reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 247.024 (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 247.024. Fees; Disposition of Revenue

Sec. 247.024.  FEES;  DISPOSITION OF REVENUE.  (a)  The executive commissioner by rule shall set license fees imposed by this chapter:(1)  on the basis of the number of beds in assisted living facilities required to pay the fee; and(2)  in amounts reasonable and necessary to defray the cost of administering this chapter, but not to exceed $2,250.(b)  The executive commissioner shall establish by rule a base fee schedule and a per bed fee schedule.(c)  All fees or penalties collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.(d)  Investigation fees or attorney's fees may not be assessed against or collected from an assisted living facility by or on behalf of the commission or another state agency unless the commission or other state agency assesses and collects a penalty authorized by this chapter from the facility.(e)  An applicant who submits a license renewal later than the 45th day before the expiration date of a current license is subject to a late fee in accordance with commission rules.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 416, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 15, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0704, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 6, eff. September 1, 2017.|
TX Health & Safety Code § 247.025 (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 247.025. Adoption of Rules

Sec. 247.025.  ADOPTION OF RULES.  (a)  The executive commissioner shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an assisted living facility.(b)  The executive commissioner shall adopt rules distinguishing and providing guidelines on the scope of services that an assisted living facility may provide under this chapter.|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 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. 3.0705, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 298 (H.B. 3329), Sec. 2, eff. September 1, 2019.|
TX Health & Safety Code § 247.0251 (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 247.0251. Construction in 100-Year Floodplain in Certain Counties Prohibited

Sec. 247.0251.  CONSTRUCTION IN 100-YEAR FLOODPLAIN IN CERTAIN COUNTIES PROHIBITED.  (a)  In this section, "100-year floodplain" means an area that is subject to inundation by a 100-year flood, which is a flood that has a one percent or greater chance of occurring in any given year, as determined from maps or other data from the Federal Emergency Management Agency, or, if not mapped by the Federal Emergency Management Agency, from the United States Department of Agriculture soil maps.(b)  In a county with a population of 3.3 million or more, the executive commissioner by rule shall prohibit the construction of a new assisted living facility licensed under this chapter within a 100-year floodplain.(c)  The prohibition on new construction under this section does not apply to expansions or renovations of existing assisted living facilities.|Added by Acts 2021, 87th Leg., R.S., Ch. 668 (H.B. 1681), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 247.0255 (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 247.0255. Restraint and Seclusion

Sec. 247.0255.  RESTRAINT AND SECLUSION.  A person providing services to a resident of an assisted living 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. 3, eff. September 1, 2005.|
TX Health & Safety Code § 247.0261 (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 247.0261. Early Compliance Review

Sec. 247.0261.  EARLY COMPLIANCE REVIEW.  (a)  The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify an assisted living facility may submit building plans to the department for review for compliance with the department's architectural requirements before beginning construction or modification.  In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans.(b)  The department shall, within 30 days, review plans submitted under this section for compliance with the department's architectural requirements and inform the person of the results of the review.  If the plans comply with the department's architectural requirements, the department may not subsequently change the architectural requirements applicable to the project unless:(1)  the change is required by federal law;  or(2)  the person fails to complete the project within a reasonable time.(c)  The department may charge a reasonable fee for conducting a review under this section.(d)  A fee collected under this section shall be deposited in the general revenue fund to the credit of the assisted living account.(e)  The review procedure provided by this section does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced by the Texas Department of Licensing and Regulation.|Added by Acts 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. 3.0707, eff. April 2, 2015.|
TX Health & Safety Code § 247.0262 (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 247.0262. Report on Life Safety Code Surveys

Sec. 247.0262.  REPORT ON LIFE SAFETY CODE SURVEYS.  (a)  The department shall annually report the number of life safety code surveys for an initial assisted living facility license with respect to which the department first visits the facility to conduct the survey more than 60 days after the date the applicant notifies the department that the applicant is ready for the initial survey.(b)  The department may report other data related to the timeliness of life safety code surveys or the processing time of license applications.(c)  The department may include the information described by Subsections (a) and (b) in any required annual regulatory report.|Added by Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 7, eff. September 1, 2009.|
TX Health & Safety Code § 247.0263 (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 247.0263. Life Safety Code Technical Memorandum

Sec. 247.0263.  LIFE SAFETY CODE TECHNICAL MEMORANDUM.  (a)  At least twice each year, the commission shall issue a technical memorandum providing guidance on the interpretation of minimum life safety code standards prescribed under this chapter and by commission rule.  Any new requirement that relates to an existing standard must first appear in a technical memorandum.(b)  The commission shall solicit comments from interested parties and experts to assist in determining which standards need to be addressed in a technical memorandum issued under this section.(c)  The commission shall post the technical memorandum on the commission's Internet website.(d)  A technical memorandum issued under this section is binding and must be followed by a person conducting a life safety code survey under this chapter.(e)  This section does not affect the commission's rulemaking process.|Added by Acts 2017, 85th Leg., R.S., Ch. 66 (S.B. 1049), Sec. 1, eff. September 1, 2017.|
TX Health & Safety Code § 247.0264 (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 247.0264. Accessibility Standards

Sec. 247.0264.  ACCESSIBILITY STANDARDS.  (a)  The Texas Department of Licensing and Regulation governs the interpretation and enforcement of accessibility standards in assisted living facilities as provided by Chapter 469, Government Code.(b)  An assisted living facility that during initial licensing passed an on-site inspection by the Texas Department of Licensing and Regulation relating to the facility's compliance with the accessibility standards may not be cited by the commission for a violation relating to the accessibility standards.  If the commission issues a citation relating to compliance with accessibility standards to a facility that has not been inspected by the Texas Department of Licensing and Regulation for compliance with the accessibility standards, the commission shall rescind the citation on the facility's passage of the on-site inspection by the Texas Department of Licensing and Regulation.|Added by Acts 2017, 85th Leg., R.S., Ch. 66 (S.B. 1049), Sec. 1, eff. September 1, 2017.|
TX Health & Safety Code § 247.027 (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 247.027. Inspections

Sec. 247.027.  INSPECTIONS.  (a)  In addition to the inspection required under Section 247.023(a), the commission:(1)  shall inspect each assisted living facility at least every two years following the initial inspection required under Section 247.023(a); and(2)  may inspect a facility at other reasonable times as necessary to assure compliance with this chapter.(b)  The commission shall establish an inspection checklist based on the minimum standards that describes the matters subject to inspection.  The commission shall use the inspection checklist in conducting inspections under this section and Section 247.023(a).|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 7, eff. September 1, 2017.|
TX Health & Safety Code § 247.0271 (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 247.0271. Inspection Exit Conference

Sec. 247.0271.  INSPECTION EXIT CONFERENCE.  (a)  At the conclusion of an inspection under Section 247.023(a) or Section 247.027, the inspector shall perform an exit conference to advise the assisted living facility of the findings resulting from the inspection.(b)  At the exit conference, the inspector shall provide a copy of the inspection checklist to the assisted living facility and list each violation discovered during the inspection, with specific reference to the standard violated.(c)  If, after the initial exit conference, additional violations are cited, the inspector shall conduct an additional exit conference regarding the newly identified violations.  An additional exit conference must be held in person and may not be held by telephone, e-mail, or facsimile transmission.(d)  The assisted living facility shall submit a plan of correction to the regional director with supervisory authority over the inspector not later than the 10th working day after the date the facility receives the final official statement of violations.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1248, Sec. 17, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 974 (S.B. 344), Sec. 4, eff. September 1, 2007.|
TX Health & Safety Code § 247.0272 (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 247.0272. Inspector Training; Required Examination

Sec. 247.0272.  INSPECTOR TRAINING;  REQUIRED EXAMINATION.  (a)  The department shall develop and implement a training program to provide specialized training to department employees who inspect assisted living facilities under this chapter.  The training must emphasize the distinction between an assisted living facility and an institution licensed under Chapter 242.(b)  In developing and updating the training program required by this section, the department shall consult with operators of assisted living facilities and consumers of personal care services provided by assisted living facilities or legal representatives of those consumers.(c)  The department shall examine department employees who inspect or otherwise survey assisted living facilities under this chapter.  In developing the examination, the department shall consult with operators of assisted living facilities or their representatives and with consumers of personal care services provided by assisted living facilities or representatives of consumers.(d)  A department employee may not independently inspect, survey, or take administrative action against an assisted living facility unless the employee has passed the examination administered under Subsection (c).|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1248, Sec. 3, 4, eff. Sept. 1, 2001.|For expiration of this section, see Subsection (c).
TX Health & Safety Code § 247.0273 (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 247.0273. Life Safety Code

Sec. 247.0273.  LIFE SAFETY CODE.  (a)  The executive commissioner by rule shall specify an edition of the Life Safety Code of the National Fire Protection Association to be used in establishing the life safety requirements for an assisted living facility licensed under this chapter.(b)  The rules adopted under Subsection (a) must specify an edition of the Life Safety Code of the National Fire Protection Association issued on or after August 1, 2011.(c)  This section expires September 1, 2021.|Added by Acts 2017, 85th Leg., R.S., Ch. 66 (S.B. 1049), Sec. 2, eff. September 1, 2017.|
TX Health & Safety Code § 247.0275 (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 247.0275. Registration With Texas Information and Referral Network

Sec. 247.0275.  REGISTRATION WITH TEXAS INFORMATION AND REFERRAL NETWORK.  (a)  An assisted living facility licensed under this chapter shall register with the Texas Information and Referral Network under Section 531.0312, Government Code, to assist the state in identifying persons needing assistance if an area is evacuated because of a disaster or other emergency.(b)  The assisted living facility is not required to identify individual residents who may require assistance in an evacuation or to register individual residents with the Texas Information and Referral Network for evacuation assistance.(c)  The assisted living facility shall notify each resident and the resident's next of kin or guardian regarding how to register for evacuation assistance with the Texas Information and Referral Network.|Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.18, eff. September 1, 2009.|
TX Health & Safety Code § 247.028 (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 247.028. Assistance by Department

Sec. 247.028.  ASSISTANCE BY DEPARTMENT.  The department may provide assistance to an assisted living facility, including the provision of training materials, the coordination of training conferences and workshops with other state agencies, and the development of a provider's handbook explaining assisted living facility rules.|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.|
TX Health & Safety Code § 247.029 (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 247.029. Facilities for Persons With Alzheimer's Disease

Sec. 247.029.  FACILITIES FOR PERSONS WITH ALZHEIMER'S DISEASE.  (a)  The executive commissioner by rule shall establish a classification and license for a facility that advertises, markets, or otherwise promotes that the facility provides personal care services to residents who have Alzheimer's disease or related disorders.  A facility is not required to be classified under this section to provide care or treatment to residents who have Alzheimer's disease or related disorders.(b)  The executive commissioner shall adopt minimum standards for an assisted living facility classified under this section.(c)  An individual may not serve as the manager of an assisted living facility classified under this section or as the supervisor of an assisted living facility unit classified under this section unless the individual is at least 21 years of age and has:(1)  an associate's degree from a public or private institution of higher education in nursing, health care management, or a related field;(2)  a bachelor's degree from a public or private institution of higher education in psychology, gerontology, nursing, or a related field;  or(3)  at least one year of experience working with persons with dementia.(d)  The executive commissioner by rule shall adopt a definition of "Alzheimer's disease and related disorders," and may adopt by reference a definition published in a generally accepted clinical resource for medical professionals. The executive commissioner shall modify the definition as necessary to conform to changes in medical practice.|Added by Acts 1997, 75th Leg., ch. 444, Sec. 1, eff. Sept. 1, 1997.  Amended by 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. 3.0708, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1256 (H.B. 2588), Sec. 4, eff. June 20, 2015.|
TX Health & Safety Code § 247.0295 (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 247.0295. Notice of Alzheimer's Disease or Related Disorders License Classification

Sec. 247.0295.  NOTICE OF ALZHEIMER'S DISEASE OR RELATED DISORDERS LICENSE CLASSIFICATION.  (a)  An assisted living facility advertising, marketing, or otherwise promoting that the facility provides memory care services shall provide to each facility resident written notice disclosing whether the facility holds a license or does not hold a license classified under Section 247.029 to provide personal care services to residents with Alzheimer's disease or related disorders.(b)  An assisted living facility that provides the notice required under Subsection (a) is not required under Section 247.026(c-1) to include in the facility's consumer disclosure statement information on whether the facility holds a license classified under Section 247.029 to provide personal care services to residents with Alzheimer's disease or related disorders.|Added by Acts 2021, 87th Leg., R.S., Ch. 514 (S.B. 383), Sec. 2, eff. September 1, 2021.|
TX Health & Safety Code § 247.031 (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 247.031. Municipal Enforcement

Sec. 247.031.  MUNICIPAL ENFORCEMENT.  The governing body of a municipality by ordinance may:(1)  prohibit a person who does not hold a license issued under this chapter from establishing or operating an assisted living facility within the municipality;  and(2)  establish a procedure for emergency closure of a facility in circumstances in which:(A)  the facility is established or operating in violation of Section 247.021;  and(B)  the continued operation of the facility creates an immediate threat to the health and safety of a resident of the facility.|Added by Acts 1997, 75th Leg., ch. 1088, Sec. 2, eff. Sept. 1, 1997.  Renumbered from Sec. 247.029 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.|