0752, eff. April 2, 2015.|
TX Health & Safety Code § 248A.257 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.257. Options Following Decision: Pay or Appeal

Sec. 248A.257.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Not later than the 30th day after the date the order of the department imposing an administrative penalty under Section 248A.256 becomes final, the person shall:(1)  pay the penalty; or(2)  file a petition for judicial review of the department's order contesting the occurrence of the violation, the amount of the penalty, or both.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0753, eff. April 2, 2015.|
TX Health & Safety Code § 248A.258 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.258. Stay of Enforcement of Penalty

Sec. 248A.258.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the period prescribed by Section 248A.257, a person who files a petition for judicial review may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account in the court registry; or(B)  giving the court a supersedeas bond approved by the court that:(i)  is for the amount of the penalty; and(ii)  is effective until all judicial review of the department's order is final; or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and(B)  sending a copy of the affidavit to the department by certified mail.(b)  If the department receives a copy of an affidavit under Subsection (a)(2), the department may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0754, eff. April 2, 2015.|
TX Health & Safety Code § 248A.259 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.259. Collection of Penalty

Sec. 248A.259.  COLLECTION OF PENALTY.  (a)  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected.(b)  The attorney general may sue to collect the penalty and may recover reasonable expenses, including attorney's fees, incurred in recovering the penalty.(c)  A penalty collected under this subchapter shall be deposited in the state treasury in the general revenue fund.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.260 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.260. Decision by Court

Sec. 248A.260.  DECISION BY COURT.  (a)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.261 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.261. Remittance of Penalty and Interest

Sec. 248A.261.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person not later than the 30th day after the date the judgment of the court becomes final.(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.262 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter F. Administrative Penalty|Section 248A.262. Release of Bond

Sec. 248A.262.  RELEASE OF BOND.  (a)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.(b)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|