reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.002. Reporting of Abuse, Neglect, and Exploitation

Sec. 260A.002.  REPORTING OF ABUSE, NEGLECT, AND EXPLOITATION.  (a)  A person, including an owner or employee of a facility, who has cause to believe that the physical or mental health or welfare of a resident has been or may be adversely affected by abuse, neglect, or exploitation caused by another person shall report the abuse, neglect, or exploitation in accordance with this chapter.
(a-1)  Notwithstanding any other provision of this chapter, a report made under this section that a provider is or may be alleged to have committed abuse, neglect, or exploitation of a resident of a facility other than a prescribed pediatric extended care center shall be investigated by the commission in accordance with Subchapter F, Chapter 48, Human Resources Code, and this chapter does not apply to that investigation.  In this subsection, "facility" and "provider" have the meanings assigned by Section 48.251, Human Resources Code.
(b)  Each facility shall require each employee of the facility, as a condition of employment with the facility, to sign a statement that the employee realizes that the employee may be criminally liable for failure to report those abuses.
(c)  A person shall make an oral or electronic report immediately on learning of the abuse, neglect, or exploitation.
(d)  A facility or provider shall submit a provider investigation report to the commission not later than the fifth day after the date the facility or provider makes the oral or electronic report under Subsection (c).
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 14, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 8, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.003. Contents of Report

Sec. 260A.003.  CONTENTS OF REPORT.  (a)  A report of abuse, neglect, or exploitation is nonaccusatory and reflects the reporting person's belief that a resident has been or will be abused, neglected, or exploited or has died of abuse or neglect.
(b)  The report must contain:
(1)  the name and address of the resident;
(2)  the name and address of the person responsible for the care of the resident, if available; and
(3)  other relevant information.
(c)  Except for an anonymous report under Section 260A.004, a report of abuse, neglect, or exploitation under Section 260A.002 should also include the address or phone number of the person making the report so that an investigator can contact the person for any necessary additional information.  The phone number, address, and name of the person making the report must be deleted from any copy of any type of report that is released to the public, to the facility, or to an owner or agent of the facility.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.004. Anonymous Reports of Abuse, Neglect, or Exploitation

Sec. 260A.004.  ANONYMOUS REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION.  (a)  An anonymous report of abuse, neglect, or exploitation, although not encouraged, shall be received and acted on in the same manner as an acknowledged report.
(b)  An anonymous report about a specific individual that accuses the individual of abuse, neglect, or exploitation need not be investigated.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.005. Telephone Hotline; Processing of Reports

Sec. 260A.005.  TELEPHONE HOTLINE; PROCESSING OF REPORTS.  (a)  The department shall operate the department's telephone hotline to:
(1)  receive reports of abuse, neglect, or exploitation; and
(2)  dispatch investigators.
(b)  A report of abuse, neglect, or exploitation shall be made to the department's telephone hotline or to a local or state law enforcement agency.  A report made relating to abuse, neglect, or exploitation or another complaint described by Section 260A.007(c)(1) shall be made to the department's telephone hotline and to the law enforcement agency described by Section 260A.017(a).
(c)  Except as provided by Section 260A.017, a local or state law enforcement agency that receives a report of abuse, neglect, or exploitation shall refer the report to the department.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.006. Notice

Sec. 260A.006.  NOTICE.  (a)  Each facility shall prominently and conspicuously post a sign for display in a public area of the facility that is readily available to residents, employees, and visitors.
(b)  The sign must include the statement:  CASES OF SUSPECTED ABUSE, NEGLECT, OR EXPLOITATION SHALL BE REPORTED TO THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES BY CALLING (insert telephone hotline number).
(c)  A facility shall provide the telephone hotline number to an immediate family member of a resident of the facility upon the resident's admission into the facility.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.008. Confidentiality

Sec. 260A.008.  CONFIDENTIALITY.  A report, record, or working paper used or developed in an investigation made under this chapter and the name, address, and phone number of any person making a report under this chapter are confidential and may be disclosed only for purposes consistent with rules adopted by the executive commissioner.  The report, record, or working paper and the name, address, and phone number of the person making the report shall be disclosed to a law enforcement agency as necessary to permit the law enforcement agency to investigate a report of abuse, neglect, exploitation, or other complaint in accordance with Section 260A.017.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.009. Immunity

Sec. 260A.009.  IMMUNITY.  (a)  A person who reports as provided by this chapter is immune from civil or criminal liability that, in the absence of the immunity, might result from making the report.
(b)  The immunity provided by this section extends to participation in any judicial proceeding that results from the report.
(c)  This section does not apply to a person who reports in bad faith or with malice.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.010. Privileged Communications

Sec. 260A.010.  PRIVILEGED COMMUNICATIONS.  In a proceeding regarding the abuse, neglect, or exploitation of a resident or the cause of any abuse, neglect, or exploitation, evidence may not be excluded on the ground of privileged communication except in the case of a communication between an attorney and client.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.011. Central Registry

Sec. 260A.011.  CENTRAL REGISTRY.  (a)  The department shall maintain in the city of Austin a central registry of reported cases of resident abuse, neglect, or exploitation.
(b)  The executive commissioner may adopt rules necessary to carry out this section.
(c)  The rules shall provide for cooperation with hospitals and clinics in the exchange of reports of resident abuse, neglect, or exploitation.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.012. Failure to Report; Criminal Penalty

Sec. 260A.012.  FAILURE TO REPORT; CRIMINAL PENALTY.  (a)  A person commits an offense if the person has cause to believe that a resident's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation and knowingly fails to report in accordance with Section 260A.002.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.013. Bad Faith, Malicious, or Reckless Reporting; Criminal Penalty

Sec. 260A.013.  BAD FAITH, MALICIOUS, OR RECKLESS REPORTING; CRIMINAL PENALTY.  (a)  A person commits an offense if the person reports under this chapter in bad faith, maliciously, or recklessly.
(b)  An offense under this section is a Class A misdemeanor.
(c)  The criminal penalty provided by this section is in addition to any civil penalties for which the person may be liable.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.015. Retaliation Against Volunteers, Residents, or Family Members or Guardians of Residents

Sec. 260A.015.  RETALIATION AGAINST VOLUNTEERS, RESIDENTS, OR FAMILY MEMBERS OR GUARDIANS OF RESIDENTS.  (a)  A facility may not retaliate or discriminate against a volunteer, resident, or family member or guardian of a resident because the volunteer, resident, resident's family member or guardian, or any other person:
(1)  makes a complaint or files a grievance concerning the facility;
(2)  reports a violation of law, including a violation of Chapter 242 or 247 or a rule adopted under Chapter 242 or 247; or
(3)  initiates or cooperates in an investigation or proceeding of a governmental entity relating to care, services, or conditions at the facility.
(b)  A volunteer, resident, or family member or guardian of a resident who is retaliated or discriminated against in violation of Subsection (a) is entitled to sue for:
(1)  injunctive relief;
(2)  the greater of $1,000 or actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;
(3)  exemplary damages;
(4)  court costs; and
(5)  reasonable attorney's fees.
(c)  A volunteer, resident, or family member or guardian of a resident who seeks relief under this section must report the alleged violation not later than the 180th day after the date on which the alleged violation of this section occurred or was discovered by the volunteer, resident, or family member or guardian of the resident through reasonable diligence.
(d)  A suit under this section may be brought in the district court of the county in which the facility is located or in a district court of Travis County.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.016. Reports Relating to Deaths of Residents of an Institution

Sec. 260A.016.  REPORTS RELATING TO DEATHS OF RESIDENTS OF AN INSTITUTION.  (a)  In this section, "institution" has the meaning assigned by Section 242.002.
(b)  An institution shall submit a report to the department concerning deaths of residents of the institution.  The report must be submitted not later than the 10th day after the last day of each month in which a resident of the institution dies.  The report must also include the death of a resident occurring within 24 hours after the resident is transferred from the institution to a hospital.
(c)  The institution must make the report on a form prescribed by the department.  The report must contain the name and social security number of the deceased.
(d)  The department shall correlate reports under this section with death certificate information to develop data relating to the:
(1)  name and age of the deceased;
(2)  official cause of death listed on the death certificate;
(3)  date, time, and place of death; and
(4)  name and address of the institution in which the deceased resided.
(e)  Except as provided by Subsection (f), a record under this section is confidential and not subject to the provisions of Chapter 552, Government Code.
(f)  The department shall develop statistical information on official causes of death to determine patterns and trends of incidents of death among residents and in specific institutions.  Information developed under this subsection is public.
(g)  A licensed institution shall make available historical statistics on all required information on request of an applicant or applicant's representative.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260A - Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities › Section 260A.017. Duties of Law Enforcement; Joint Investigation

Sec. 260A.017.  DUTIES OF LAW ENFORCEMENT; JOINT INVESTIGATION.  (a)  The department shall investigate a report of abuse, neglect, exploitation, or other complaint described by Section 260A.007(c)(1) jointly with:
(1)  the municipal law enforcement agency, if the facility is located within the territorial boundaries of a municipality; or
(2)  the sheriff's department of the county in which the facility is located, if the facility is not located within the territorial boundaries of a municipality.
(b)  The law enforcement agency described by Subsection (a) shall acknowledge the report of abuse, neglect, exploitation, or other complaint and begin the joint investigation required by this section within 24 hours after receipt of the report or complaint.  The law enforcement agency shall cooperate with the department and report to the department the results of the investigation.
(c)  The requirement that the law enforcement agency and the department conduct a joint investigation under this section does not require that a representative of each agency be physically present during all phases of the investigation or that each agency participate equally in each activity conducted in the course of the investigation.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260B - Right to Essential Caregiver Visits for Certain Residents › Section 260B.0001. Definitions

Sec. 260B.0001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Essential caregiver" means a family member, friend, guardian, or other individual selected by a resident, resident's guardian, or resident's legally authorized representative for in-person visits.
(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Facility" means:
(A)  a nursing facility licensed under Chapter 242;
(B)  an assisted living facility licensed under Chapter 247; or
(C)  an intermediate care facility for individuals with an intellectual disability licensed under Chapter 252.
(5)  "Program provider" means a person that provides services through the home and community-based services (HCS) waiver program in a residence.
(6)  "Residence" means a three-person or four-person residence, as defined by the home and community-based services (HCS) waiver program billing guidelines, that is leased or owned by a program provider.  The term does not include a host home or companion care.
(7)  "Resident" means:
(A)  an individual, including a patient, who resides in a facility; or
(B)  an individual enrolled in the home and community-based services (HCS) waiver program who resides in a residence.
Added by Acts 2021, 87th Leg., R.S., Ch. 531 (S.B. 25), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260C - In-Person Visitation With Religious Counselor › Section 260C.001. Definitions

Sec. 260C.001.  DEFINITIONS.  In this chapter:
(1)  "Health care facility" means:
(A)  a home and community support services agency licensed under Chapter 142;
(B)  a hospital licensed under Chapter 241;
(C)  a nursing facility licensed under Chapter 242;
(D)  a continuing care facility regulated under Chapter 246;
(E)  an assisted living facility licensed under Chapter 247; or
(F)  a special care facility licensed under Chapter 248.
(2)  "Public health emergency" means:
(A)  a state of disaster or local disaster declared under Chapter 418, Government Code; or
(B)  a public health disaster as defined by Section 81.003.
(3)  "Religious counselor" means an individual acting substantially in a pastoral or religious capacity to provide spiritual counsel to other individuals.
Added by Acts 2021, 87th Leg., R.S., Ch. 519 (S.B. 572), Sec. 2, eff. June 14, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260C - In-Person Visitation With Religious Counselor › Section 260C.002. In-Person Visitation With Religious Counselor

Sec. 260C.002.  IN-PERSON VISITATION WITH RELIGIOUS COUNSELOR. (a) A health care facility may not prohibit a resident or patient of the facility from receiving in-person visitation with a religious counselor during a public health emergency on the request of:
(1)  the patient or resident; or
(2)  if the patient or resident is incapacitated, the patient's or resident's legally authorized representative, including a family member of the patient or resident.
(b)  Notwithstanding Subsection (a), the executive commissioner by rule shall develop guidelines to assist health care facilities in establishing in-person religious counselor visitation policies and procedures.  The guidelines must:
(1)  establish minimum health and safety requirements for in-person visitation with religious counselors;
(2)  allow health care facilities to adopt reasonable time, place, and manner restrictions on in-person visitation with religious counselors to:
(A)  mitigate the spread of a communicable disease; and
(B)  address the patient's or resident's medical condition;
(3)  provide special consideration to patients and residents who are receiving end-of-life care; and
(4)  allow health care facilities to condition in-person visitation with religious counselors on the counselor's compliance with guidelines, policies, and procedures established under this subsection.
(c)  A health care facility may prohibit in-person visitation with a religious counselor during a public health emergency if federal law or a federal agency requires the health care facility to prohibit in-person visitation during that period.
Added by Acts 2021, 87th Leg., R.S., Ch. 519 (S.B. 572), Sec. 2, eff. June 14, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260D - Posting of Office of State Long-Term Care Ombudsman Information by Certain Facilities › Section 260D.001. Definition

Sec. 260D.001.  DEFINITION.  In this chapter, "long-term care facility" means:
(1)  a nursing facility licensed under Chapter 242;
(2)  an assisted living facility licensed under Chapter 247; or
(3)  any other facility providing care to residents who are assisted by the state long-term care ombudsman established under Subchapter F, Chapter 101A, Human Resources Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 732 (H.B. 3961), Sec. 1, eff. January 1, 2022.
Redesignated from Health and Safety Code, Chapter 260C by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(24), eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 260D - Posting of Office of State Long-Term Care Ombudsman Information by Certain Facilities › Section 260D.002. Posting of Office of State Long-Term Care Ombudsman Information on Internet Website

Sec. 260D.002.  POSTING OF OFFICE OF STATE LONG-TERM CARE OMBUDSMAN INFORMATION ON INTERNET WEBSITE.  (a)  Except as provided by Subsection (b), a long-term care facility shall post on the facility's Internet website information about the office of the state long-term care ombudsman established under Subchapter F, Chapter 101A, Human Resources Code, including:
(1)  information regarding the office's role as an advocate for residents of long-term care facilities; and
(2)  the office's statewide toll-free telephone number.
(b)  A long-term care facility:
(1)  may comply with this section by posting the required information on the Internet website of the facility's parent company if the facility does not maintain a unique Internet website; and
(2)  is not required to comply with this section if the facility and any parent company do not maintain an Internet website.
Added by Acts 2021, 87th Leg., R.S., Ch. 732 (H.B. 3961), Sec. 1, eff. January 1, 2022.
Redesignated from Health and Safety Code, Chapter 260C by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(24), eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 261 - Municipal Hospitals › Subchapter A. Type a General-Law Municipalities › Section 261.001. Regulation of Hospitals by Type a General-Law Municipality

Sec. 261.001.  REGULATION OF HOSPITALS BY TYPE A GENERAL-LAW MUNICIPALITY.  The governing body of a Type A general-law municipality may:
(1)  construct or establish one or more hospitals and control and regulate those hospitals;  and
(2)  prohibit or permit and regulate the establishment of private hospitals.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 261 - Municipal Hospitals › Subchapter B. Sale, Lease, or Closure of Municipal Hospital › Section 261.011. Authority of Governing Body

Sec. 261.011.  AUTHORITY OF GOVERNING BODY.  (a)  The governing body of a municipality by ordinance may order the sale, lease, or closure of all or part of a hospital owned and operated by the municipality, including real property.  The ordinance must include a finding by the governing body that the sale, lease, or closure is in the best interest of the residents of the municipality.
(b)  A sale or closure may not take effect before the expiration of the period in which a petition may be filed under Section 261.012.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 261 - Municipal Hospitals › Subchapter B. Sale, Lease, or Closure of Municipal Hospital › Section 261.012. Sale or Closure Petition; Election

Sec. 261.012.  SALE OR CLOSURE PETITION;  ELECTION.  (a)  The governing body shall order and conduct an election on the sale or closure of a hospital if, before the 31st day after the date the governing body orders the sale or closure, the governing body receives a petition signed by at least 10 percent of the qualified voters of the municipality requesting the election.
(b)  If a petition is filed under Subsection (a), the sale or closure is contingent on voter approval.  If a majority of the qualified voters voting on the question approve the sale or closure, the hospital may be sold or closed.  The number of qualified voters of the municipality is determined according to the most recent official list of qualified voters.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 261 - Municipal Hospitals › Subchapter B. Sale, Lease, or Closure of Municipal Hospital › Section 261.013. Form and Terms of Lease in Municipality of 25,000 or Less

Sec. 261.013.  FORM AND TERMS OF LEASE IN MUNICIPALITY OF 25,000 OR LESS.  (a)  The governing body of a municipality with a population of 25,000 or less may lease all or part of a hospital owned by the municipality for operation by the lessee as a public hospital under terms that are satisfactory to the governing body and the lessee.  The term of the lease may not exceed 50 years.
(b)  The lease must:
(1)  be authorized by ordinance or resolution adopted by the governing body;
(2)  be executed on behalf of the municipality by the mayor and the municipal secretary or clerk;  and
(3)  have the seal of the municipality impressed on the lease.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 261 - Municipal Hospitals › Subchapter C. Liability of Nonprofit Management Contractor › Section 261.051. Definition

Sec. 261.051.  DEFINITION.  In this subchapter, "municipal hospital management contractor" means a nonprofit corporation, partnership, or sole proprietorship that manages or operates a hospital or provides services under a contract with a municipality or municipal hospital authority.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 11.02, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 289, Sec. 2, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 26.01, eff. Jan. 11, 2004.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 261 - Municipal Hospitals › Subchapter C. Liability of Nonprofit Management Contractor › Section 261.052. Liability of a Municipal Hospital Management Contractor

Sec. 261.052.  LIABILITY OF A MUNICIPAL HOSPITAL MANAGEMENT CONTRACTOR.  A municipal hospital management contractor in its management or operation of a hospital under a contract with a municipality or a municipal hospital authority is considered a governmental unit for purposes of Chapters 101, 102, and 108, Civil Practice and Remedies Code, and any employee of the contractor is, while performing services under the contract for the benefit of the hospital, an employee of the municipality for the purposes of Chapters 101, 102, and 108, Civil Practice and Remedies Code.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 11.02, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 289, Sec. 2, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 26.01, eff. Jan. 11, 2004.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter A. General Provisions › Section 262.001. Short Title

Sec. 262.001.  SHORT TITLE.  This chapter may be cited as the Hospital Authority 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 C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter A. General Provisions › Section 262.002. Definitions

Sec. 262.002.  DEFINITIONS.  In this chapter:
(1)  "Authority" means a hospital authority created under this chapter.
(2)  "Board" means the board of directors of an authority.
(3)  "Bond" includes a note.
(4)  "Bond resolution" means the resolution authorizing the issuance of revenue bonds.
(5)  "Governing body" means the governing body of a municipality.
(6)  "Hospital" means a hospital project as defined by Section 223.002.
(7)  "Trust indenture" means the mortgage, deed of trust, or other instrument pledging revenues of, or creating a mortgage lien on, properties to secure revenue bonds issued by an authority.
(8)  "Trustee" means the trustee under a trust indenture.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter A. General Provisions › Section 262.003. Creation

Sec. 262.003.  CREATION.  (a)  A governing body may adopt an ordinance creating a hospital authority and designating the name of the authority if the governing body finds that creation of the authority is in the best interest of the municipality and its residents.
(b)  The governing bodies of two or more municipalities may each adopt an ordinance creating a hospital authority that includes those municipalities and designating the name of the authority if the governing bodies find that creation of the authority is in the best interest of the municipalities.
(c)  The authority is composed only of the territory in each municipality in the authority.
(d)  The authority is a body politic and corporate.
(e)  The authority does not have taxing power.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter A. General Provisions › Section 262.004. Tax Exemption

Sec. 262.004.  TAX EXEMPTION.  The authority's property is exempt from taxation because it is held for public purposes only and devoted exclusively to the use and benefit of the public.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter A. General Provisions › Section 262.005. Dissolution

Sec. 262.005.  DISSOLUTION.  (a)  A governing body by ordinance may dissolve an authority created by the governing body if the governing body and the authority provide for the sale or transfer of the authority's assets and liabilities to the municipality or to another person.
(b)  The dissolution of an authority and the sale or transfer of the authority's assets and liabilities may not:
(1)  violate a trust indenture or bond resolution relating to the outstanding bonds of the authority;  or
(2)  diminish or impair the rights of the holders of outstanding bonds, warrants, or other obligations of the authority.
(c)  Except as otherwise provided by this section, an ordinance dissolving an authority takes effect on the 31st day after the date the governing body adopts the ordinance.
(d)  If before the ordinance takes effect the municipality receives a petition requesting a referendum on the dissolution that is signed by a number of registered voters of the municipality equal to at least 10 percent of the number of voters who voted in the most recent municipal election, the ordinance does not take effect and the governing body shall order the election.
(e)  Section 41.001(a), Election Code, requiring an election to be held on a uniform election date, does not apply to an election under this section.  The ballot shall be printed to provide for voting for or against the proposition: "Dissolution of the (name of the authority)."
(f)  If a majority of the votes in the election are cast in favor of the proposition, the ordinance takes effect on a date stated in the order declaring the results of the election.  If a majority of the votes in the election are cast against the proposition, the ordinance does not take effect and the governing body may not adopt an ordinance dissolving the authority before the first anniversary of the date of the election.  That ordinance is also subject to the petition and election requirements of this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter B. Board of Directors › Section 262.011. Board of Directors

Sec. 262.011.  BOARD OF DIRECTORS.  (a)  The authority is governed by a board of directors with at least seven and not more than 11 members.
(b)  The number of directors shall be determined at the time the authority is created.  The number may be changed by amendment of the ordinance or ordinances creating the authority unless prohibited by the resolution authorizing the issuance of bonds or by the trust indenture securing the bonds.  However, a reduction in the number of directors may not shorten the term of an incumbent director.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter B. Board of Directors › Section 262.012. Appointment of Board; Terms of Office

Sec. 262.012.  APPOINTMENT OF BOARD;  TERMS OF OFFICE.  (a)  The governing body or governing bodies shall appoint the directors of the authority for terms not to exceed two years except as otherwise provided by this section.  If the authority includes more than one municipality, each governing body shall appoint an equal number of directors unless the governing bodies agree otherwise.
(b)  The resolution authorizing the issuance of revenue bonds or the trust indenture securing the bonds may prescribe the method of selecting a majority of the directors and the term of office of those directors, and the terms of directors appointed before the issuance of the bonds are subject to the resolution or trust indenture.  The governing body or governing bodies shall appoint the remaining directors.
(c)  The trust indenture may provide that in the event of a default, as defined in the trust indenture, the trustee may appoint all directors.  On that appointment, the terms of the directors in office terminate.
(d)  If the authority purchases an existing hospital or a hospital under construction from a nonprofit corporation, the directors shall be determined as provided in the contract of purchase.
(e)  If the authority is financed under Chapter 223, the governing body or governing bodies by ordinance may require the board to submit nominees for appointment to the board.  If a nominee is rejected by the governing body or governing bodies, the board shall submit another nominee.  The governing body or governing bodies shall select the directors from the nominees submitted by the board and any other nominee submitted by a member of a governing body.  The governing body or governing bodies may also limit the number of successive terms that a director may serve.
(f)  An officer or employee of a municipality in the authority is not eligible for appointment as a director.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter B. Board of Directors › Section 262.013. Officers

Sec. 262.013.  OFFICERS.  (a)  The board shall elect:
(1)  a president and a vice-president, who must be directors;
(2)  a secretary and a treasurer, who are not required to be directors;  and
(3)  any other officers authorized by the authority's bylaws.
(b)  The offices of secretary and treasurer may be combined.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter B. Board of Directors › Section 262.014. Authority of Board

Sec. 262.014.  AUTHORITY OF BOARD.  (a)  Action may be taken by a majority of the directors present if a quorum is present.
(b)  The president has the same right to vote as other directors.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter B. Board of Directors › Section 262.015. Compensation

Sec. 262.015.  COMPENSATION.  A director may not receive compensation for services but is entitled to reimbursement for expenses incurred in performing services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.021. General Powers

Sec. 262.021.  GENERAL POWERS.  (a)  The authority has the power of perpetual succession.
(b)  The authority may:
(1)  have a seal;
(2)  sue and be sued;  and
(3)  make, amend, and repeal its bylaws.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.022. Acquisition, Operation, and Lease of Hospitals

Sec. 262.022.  ACQUISITION, OPERATION, AND LEASE OF HOSPITALS.  (a)  The authority may construct, purchase, enlarge, furnish, or equip one or more hospitals.  A hospital may be located outside the municipality or municipalities.
(b)  The authority may operate and maintain one or more hospitals.  The authority shall operate a hospital without the intervention of private profit for the use and benefit of the public unless the authority leases the hospital.
(c)  The board may lease a hospital, or part of a hospital, owned by the authority for operation by the lessee as a hospital under terms that are satisfactory to the board and the lessee.  The lease must:
(1)  be authorized by resolution of the board;
(2)  be executed on behalf of the authority by the president and secretary of the board;  and
(3)  have the seal of the authority impressed on the lease.
(d)  The bond resolution or trust indenture may prescribe procedures and policies for the operation of a hospital.  If a hospital is used, operated, or acquired by a nonprofit corporation or is leased, the authority may delegate to the nonprofit corporation or lessee the duty to establish the procedures and policies.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.0225. Authority to Borrow Money

Sec. 262.0225.  AUTHORITY TO BORROW MONEY.  (a)  This section applies only to an authority created by a municipality with a population of less than 25,000.
(b)  The board may, on behalf of the authority, borrow money from a federally insured lending institution for any of the authority's purposes.
(c)  The board may borrow money in the amount it considers advisable subject to a rate of interest and other terms and conditions it considers advisable.
(d)  A loan for which bonds are pledged shall mature not later than the first anniversary of the date on which the loan is made.
Added by Acts 1995, 74th Leg., ch. 740, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2003, 78th Leg., ch. 702, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.023. Employees

Sec. 262.023.  EMPLOYEES.  (a)  The board may employ a manager or executive director of a hospital and other employees, experts, and agents.
(b)  The board may delegate to the manager or executive director the authority to manage the hospital and to employ and discharge employees.
(c)  The board may employ legal counsel.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.024. Management Agreement

Sec. 262.024.  MANAGEMENT AGREEMENT.  (a)  The board may enter into an agreement with any person for the management or operation of a hospital, or part of a hospital, owned by the authority under terms that are satisfactory to the board and the contracting party.
(b)  The agreement must:
(1)  be authorized by resolution of the board;
(2)  be executed on behalf of the authority by the president and secretary of the board;  and
(3)  have the seal of the authority impressed on the agreement.
(c)  The board may delegate to the manager the authority to manage the hospital and to employ and discharge employees.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.025. Committees

Sec. 262.025.  COMMITTEES.  (a)  The board, by a resolution adopted by a majority of the directors in office, may designate one or more committees if authorized to do so by the authority's bylaws.
(b)  At least two directors must serve on each committee.  Each committee may have additional nonvoting members who are not directors if authorized by the resolution or the bylaws.
(c)  A committee may exercise the board's power to manage the authority to the extent and in the manner provided by the resolution or the bylaws.  However, the board may not delegate to a committee the authority to:
(1)  issue bonds;
(2)  make or amend a lease of a hospital or a management agreement relating to a hospital;  or
(3)  employ or discharge a manager or executive director.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.026. Rates for Hospital Services

Sec. 262.026.  RATES FOR HOSPITAL SERVICES.  (a)  Except as provided by Subsection (b), through charging sufficient rates for services provided by a hospital and through its other revenue sources the board shall produce revenue sufficient to:
(1)  pay the expenses of owning, operating, and maintaining the hospital;
(2)  pay the interest on the bonds as it becomes due;
(3)  create a sinking fund to pay the bonds as they become due;  and
(4)  create and maintain a bond reserve fund and other funds as provided in the bond resolution or trust indenture.
(b)  If the hospital is used, operated, or acquired by a nonprofit corporation under Chapter 223 or is leased, the board shall require the nonprofit corporation or the lessee to charge rates for services provided by the hospital that are sufficient with the nonprofit corporation's or lessee's other sources of revenue to:
(1)  pay the expenses of operating and maintaining the hospital;  and
(2)  make payments or pay rentals to the authority that are sufficient with the authority's other pledged sources of estimated revenue to:
(A)  pay the interest on the bonds as it becomes due;
(B)  create a sinking fund to pay the bonds as they become due;  and
(C)  create and maintain a bond reserve fund and other funds as provided in the bond resolution or trust indenture.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.027. Depository

Sec. 262.027.  DEPOSITORY.  The authority may:
(1)  select a depository in the same manner that a municipality may select a depository under Chapter 105, Local Government Code;  or
(2)  award its depository contract to the depository or depositories selected as the depository or depositories of the municipality or municipalities in the authority and on the same terms as the terms of the municipal depository agreement or agreements.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.028. Eminent Domain

Sec. 262.028.  EMINENT DOMAIN.  (a)  To carry out a power granted by this chapter, the authority may acquire the fee simple title to land, other property, and easements by condemnation under Chapter 21, Property Code.
(b)  The authority is considered to be a municipal corporation for the purposes of Section 21.021(c), Property Code.
(c)  The board shall determine the amount and character of the interest in land, other property, and easements to be acquired under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.029. Gifts and Endowments

Sec. 262.029.  GIFTS AND ENDOWMENTS.  The board may accept gifts and endowments to hold and administer as required by the respective donors.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle C - Local Hospitals › Chapter 262 - Municipal Hospital Authorities › Subchapter C. Powers and Duties › Section 262.030. Medical Records

Sec. 262.030.  MEDICAL RECORDS.  (a)  The preservation, microfilming, destruction, or other disposition of the records of the authority is subject to Subtitle C, Title 6, Local Government Code.
(b)  The period that medical records are retained shall be in accordance with rules relating to the retention of medical records adopted by the Texas Department of Health and with other applicable federal and state laws and rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 116, eff. Sept. 1, 1991.