reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.007. Inspections

Sec. 141.007.  INSPECTIONS.  (a)  An employee or agent of the department may enter any property for which a license is issued under this chapter, property for which a license application to operate a youth camp is pending, or property on which a youth camp is in operation to investigate and inspect conditions relating to the health and safety of the campers.
(b)  An employee or agent who enters a youth camp to investigate and inspect conditions shall notify the person in charge of the camp of the inspector's presence and shall present proper credentials.  The department may exercise the remedies authorized by Section 141.015(b) if the employee or agent is not allowed to enter.
(c)  The executive commissioner may prescribe reasonable record-keeping requirements for licensed youth camps, including a requirement that the youth camp keep records relating to matters involving the health and safety of campers.  An employee or agent of the department may examine, during regular business hours, any records relating to the health and safety of campers.
(d)  An employee or agent of the department who enters a youth camp to investigate and inspect conditions shall:
(1)  notify the person in charge of the camp or the person's designee of any violations as they are discovered;  and
(2)  allow the camp to correct the violations while the investigation and inspection is occurring.
(e)  The department may not extend or delay an investigation or inspection to allow the youth camp to correct a violation under Subsection (d)(2).
(f)  An employee or agent of the department performing an investigation and inspection under this section may not report a violation that is significant under the department's rules if the violation is corrected during the investigation and inspection.
(g)  A penalty may not be imposed on a youth camp for a violation that is significant under the department's rules if the violation is corrected during an investigation and inspection under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 636, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0382, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.008. Adoption of Rules; Exemption From Application of Certain Rules

Sec. 141.008.  ADOPTION OF RULES;  EXEMPTION FROM APPLICATION OF CERTAIN RULES.  (a)  The executive commissioner may adopt rules to implement this chapter.  In adopting the rules the executive commissioner shall comply with Subchapter B, Chapter 2001, Government Code, including Sections 2001.032(b) and 2001.033, Government Code.  In developing the rules to be adopted by the executive commissioner, the department shall consult parents, youth camp operators, and appropriate public and private officials and organizations.
(b)  A youth camp operator may grant an exemption from compliance with a rule that requires physical examinations or inoculations for children or staff if the exemption is requested on the grounds of religious convictions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 636, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0383, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.0085. Reports of Abuse; Duties of Youth Camp Operator

Sec. 141.0085.  REPORTS OF ABUSE; DUTIES OF YOUTH CAMP OPERATOR.  (a)  The executive commissioner by rule shall establish a procedure for the department to forward a report of alleged abuse of a camper that is received by the department to the Department of Family and Protective Services or another appropriate agency.
(b)  If a law enforcement agency notifies a youth camp operator of the investigation or conviction of an individual who is employed by the camp for an act of sexual abuse, as defined by Section 21.02, Penal Code, that occurred at the camp, the operator shall:
(1)  immediately notify the department of the investigation or conviction; and
(2)  retain all records related to the investigation or conviction until the department notifies the camp that the record retention is no longer required.
Added by Acts 2019, 86th Leg., R.S., Ch. 1325 (H.B. 4372), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.009. Standards

Sec. 141.009.  STANDARDS.  The executive commissioner by rule shall establish health and safety standards for youth camps.  The standards may relate to:
(1)  adequate and proper supervision at all times of camp activities;
(2)  qualifications for directors, supervisors, and staff and sufficient numbers of those persons;
(3)  proper safeguards for sanitation and public health;
(4)  adequate medical services for personal health and first aid;
(5)  proper procedures for food preparation, handling, and mass feeding;
(6)  healthful and sufficient water supply;
(7)  proper waste disposal;
(8)  proper water safety procedures for swimming pools, lakes, and waterways;
(9)  safe boating equipment;
(10)  proper maintenance and safe use of motor vehicles;
(11)  safe buildings and physical facilities;
(12)  proper fire precautions;
(13)  safe and proper recreational and other equipment;
(14)  proper regard for density and use of the premises; and
(15)  records of criminal convictions of camp personnel.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1373, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0384, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.010. Advisory Committee

Sec. 141.010.  ADVISORY COMMITTEE.  (a)  The executive commissioner shall appoint a committee to advise the executive commissioner in the development of standards and procedures, make recommendations to the executive commissioner regarding the content of the rules adopted to implement this chapter, and perform any other functions requested by the executive commissioner in the implementation and administration of the chapter.
(b)  The advisory committee may not exceed nine members, at least two of whom shall be members of the general public.  The other members should be experienced camping professionals who represent the camping communities of the state.  In making the appointments, the executive commissioner shall attempt to reflect the geographic diversity of the state in proportion to the number of camps licensed by the department in each geographic area of the state.
(c)  Advisory committee members serve for staggered six-year terms, with the terms of three members expiring on August 31 of each odd-numbered year.
(d)  A vacancy on the advisory committee is filled by the executive commissioner in the same manner as other appointments to the advisory committee.
(e)  The advisory committee will meet annually and at the call of the commissioner.
(f)  The advisory committee may elect a chairperson, vice-chairperson, and secretary from among its members and may adopt rules for the conduct of its own activities.
Added by Acts 1991, 72nd Leg., ch. 251, Sec. 4, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 636, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0387, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.011. Operator's Duty

Sec. 141.011.  OPERATOR'S DUTY.  A youth camp operator shall provide each camper with safe and healthful conditions, facilities, and equipment that are free from recognized hazards that cause or may tend to cause death, serious illness, or bodily harm.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 141.010 by Acts 1991, 72nd Leg., ch. 251, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.0111. Required Information About Abuse Reporting

Sec. 141.0111.  REQUIRED INFORMATION ABOUT ABUSE REPORTING.  A youth camp operator shall develop and maintain a written policy regarding the method for reporting to the department suspected abuse occurring at the camp.  The operator on request of any person shall provide a copy of the policy to the person.
Added by Acts 2019, 86th Leg., R.S., Ch. 1325 (H.B. 4372), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.0112. Required Notice About Youth Camp Complaints and Disciplinary Actions

Sec. 141.0112.  REQUIRED NOTICE ABOUT YOUTH CAMP COMPLAINTS AND DISCIPLINARY ACTIONS.  (a)  The department shall post on the department's Internet website each youth camp compliance order issued by the department until at least the third anniversary of the date the compliance order was finally adjudicated.
(b)  A youth camp operator shall include on the camp's publicly accessible Internet website a clearly marked link to the youth camp program web page on the department's Internet website.
Added by Acts 2019, 86th Leg., R.S., Ch. 1325 (H.B. 4372), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.012. License Revocation

Sec. 141.012.  LICENSE REVOCATION.  (a)  If the department finds that a violation of this chapter or a rule adopted under this chapter has occurred or is occurring at a youth camp for which a license has been issued, the department shall give written notice to the licensee setting forth the nature of the violation and demanding that the violation cease.
(b)  The department may initiate proceedings to revoke the license if the licensee refuses or fails to comply with the notice in the time and manner directed in the notice.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 141.011 by Acts 1991, 72nd Leg., ch. 251, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.013. Hearings

Sec. 141.013.  HEARINGS.  (a)  The department may:
(1)  call and conduct hearings;
(2)  administer oaths;
(3)  receive evidence;
(4)  issue subpoenas for witnesses, papers, and documents related to the hearing; and
(5)  make findings of fact and decisions concerning the administration of this chapter and rules adopted under this chapter.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(47), eff. April 2, 2015.
(c)  Reasonable notice of the hearing shall be given to all involved parties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 141.012 by Acts 1991, 72nd Leg., ch. 251, Sec. 4, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0388, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0389, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(47), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.014. Judicial Review

Sec. 141.014.  JUDICIAL REVIEW.  A person affected by a ruling, order, or other act of the department may appeal the action.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 141.013 by Acts 1991, 72nd Leg., ch. 251, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.015. Civil Penalty; Injunction

Sec. 141.015.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who violates this chapter or a rule or order adopted under this chapter is subject to a civil penalty of not less than $50 or more than $1,000 for each act of violation.
(b)  If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the department may bring a civil action in a district court for:
(1)  injunctive relief to restrain the person from continuing the violation or threat of violation;
(2)  the assessment of a civil penalty;  or
(3)  both injunctive relief and a civil penalty.
(c)  The district court, on a finding that the person is violating this chapter or a rule or order adopted under this chapter, shall grant the injunctive relief, assess a civil penalty, or both, as warranted by the facts.
(d)  The department may petition a district court for a temporary restraining order to immediately halt a violation or other action creating an emergency condition if it appears that a person:
(1)  is violating or threatening to violate this chapter or a rule or order adopted under this chapter;  or
(2)  is taking any other action that creates an emergency condition that constitutes an imminent danger to the health, safety, or welfare of campers at a youth camp.
(e)  An action for injunctive relief, recovery of a civil penalty, or both, may be brought in the county in which the defendant resides or in which the violation or threat of violation occurs.
(f)  In an action for injunctive relief under this section, the court may grant any prohibitory or mandatory injunction warranted by the facts, including temporary restraining orders, temporary injunctions, and permanent injunctions.  The court shall grant injunctive relief without a bond or other undertaking by the department.
(g)  An appellate court shall give precedence to an action brought under this section over other cases of a different nature on the docket of the court.
(h)  A civil penalty recovered in an action brought by the department under this chapter shall be deposited to the credit of the youth camp health and safety fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 141.014 by Acts 1991, 72nd Leg., ch. 251, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.016. Administrative Penalty

Sec. 141.016.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty if a person violates this chapter or a rule or order adopted or license issued under this chapter.
(b)  In determining the amount of the penalty, the department shall consider:
(1)  the person's previous violations;
(2)  the seriousness of the violation;
(3)  any hazard to the health and safety of the public;
(4)  the person's demonstrated good faith; and
(5)  such other matters as justice may require.
(c)  The penalty may not exceed $1,000 a day for each violation.
(d)  Each day a violation continues may be considered a separate violation.
Added by Acts 1991, 72nd Leg., ch. 251, Sec. 5, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1373, Sec. 4, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 636, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0390, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.017. Administrative Penalty Assessment Procedure

Sec. 141.017.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.  (a)  An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing.
(b)  If a hearing is held, the administrative law judge shall make findings of fact and shall issue a written proposal for decision regarding the occurrence of the violation and the amount of the penalty that may be warranted.
(c)  If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty that may be warranted.
(d)  After making a determination under this section that a penalty is to be assessed against a person, the department shall issue an order requiring that the person pay the penalty.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(47), eff. April 2, 2015.
Added by Acts 1991, 72nd Leg., ch. 251, Sec. 5, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0391, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(47), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.018. Payment of Administrative Penalty

Sec. 141.018.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not later than the 30th day after the date an order finding that a violation has occurred is issued, the department shall inform the person against whom the order is issued of the amount of the penalty for the violation.
(b)  Not later than the 30th day after the date on which a decision or order charging a person with a penalty is final, the person shall:
(1)  pay the penalty in full; or
(2)  file a petition for judicial review of the department's order contesting the amount of the penalty, the fact of the violation, or both.
(b-1)  Within the period prescribed by Subsection (b), 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; or
(B)  posting with the court a supersedeas bond for the amount of the penalty; or
(2)  request that the department 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.
(b-2)  If the department receives a copy of an affidavit under Subsection (b-1)(2), the department may file with the court, within five days 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 or to give a supersedeas bond.
(c)  A bond posted under this section must be in a form approved by the court and be effective until all judicial review of the order or decision is final.
(d)  A person who does not send money to, post the bond with, or file the affidavit with the court within the period prescribed by Subsection (b) waives all rights to contest the violation or the amount of the penalty.
Added by Acts 1991, 72nd Leg., ch. 251, Sec. 5, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0392, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.019. Refund of Administrative Penalty

Sec. 141.019.  REFUND OF ADMINISTRATIVE PENALTY.  On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order that:
(1)  the appropriate amount of any penalty payment plus accrued interest be remitted to the person not later than the 30th day after that date; or
(2)  the bond be released, if the person has posted a bond.
Added by Acts 1991, 72nd Leg., ch. 251, Sec. 5, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0393, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 141 - Youth Camps › Section 141.020. Recovery of Administrative Penalty by Attorney General

Sec. 141.020.  RECOVERY OF ADMINISTRATIVE PENALTY BY ATTORNEY GENERAL.  The attorney general at the request of the department may bring a civil action to recover an administrative penalty under this chapter.
Added by Acts 1991, 72nd Leg., ch. 251, Sec. 5, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0394, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0011. Scope, Purpose, and Implementation

Sec. 142.0011.  SCOPE, PURPOSE, AND IMPLEMENTATION.  (a)  The purpose of this chapter is to ensure that home and community support services agencies in this state deliver the highest possible quality of care.  This chapter and the rules adopted under this chapter establish minimum standards for acceptable quality of care, and a violation of a minimum standard established or adopted under this chapter is a violation of law.  For purposes of this chapter, components of quality of care include:
(1)  client independence and self-determination;
(2)  humane treatment;
(3)  continuity of care;
(4)  coordination of services;
(5)  professionalism of service providers;
(6)  quality of life;
(7)  client satisfaction with services; and
(8)  person-centered service delivery.
(b)  The executive commissioner shall protect clients of home and community support services agencies by adopting rules relating to quality of care and quality of life.
(c)  The department shall protect clients of home and community support services agencies by:
(1)  regulating those agencies;
(2)  strictly monitoring factors relating to the health, safety, welfare, and dignity of each client;
(3)  imposing prompt and effective remedies for violations of this chapter and rules and standards adopted under this chapter;
(4)  enabling agencies to provide person-centered services that allow clients to maintain the highest possible degree of independence and self-determination; and
(5)  providing the public with helpful and understandable information relating to agencies in this state.
Added by Acts 1999, 76th Leg., ch. 276, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0396, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0012. Controlling Person

Sec. 142.0012.  CONTROLLING PERSON.  (a)  A person is a controlling person if the person, acting alone or with others, has the ability to directly or indirectly influence, direct, or cause the direction of the management, expenditure of money, or policies of a home and community support services agency or other person.
(b)  For purposes of this chapter, "controlling person" includes:
(1)  a management company or other business entity that operates or contracts with others for the operation of a home and community support services agency;
(2)  a person who is a controlling person of a management company or other business entity that operates a home and community support services agency or that contracts with another person for the operation of a home and community support services agency;  and
(3)  any other individual who, because of a personal, familial, or other relationship with the owner, manager, or provider of a home and community support services agency, is in a position of actual control or authority with respect to the agency, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the agency.
(c)  A controlling person described by Subsection (b)(3) does not include an employee, lender, secured creditor, or other person who does not exercise formal or actual influence or control over the operation of a home and community support services agency.
(d)  The executive commissioner may adopt rules that specify the ownership interests and other relationships that qualify a person as a controlling person.
Added by Acts 1999, 76th Leg., ch. 276, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0397, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.002. License Required

Sec. 142.002.  LICENSE REQUIRED.  (a)  Except as provided by Section 142.003, a person, including a health care facility licensed under this code, may not engage in the business of providing home health, hospice, habilitation, or personal assistance services, or represent to the public that the person is a provider of home health, hospice, habilitation, or personal assistance services for pay without a home and community support services agency license authorizing the person to perform those services issued by the department for each place of business from which home health, hospice, habilitation, or personal assistance services are directed.  A certified agency must have a license to provide certified home health services.
(b)  A person who is not licensed to provide home health services under this chapter may not indicate or imply that the person is licensed to provide home health services by the use of the words "home health services" or in any other manner.
(c)  A person who is not licensed to provide hospice services under this chapter may not use the word "hospice" in a title or description of a facility, organization, program, service provider, or services or use any other words, letters, abbreviations, or insignia indicating or implying that the person holds a license to provide hospice services under this chapter.
(d)  A license to provide hospice services issued under this chapter authorizes a hospice to own or operate a residential unit or inpatient unit at the licensed site in compliance with the standards and rules adopted under this chapter.
(e)  A license issued under this chapter may not be transferred to another person, but may be transferred from one location to another location.  A change of ownership or location shall be reported to the department.
(f)  A person who is not licensed to provide personal assistance services under this chapter may not indicate or imply that the person is licensed to provide personal assistance services by the use of the words "personal assistance services" or in any other manner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 4, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 198, Sec. 2.194, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0025. Temporary License

Sec. 142.0025.  TEMPORARY LICENSE.  If a person is in the process of becoming certified by the United States Department of Health and Human Services to qualify as a certified agency, the department may issue a temporary home and community support services agency license to the person authorizing the person to provide certified home health services.  A temporary license is effective as provided by rules adopted by the executive commissioner.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 44, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 5, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.02, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.005. Compliance Record in Other States

Sec. 142.005.  COMPLIANCE RECORD IN OTHER STATES.  The department may require an applicant or license holder to provide the department with information relating to compliance by the applicant, the license holder, or a controlling person with respect to the applicant or license holder with regulatory requirements in any other state in which the applicant, license holder, or controlling person operates or operated a home and community support services agency.
Added by Acts 1999, 76th Leg., ch. 276, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0061. Possession of Sterile Water or Saline

Sec. 142.0061.  POSSESSION OF STERILE WATER OR SALINE.  A home and community support services agency or its employees who are registered nurses or licensed vocational nurses may purchase, store, or transport for the purpose of administering to their home health or hospice patients under physician's orders:
(1)  sterile water for injection and irrigation;  and
(2)  sterile saline for injection and irrigation.
Added by Acts 1993, 73rd Leg., ch. 16, Sec. 1, eff. April 2, 1993.  Amended by Acts 1993, 73rd Leg., ch. 789, Sec. 23, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 307, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1129, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0062. Possession of Certain Vaccines or Tuberculin

Sec. 142.0062.  POSSESSION OF CERTAIN VACCINES OR TUBERCULIN.  (a)  A home and community support services agency or its employees who are registered nurses or licensed vocational nurses may purchase, store, or transport for the purpose of administering to the agency's employees, home health or hospice patients, or patient family members under physician's standing orders the following dangerous drugs:
(1)  hepatitis B vaccine;
(2)  influenza vaccine;
(3)  tuberculin purified protein derivative for tuberculosis testing;
(4)  pneumococcal polysaccharide vaccine; and
(5)  any other vaccine approved, authorized for emergency use, or otherwise permitted for use by the United States Food and Drug Administration to treat or mitigate the spread of a communicable disease, as defined by Section 81.003.
(b)  A home and community support services agency that purchases, stores, or transports a vaccine or tuberculin under this section shall ensure that any standing order for the vaccine or tuberculin:
(1)  is signed and dated by the physician;
(2)  identifies the vaccine or tuberculin covered by the order;
(3)  indicates that the recipient of the vaccine or tuberculin has been assessed as an appropriate candidate to receive the vaccine or tuberculin and has been assessed for the absence of any contraindication;
(4)  indicates that appropriate procedures are established for responding to any negative reaction to the vaccine or tuberculin;  and
(5)  orders that a specific medication or category of medication be administered if the recipient has a negative reaction to the vaccine or tuberculin.
Added by Acts 1997, 75th Leg., ch. 1129, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.195, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 49 (H.B. 797), Sec. 1, eff. May 18, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0065. Display of License

Sec. 142.0065.  DISPLAY OF LICENSE.  A license issued under this chapter shall be displayed in a conspicuous place in the designated place of business and must show:
(1)  the name and address of the licensee;
(2)  the name of the owner or owners, if different from the information provided under Subdivision (1);
(3)  the license expiration date;  and
(4)  the types of services authorized to be provided under the license.
Added by Acts 1993, 73rd Leg., ch. 800, Sec. 9, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.007. Notice of Drug Testing Policy

Sec. 142.007.  NOTICE OF DRUG TESTING POLICY.  An agency licensed under this chapter shall provide to the following persons a written statement describing the agency's policy for the drug testing of employees who have direct contact with clients:
(1)  each person applying for services from the agency;  and
(2)  any person requesting the information.
Added by Acts 1999, 76th Leg., ch. 1020, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.008. Branch Office

Sec. 142.008.  BRANCH OFFICE.  (a)  The department may issue a branch office license to a person who holds a license to provide home health or personal assistance services.
(b)  The executive commissioner by rule shall establish eligibility requirements for a branch office license.
(c)  A branch office license expires on the same date as the license to provide home health or personal assistance services held by the applicant for the branch office license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 10, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0400, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0085. Alternate Delivery Site License

Sec. 142.0085.  ALTERNATE DELIVERY SITE LICENSE.  (a)  The department shall issue an alternate delivery site license to a qualified hospice.
(b)  The executive commissioner by rule shall establish standards required for the issuance of an alternate delivery site license.
(c)  An alternate delivery site license expires on the same date as the license to provide hospice services held by the hospice.
Added by Acts 1993, 73rd Leg., ch. 800, Sec. 11, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0401, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0091. Training

Sec. 142.0091.  TRAINING.  (a)  The department shall provide specialized training to representatives of the department who survey home and community support services agencies.  The training must include information relating to:
(1)  the conduct of appropriate surveys that do not focus exclusively on medical standards under an acute care model;
(2)  acceptable delegation of nursing tasks; and
(3)  the provision of person-centered services.
(b)  In developing and updating the training required by Subsection (a), the department shall consult with and include providers of home health, hospice, habilitation, and personal assistance services, recipients of those services and their family members, and representatives of appropriate advocacy organizations.
(c)  The department at least semiannually shall provide joint training for home and community support services agencies and surveyors on subjects that address the 10 most common violations of federal or state law by home and community support services agencies.  The department may charge a home and community support services agency a fee, not to exceed $50 per person, for the training.
Added by Acts 1999, 76th Leg., ch. 276, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.04, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.05, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 12, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 13, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0092. Consumer Complaint Data

Sec. 142.0092.  CONSUMER COMPLAINT DATA.  (a)  The department shall maintain records or documents relating to complaints directed to the department by consumers of home health, hospice, habilitation, or personal assistance services.  The department shall organize the records or documents according to standard, statewide categories as determined by the department.  In determining appropriate categories, the department shall make distinctions based on factors useful to the public in assessing the quality of services provided by a home and community support services agency, including whether the complaint:
(1)  was determined to be valid or invalid;
(2)  involved significant physical harm or death to a patient;
(3)  involved financial exploitation of a patient; or
(4)  resulted in any sanction imposed against the agency.
(b)  The department shall make the information maintained under this section available to the public in a useful format that does not identify individuals implicated in the complaints.
Added by Acts 1999, 76th Leg., ch. 276, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0093. Retaliation Prohibited

Sec. 142.0093.  RETALIATION PROHIBITED.  (a)  A person licensed under this chapter may not retaliate against another person for filing a complaint, presenting a grievance, or providing in good faith information relating to home health, hospice, habilitation, or personal assistance services provided by the license holder.
(b)  This section does not prohibit a license holder from terminating an employee for a reason other than retaliation.
Added by Acts 1999, 76th Leg., ch. 276, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0094. Use of Regulatory Survey Reports and Other Documents

Sec. 142.0094.  USE OF REGULATORY SURVEY REPORTS AND OTHER DOCUMENTS.  (a)  Except as otherwise provided by this section, a survey report or other document prepared by the department that relates to regulation of a home and community support services agency is not admissible as evidence in a civil action to prove that the agency violated a standard prescribed under this chapter.
(b)  Subsection (a) does not:
(1)  bar the admission into evidence of department survey reports or other documents in an enforcement action in which the state or an agency or political subdivision of the state is a party, including:
(A)  an action seeking injunctive relief under Section 142.013;
(B)  an action seeking imposition of a civil penalty under Section 142.014;
(C)  a contested case hearing involving imposition of an administrative penalty under Section 142.017;  and
(D)  a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter;
(2)  bar the admission into evidence of department survey reports or other documents that are offered:
(A)  to establish warning or notice to a home and community support services agency of a relevant department determination;  or
(B)  under any rule or evidentiary predicate of the Texas Rules of Evidence;
(3)  prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that a home and community support services agency violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee's official duties for the department;  or
(4)  prohibit or limit the use of department survey reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the survey reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence.
Added by Acts 1999, 76th Leg., ch. 276, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0095. Investigations of Home and Community Support Services Agencies Providing Hospice Services

Sec. 142.0095.  INVESTIGATIONS OF HOME AND COMMUNITY SUPPORT SERVICES AGENCIES PROVIDING HOSPICE SERVICES.  The commission or its authorized representative shall investigate an allegation of abuse, neglect, or exploitation of a client of any age of a home and community support services agency if:
(1)  the abuse, neglect, or exploitation occurs when the client is receiving inpatient hospice services; and
(2)  the alleged perpetrator of the abuse, neglect, or exploitation is an employee, volunteer, contractor, or subcontractor of the home and community support services agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 878 (H.B. 3079), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.010. Fees

Sec. 142.010.  FEES.  (a)  The executive commissioner by rule shall set license fees for home and community support services agencies in amounts that are reasonable to meet the costs of administering this chapter, except that the fees may not be less than $600 or more than $2,625 for a license to provide home health, hospice, habilitation, or personal assistance services.
(b)  The executive commissioner shall consider the size of the home and community support services agency, the number of clients served, the number of services provided, and the necessity for review of other accreditation documentation in determining the amount collected by the department for initial and renewal license fees.
(c)  A fee charged under this section is nonrefundable.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 13, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1191, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 7, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0403, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 11, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1160 (H.B. 3193), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0104. Change in Application Information

Sec. 142.0104.  CHANGE IN APPLICATION INFORMATION.  (a)  If certain application information as specified by department rule changes after the applicant submits an application to the department for a license under this chapter or after the department issues the license, the license holder shall report the change to the department and pay a fee not to exceed $50 not later than the time specified by department rule.
(b)  The executive commissioner by rule shall:
(1)  specify the information provided in an application that a license holder shall report to the department if the information changes;
(2)  prescribe the time for reporting a change in the application information required by Subdivision (1);
(3)  establish which changes required to be reported under Subdivision (1) will require department evaluation and approval; and
(4)  set the amount of a late fee to be assessed against a license holder who fails to report a change in the application information within the time prescribed under Subdivision (2).
Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.06, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 14, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0404, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 142 - Home and Community Support Services › Subchapter A. Home and Community Support Services License › Section 142.0105. License Renewal

Sec. 142.0105.  LICENSE RENEWAL.  (a)  A person who is otherwise eligible to renew a license may renew an unexpired license by submitting a completed application for renewal and paying the required renewal fee to the department not later than the 45th day before the expiration date of the license.  A person whose license has expired may not engage in activities that require a license.
(b)  An applicant for a license renewal who submits an application later than the 45th day before the expiration date of the license is subject to a late fee in accordance with department rules.
(c)   Not later than the 120th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.  The written notice must include an application for license renewal and instructions for completing the application.
Added by Acts 1999, 76th Leg., ch. 887, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 8, eff. September 1, 2007.