reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.004. Exemptions From Licensing Requirement

Text of section as amended by Acts 2003, 78th Leg., Ch. 198, Sec. 2.63 (a).
Sec. 245.004.  EXEMPTIONS FROM LICENSING REQUIREMENT.  (a)  The following facilities need not be licensed under this chapter:
(1)  a hospital licensed under Chapter 241 (Texas Hospital Licensing Law);  or
(2)  the office of a physician licensed under Subtitle B, Title 3, Occupations Code, unless the office is used for the purpose of performing more than 50 abortions in any 12-month period.
(b)  In computing the number of abortions performed in the office of a physician under Subsection (a)(2), an abortion performed in accordance with Section 245.016 is not included.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.01, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.788, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 198, Sec. 2.63(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.004. Exemptions From Licensing Requirement

Text of section as amended by Acts 2003, 78th Leg., Ch. 999, Sec. 2
Sec. 245.004.  EXEMPTIONS FROM LICENSING REQUIREMENT.  (a)  The following facilities need not be licensed under this chapter:
(1)  a hospital licensed under Chapter 241 (Texas Hospital Licensing Law);
(2)  the office of a physician licensed under Subtitle B, Title 3, Occupations Code, unless the office is used substantially for the purpose of performing abortions;  or
(3)  an ambulatory surgical center licensed under Chapter 243.
(b)  For purposes of this section, a facility is used substantially for the purpose of performing abortions if the facility:
(1)  is a provider for performing:
(A)  at least 10 abortion procedures during any month;  or
(B)  at least 100 abortion procedures in a year;
(2)  operates less than 20 days in a month and the facility, in any month, is a provider for performing a number of abortion procedures that would be equivalent to at least 10 procedures in a month if the facility were operating at least 20 days in a month;
(3)  holds itself out to the public as an abortion provider by advertising by any public means, including advertising placed in a newspaper, telephone directory, magazine, or electronic medium, that the facility performs abortions;  or
(4)  applies for an abortion facility license.
(c)  For purposes of this section, an abortion facility is operating if the facility is open for any period of time during a day and has on site at the facility or on call a physician available to perform abortions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.01, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.788, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 999, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.005. License Application and Issuance

Sec. 245.005.  LICENSE APPLICATION AND ISSUANCE.  (a)  An applicant for an abortion facility license must submit an application to the department on a form prescribed by the department.
(b)  Each application must be accompanied by a nonrefundable license fee in an amount set by the executive commissioner by rule.
(c)  The application must contain evidence that there are one or more physicians on the staff of the facility who are licensed by the Texas Medical Board.
(d)  The department shall issue a license if, after inspection and investigation, it finds that the applicant and the abortion facility meet the requirements of this chapter and the standards adopted under this chapter.
(e)  As a condition for renewal of a license, the licensee must submit to the department the annual license renewal fee and an annual report.
(f)  Information regarding the licensing status of an abortion facility is an open record for the purposes of Chapter 552, Government Code, and shall be made available by the department on request.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 856, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0686, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.006. Inspections

Sec. 245.006.  INSPECTIONS.  (a)  The department shall inspect an abortion facility at random, unannounced, and reasonable times as necessary to ensure compliance with this chapter, Subchapter B, Chapter 171, and Chapter 33, Family Code.
(b)  The department shall inspect an abortion facility before renewing the facility's license under Section 245.005(e).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 8, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 436 (H.B. 3994), Sec. 12, eff. January 1, 2016.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.007. Fees

Sec. 245.007.  FEES.  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter and Chapter 171.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 999, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0687, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.009. Adoption of Rules

Sec. 245.009.  ADOPTION OF RULES.  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 abortion facility.
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. 3.0688, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.010. Minimum Standards

Sec. 245.010.  MINIMUM STANDARDS.  (a)  The rules must contain minimum standards to protect the health and safety of a patient of an abortion facility and must contain provisions requiring compliance with the requirements of Subchapter B, Chapter 171.  On and after September 1, 2014, the minimum standards for an abortion facility must be equivalent to the minimum standards adopted under Section 243.010 for ambulatory surgical centers.
(b)  Only a physician as defined by Subtitle B, Title 3, Occupations Code, may perform an abortion.
(c)  Repealed by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 8, eff. September 1, 2014.
(d)  This section does not authorize the executive commissioner  to:
(1)  establish the qualifications of a licensed practitioner; or
(2)  permit a person to provide health care services who is not authorized to provide those services under other laws of this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 23, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.789, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 999, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 4, eff. October 29, 2013.
Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 8, eff. September 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0689, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.0105. Unique Identifying Number; Disclosure in Advertisement

Sec. 245.0105.  UNIQUE IDENTIFYING NUMBER;  DISCLOSURE IN ADVERTISEMENT.  (a)  The department shall assign to each abortion facility a unique license number that may not change during the period the facility is operating in this state.
(b)  An abortion facility shall include the unique license number assigned to the facility by the department in any abortion advertisement directly relating to the provision of abortion services at the facility.
(c)  In this section, "abortion advertisement" means:
(1)  any communication that advertises the availability of abortion services at an abortion facility and that is disseminated through a public medium, including an advertisement in a newspaper or other publication or an advertisement on television, radio, or any other electronic medium;  or
(2)  any commercial use of the name of the facility as a provider of abortion services, including the use of the name in a directory, listing, or pamphlet.
Added by Acts 1997, 75th Leg., ch. 1120, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.0115. Notification

Sec. 245.0115.  NOTIFICATION.  Not later than the seventh day after the date the report required by Section 245.011 is due, the commissioner of state health services shall notify the Texas Medical Board of a violation of that section.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.0116. Department Report

Sec. 245.0116.  DEPARTMENT REPORT.  (a)  The department shall publish on its Internet website a monthly report containing aggregate data of the information in the reports submitted under Section 245.011.
(b)  The department's monthly report may not identify by any means an abortion facility, a physician performing the abortion, or a patient.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.012. Denial, Suspension, Probation, or Revocation of License

Sec. 245.012.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter.
(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 department may immediately suspend or revoke a license when the health and safety of persons are threatened.  If the department issues an order of immediate suspension or revocation, the department shall immediately give the chief executive officer of the abortion facility adequate notice of the action and the procedure governing appeal of the action.  A person whose license is suspended or revoked under this subsection is entitled to a hearing not later than the 14th day after the effective date of the suspension or revocation.
(d)  If the department finds that an abortion facility is in repeated noncompliance with this chapter or rules adopted under this chapter but that the noncompliance does not in any way involve the health and safety of the public or an individual, the department may schedule the facility for probation rather than suspending or revoking the facility's license.  The department shall provide notice to the facility of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.  The department shall designate a period of not less than 30 days during which the facility will remain under probation.  During the probation period, the facility must correct the items that were in noncompliance and report the corrections to the department for approval.
(e)  The department may suspend or revoke the license of an abortion facility that does not correct items that were in noncompliance or that does not comply with this chapter or the rules adopted under this chapter within the applicable probation period.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 23, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 802, Sec. 7, 8, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.013. Injunction

Sec. 245.013.  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 the violation creates an immediate threat to the health and safety of the patients of an abortion facility.
(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 or prevent the establishment or operation of an abortion facility 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.
(d)  Venue for a suit brought under this section is in the county in which the abortion facility is located or in Travis County.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.014. Criminal Penalty

Sec. 245.014.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 245.003(a).
(b)  An offense under this section is a Class A misdemeanor.
(c)  Each day of a continuing violation constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.02, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.015. Civil Penalty

Sec. 245.015.  CIVIL PENALTY.  (a)  A person who knowingly violates this chapter or who knowingly fails to comply with a rule adopted under this chapter is liable for a civil penalty of not less than $100 or more than $500 for each violation if the department determines the violation threatens the health and safety of a patient.
(b)  Each day of a continuing violation constitutes a separate ground for recovery.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.016. Abortion in Unlicensed Abortion Facility to Prevent Death or Serious Impairment

Sec. 245.016.  ABORTION IN UNLICENSED ABORTION FACILITY TO PREVENT DEATH OR SERIOUS IMPAIRMENT.  This chapter does not remove the responsibility or limit the ability of a physician to perform an abortion in an unlicensed abortion facility if, at the commencement of the abortion, the physician reasonably believes that the abortion is necessary to prevent the death of the patient or to prevent serious impairment of the patient's physical health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.03, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.017. Administrative Penalty

Sec. 245.017.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.
(b)  The penalty may not exceed $1,000 for each violation.  Each day of a continuing violation constitutes a separate violation.
(c)  In determining the amount of an administrative penalty assessed under this section, the department shall consider:
(1)  the seriousness of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter future violations;
(4)  efforts made to correct the violation;  and
(5)  any other matters that justice may require.
(d)  All proceedings for the assessment of an administrative penalty under this chapter are subject to Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.018. Report Recommending Administrative Penalty

Sec. 245.018.  REPORT RECOMMENDING ADMINISTRATIVE PENALTY.  (a)  If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department shall give written notice of the violation to the person alleged to have committed the violation.  The notice shall include:
(1)  a brief summary of the alleged violation;
(2)  a statement of the amount of the proposed penalty, based on the factors listed in Section 245.017(c);  and
(3)  a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.
(b)  Not later than the 20th day after the date the notice is received, the person notified may accept the determination of the department made under this section, including the recommended penalty, or make a written request for a hearing on that determination.
(c)  If the person notified of the violation accepts the determination of the department, the department shall order the person to pay the recommended penalty.
Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0690, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.019. Hearing; Order

Sec. 245.019.  HEARING; ORDER.  (a)  If the person requests a hearing, the department shall transfer the case to the State Office of Administrative Hearings and an administrative law judge of that office shall hold the hearing.
(a-1)  The department shall  give written notice of the hearing to the person.
(b)  The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue to the department a proposal for decision as to the occurrence of the violation and a recommendation as to the amount of the proposed penalty, if a penalty is determined to be warranted.
(c)  Based on the findings of fact and conclusions of law and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and may assess a penalty or may find that no violation has occurred.
Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0691, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.021. Penalty Deposited to State Treasury

Sec. 245.021.  PENALTY DEPOSITED TO STATE TREASURY.  A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.
Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.022. Recovery of Costs

Sec. 245.022.  RECOVERY OF COSTS.  (a)  The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's license is denied, suspended, or revoked or if administrative penalties are assessed against the person.  The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date a department order requiring the payment of expenses and costs is final.  The department may refer the matter to the attorney general for collection of the expenses and costs.
(b)  If the attorney general brings an action against a person under Section 245.013 or 245.015 or an action to enforce an administrative penalty assessed under Section 245.017 and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.
(c)  For purposes of this section, "reasonable expenses and costs" include expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, attorney's fees, witness fees, and deposition expenses.
Added by Acts 1997, 75th Leg., ch. 23, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0693, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.023. Public Information; Toll-Free Telephone Number

Sec. 245.023.  PUBLIC INFORMATION;  TOLL-FREE TELEPHONE NUMBER.  (a)  The department on request shall make the following information available to the public:
(1)  the status of the license of any abortion facility;
(2)  the date of the last inspection of the facility, any violation discovered during that inspection that would pose a health risk to a patient at the facility, any challenge raised by the facility to the allegation that there was a violation, and any corrective action that is acceptable to the department and that is being undertaken by the facility with respect to the violation;  and
(3)  an administrative or civil penalty imposed against the facility or a physician who provides services at the facility, professional discipline imposed against a physician who provides services at the facility, and any criminal conviction of the facility or a physician who provides services at the facility that is relevant to services provided at the facility.
(b)  Subsection (a) does not require the department to provide information that is not in the possession of the department.  The Texas Medical Board shall provide to the department information in the possession of the board that the department is required to provide under Subsection (a).
(c)  The department shall maintain a toll-free telephone number that a person may call to obtain the information described by Subsection (a).
(d)  An abortion facility shall provide to a woman, at the time the woman initially consults the facility, a written statement indicating the number of the toll-free telephone line maintained under Subsection (c).  The written statement must be available in English and Spanish and be in substantially the following form:
"(toll-free telephone number)
You have a right to access certain information concerning this abortion facility by using the toll-free telephone number listed above.  If you make a call to the number, your identity will remain anonymous.  The toll-free telephone line can provide you with the following information:
(1)  Whether this abortion facility is licensed by the Texas Department of State Health Services.
(2)  The date of the last inspection of this facility by the Texas Department of State Health Services and any violations of law or rules discovered during that inspection that may pose a health risk to you.
(3)  Any relevant fine, penalty, or judgment rendered against this facility or a doctor who provides services at this facility."
(e)  This section does not authorize the release of the name, address, or phone number of any employee or patient of an abortion facility or of a physician who provides services at an abortion facility.
Added by Acts 1997, 75th Leg., ch. 1120, Sec. 4, eff. Sept. 1, 1997.  Renumbered from Sec. 245.017 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(65), eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0694, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.024. Compliance With Certain Requirements Regarding Sonogram Before Abortion

Sec. 245.024.  COMPLIANCE WITH CERTAIN REQUIREMENTS REGARDING SONOGRAM BEFORE ABORTION.  An abortion facility shall comply with Subchapter B, Chapter 171.
Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 245 - Abortion Facilities › Section 245.025. Human Trafficking Signs Required

Sec. 245.025.  HUMAN TRAFFICKING SIGNS REQUIRED.  (a)  An abortion facility shall display separate signs, in English, Spanish, and any additional language as required by Subsection (b), side by side in accordance with this section in each restroom and patient consulting room.  The signs must include the following information:
(1)  no person, including an individual's parents, may force any individual to have an abortion;
(2)  it is illegal for a person to force an individual to engage in sexual acts;
(3)  a woman who needs help may call or text a state or national organization that assists victims of human trafficking and forced abortions; and
(4)  the toll-free number of an organization described by Subdivision (3).
(a-1)  In addition to the information required under Subsection (a), the sign must include the contact information for reporting suspicious activity to the Department of Public Safety.
(b)  Signs required under this section must be in English and Spanish.  If an abortion facility is located in a political subdivision required to provide election materials in a language other than English or Spanish under Section 272.011, Election Code, the facility shall display a separate sign in that language.
(c)  Signs required under this section must be at least 8-1/2 by 11 inches in size and displayed in a conspicuous manner clearly visible to the public and employees of an abortion facility.  The notice must cover at least four-fifths of the sign.
(d)  The executive commissioner shall adopt rules as necessary to implement and enforce this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 12, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 280 (H.B. 3721), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter A. General Provisions › Section 246.001. Short Title

Sec. 246.001.  SHORT TITLE.  This chapter may be cited as the Texas Continuing Care Facility Disclosure and Rehabilitation Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter A. General Provisions › Section 246.002. Definitions

Sec. 246.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the State Board of Insurance.
(2)  "Commissioner" means the commissioner of the State Board of Insurance.
(3)  Redesignated by Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 1, eff. June 19, 2015.
(4)  "Continuing care contract" means an agreement that requires the payment of an entrance fee by or on behalf of a resident in exchange for the furnishing of continuing care by a provider and that is effective for:
(A)  the life of the resident;  or
(B)  more than one year.
(5)  "Entrance fee" means an initial or deferred transfer of money or other property valued at an amount exceeding three months' payments for rent or services, made, or promised to be made, as full or partial consideration for acceptance by a provider of a specified individual entitled to receive continuing care under a continuing care contract. The term does not include a deposit made under a reservation agreement.
(6)  "Facility" means an establishment that provides continuing care to an individual.  The term does not include an individual's residence if the residence is not a living unit provided by a provider.
(7)  "Living unit" means a room, apartment, cottage, or other area that is in a facility and that is set aside for the exclusive use or control of one or more specified individuals.
(8)  "Long-term nursing care" means nursing care provided for a period longer than 365 consecutive days.
(9)  "Person" means an individual, corporation, association, or partnership, and includes a fraternal or benevolent order or society.
(10)  "Provider" means a person who undertakes to provide continuing care under a continuing care contract to a resident.
(11)  "Reservation agreement" means an agreement that requires the payment of a deposit to reserve a living unit for a prospective resident.
(12)  "Resident" means an individual entitled to receive continuing care under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 95, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 561, Sec. 31, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 953, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
Redesignated and amended from Health and Safety Code, Section 246.002(3) by Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 2, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter A. General Provisions › Section 246.0025. Definition of Continuing Care

Sec. 246.0025.  DEFINITION OF CONTINUING CARE.  (a) In this chapter, "continuing care" means the furnishing of a living unit, together with personal care services, nursing services, medical services, or other health-related services, regardless of whether the services and the living unit are provided at the same location:
(1)  to an individual who is not related by consanguinity or affinity, as determined under Chapter 573, Government Code, to the person furnishing the care; and
(2)  under a continuing care contract.
(b)  The term "continuing care" includes the furnishing of services described by Subsection (a) to an individual in the individual's residence or otherwise enabling the individual to remain in the individual's residence.
Redesignated and amended from Health and Safety Code, Section 246.002(3) by Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter A. General Provisions › Section 246.003. Board Powers and Duties

Sec. 246.003.  BOARD POWERS AND DUTIES.  (a)  The board shall regulate providers as provided by this chapter.
(b)  The board may adopt rules and take other action as necessary to administer and enforce this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter A. General Provisions › Section 246.004. Rights of Residents

Sec. 246.004.  RIGHTS OF RESIDENTS.  A resident receiving care in a portion of a facility licensed to provide nursing home care, personal care, or custodial care is entitled to all statutory rights provided to a nursing home, personal care, or custodial care resident.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter A. General Provisions › Section 246.005. Licensing for Certain Tax Purposes

Sec. 246.005.  LICENSING FOR CERTAIN TAX PURPOSES.  A facility regulated under this chapter is licensed for purposes of Section 151.314, Tax Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter A. General Provisions › Section 246.006. Quality of Care

Sec. 246.006.  QUALITY OF CARE.  The commissioner may not regulate or in any manner inquire into the quality of care provided in a facility.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter A. General Provisions › Section 246.007. Reduction of Fees

Sec. 246.007.  REDUCTION OF FEES.  The commissioner shall reduce the annual filing fees under this chapter if the cumulative amount of the fees exceeds the actual cost of regulation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter B. Certificate of Authority › Section 246.021. Certificate of Authority Required

Sec. 246.021.  CERTIFICATE OF AUTHORITY REQUIRED.  Unless a provider holds a certificate of authority issued under this subchapter, the provider may not:
(1)  acquire a facility;
(2)  enter into a continuing care contract;  or
(3)  enter into a reservation agreement unless the agreement provides for the full refund, for any reason, of a deposit paid in connection with the agreement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter B. Certificate of Authority › Section 246.022. Application for and Issuance of Certificate of Authority

Sec. 246.022.  APPLICATION FOR AND ISSUANCE OF CERTIFICATE OF AUTHORITY.  (a)  The commissioner shall adopt rules stating the information an applicant for a certificate of authority must submit.
(b)  On receiving an application for a certificate of authority, the commissioner shall conduct a hearing on the application.
(c)  The commissioner shall grant an application for a certificate of authority if the commissioner finds that:
(1)  the applicant or the facility is financially sound;
(2)  the competence, experience, and integrity of the applicant, its board of directors, its officers, or its management make it in the public interest to issue the certificate;  and
(3)  the applicant is capable of complying with this chapter.
(d)  The commissioner shall issue an order approving or disapproving an application not later than the 180th day after the date on which the application is filed.
(e)  The commissioner may limit issuance of certificates of authority to incorporated entities only.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter B. Certificate of Authority › Section 246.023. Mandatory Issuance of Certificate of Authority to Certain Facilities

Sec. 246.023.  MANDATORY ISSUANCE OF CERTIFICATE OF AUTHORITY TO CERTAIN FACILITIES.  (a)  The commissioner shall issue a certificate of authority for a facility that:
(1)  was occupied by at least one resident on September 1, 1987;
(2)  was under construction on September 1, 1987;  or
(3)  incurred substantial financial obligations before September 1, 1987, related to the development of the facility.
(b)  A certificate of authority issued under this section may be suspended or revoked as any other certificate.
(c)  This section prevails over Section 246.022.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter B. Certificate of Authority › Section 246.024. Transfer of Certificate of Authority

Sec. 246.024.  TRANSFER OF CERTIFICATE OF AUTHORITY.  A certificate of authority may not be transferred without the prior approval of the commissioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 96, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter B. Certificate of Authority › Section 246.025. Suspension or Revocation of Certificate of Authority

Sec. 246.025.  SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY.  The commissioner may suspend or revoke a provider's certificate of authority if the provider:
(1)  draws on its entrance fee escrow in an amount greater than provided for by Section 246.073;
(2)  draws on its loan reserve fund escrow in an amount greater than provided for by Section 246.078;  or
(3)  intentionally violates this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 97, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter B. Certificate of Authority › Section 246.026. Management by Others

Sec. 246.026.  MANAGEMENT BY OTHERS.  A holder of a certificate of authority may not contract for management of the facility unless the commissioner is notified of the contract.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter B. Certificate of Authority › Section 246.027. Certificate of Authority Fees

Sec. 246.027.  CERTIFICATE OF AUTHORITY FEES.  (a)  Except as provided by Subsection (b), a facility that files an application for a certificate of authority must pay to the commissioner a fee of $10,000.
(b)  A facility that files an application for a certificate of authority issued under Section 246.023 must pay to the commissioner:
(1)  a fee of $500;  and
(2)  a fee of $2 for each living unit in the facility, excluding a unit devoted to that portion of the facility that is a licensed nursing home.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter C. Continuing Care Contracts and Disclosure Statements › Section 246.041. Precontractual Recording Requirements

Sec. 246.041.  PRECONTRACTUAL RECORDING REQUIREMENTS.  (a)  A provider shall file with the board a current disclosure statement that meets the requirements of this subchapter and shall file copies of the agreements establishing the escrows under Subchapter D or a verified statement explaining that an escrow is not required before the provider:
(1)  contracts to provide continuing care to a resident in this state;
(2)  extends the term of an existing continuing care contract with a resident in this state that requires or allows an entrance fee from any person, regardless of whether the extended contract requires an entrance fee; or
(3)  including a person acting on the provider's behalf, solicits for an individual who is a resident of this state a continuing care contract in this state.
(b)  A contract is solicited in this state if, during the 12-month period preceding the date on which a continuing care contract for a facility is signed or accepted by either party, information concerning the facility or the availability of a continuing care contract for the facility is given:
(1)  by personal, telephone, mail, or other communication directed to and received by a person at a location in this state;  or
(2)  in a paid advertisement published or broadcast from within this state, other than in a publication in which more than two-thirds of the circulation is outside this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 3, eff. June 19, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter C. Continuing Care Contracts and Disclosure Statements › Section 246.042. Delivery of Disclosure Statement

Sec. 246.042.  DELIVERY OF DISCLOSURE STATEMENT.  (a)  A provider who has not been issued a certificate of authority under Subchapter B  must deliver a disclosure statement to any person from whom the provider accepts a deposit in connection with a reservation agreement before the provider accepts the deposit.
(b)  A provider who has been issued a certificate of authority under Subchapter B must deliver a disclosure statement to a person with whom a continuing care contract is to be made before the earlier of:
(1)  the execution of the continuing care contract;  or
(2)  the transfer of any entrance fee or nonrefundable deposit to the provider by or on behalf of the person.
(c)  The most recently filed disclosure statement is the only statement that:
(1)  is current for purposes of this chapter;  and
(2)  may be delivered under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter C. Continuing Care Contracts and Disclosure Statements › Section 246.043. Cover Page of Disclosure Statement

Sec. 246.043.  COVER PAGE OF DISCLOSURE STATEMENT.  The cover page of a disclosure statement must state:
(1)  the date of the statement in a prominent location and in type that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding written material so as to be conspicuous;
(2)  that if the provider has not been issued a certificate of authority under Subchapter B, this chapter requires the delivery of a disclosure statement to a prospective resident before the payment of any deposit to reserve a living unit;
(3)  that this chapter requires the delivery of a disclosure statement to a contracting party before the execution of a continuing care contract or the payment of an entrance fee or nonrefundable deposit;  and
(4)  that the disclosure statement has not been approved by a governmental agency or representative to ensure the accuracy of its information.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 98, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 953, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter C. Continuing Care Contracts and Disclosure Statements › Section 246.044. Contents of Disclosure Statement: Provider

Sec. 246.044.  CONTENTS OF DISCLOSURE STATEMENT:  PROVIDER.  (a)  The disclosure statement must include the name and business address of the provider and a statement of whether the provider is a partnership, corporation, or other type of legal entity.  If the provider is not an individual, the statement must include:
(1)  the name and business address of each officer, director, trustee, and managing or general partner;  and
(2)  the name and business address of each person who has at least a 10 percent interest in the provider and a description of the person's interest in or occupation with the provider.
(b)  The provider may include in the disclosure statement any other material information concerning the facility or the provider.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 246 - Continuing Care Facilities › Subchapter C. Continuing Care Contracts and Disclosure Statements › Section 246.045. Contents of Disclosure Statement: Third Party Management

Sec. 246.045.  CONTENTS OF DISCLOSURE STATEMENT:  THIRD PARTY MANAGEMENT.  If a person, other than an individual directly employed by the provider, is to be the day-to-day manager of a facility, the disclosure statement must include:
(1)  a description of the person's business experience, if any, in the operation or management of a similar facility;
(2)  the name and address of any professional service, firm, association, trust, partnership, or corporation that:
(A)  has in the person, or in which the person has, at least a 10 percent interest;  and
(B)  proposes to provide goods, leases, or services to the facility or to the residents of the facility, of an aggregate value of at least $500 in a year;
(3)  a description of any goods, leases, or services under Subdivision (2), and a statement of their probable or anticipated cost to the facility, provider, or residents, or a statement that their cost cannot be estimated;  and
(4)  a description of any matter in which the person:
(A)  has been convicted of a felony, pleaded nolo contendere to a felony charge, or has been held liable or enjoined in a civil action by final judgment, if the felony or civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property;
(B)  is subject to an injunction or restrictive order of a court of record;  or
(C)  has had any state or federal license or permit suspended or revoked as a result of an action brought by a governmental agency if the order or action arose out of or was related to a business activity in a health care field, including an action affecting a license to operate a foster care facility, a nursing home, a retirement home, a home for the aged, or a facility subject to this chapter or a similar statute in another state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.