reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter A. General Provisions › Section 247.0011. Scope, Purpose, and Implementation

Sec. 247.0011.  SCOPE, PURPOSE, AND IMPLEMENTATION.  (a)  The purpose of this chapter is to ensure that assisted living facilities in this state deliver the highest possible quality of care.  This chapter and the rules adopted under this chapter establish minimum acceptable levels of care, and a violation of a minimum acceptable level of care established under this chapter is a violation of law.  For purposes of this chapter, components of quality of care include:
(1)  resident independence and self-determination;
(2)  humane treatment;
(3)  conservative intervention;
(4)  access to care;
(5)  continuity of care;
(6)  coordination of services;
(7)  safe surroundings;
(8)  professionalism of service providers;
(9)  participation in useful studies;  and
(10)  quality of life.
(b)  The executive commissioner shall protect residents of assisted living facilities by:
(1)  adopting rules relating to quality of care and quality of life; and
(2)  adopting rules relating to the assessment of the condition and service needs of each resident.
(b-1)  The department shall protect residents of assisted living facilities by:
(1)  promoting policies that maximize the dignity, autonomy, privacy, and independence of each resident;
(2)  regulating the construction, maintenance, and operation of assisted living facilities;
(3)  strictly monitoring factors relating to the health, safety, welfare, and dignity of each resident;
(4)  imposing prompt and effective remedies for violations of this chapter and rules and standards adopted under this chapter;
(5)  promoting a residential environment that allows residents to maintain the highest possible degree of independence and self-determination; and
(6)  providing the public with helpful and understandable information relating to the operation of assisted living facilities in this state.
(c)  Assisted living services are driven by a service philosophy that emphasizes personal dignity, autonomy, independence, and privacy.  Assisted living services should enhance a person's ability to age in place in a residential setting while receiving increasing or decreasing levels of service as the person's needs change.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0695, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter A. General Provisions › Section 247.003. Application of Other Law

Sec. 247.003.  APPLICATION OF OTHER LAW.  (a)  Except as provided by Subsections (b) and (c), Chapter 242 does not apply to an assisted living facility licensed under this chapter.
(b)  Subchapter D, Chapter 242, applies to an assisted living facility, and the department shall administer and enforce that subchapter for an assisted living facility in the same manner it is administered and enforced for a nursing home.
(c)  Except as provided by this subsection, Subchapter R, Chapter 242, applies to an assisted living facility, and the department shall administer that subchapter for an assisted living facility in the same manner it is administered and enforced for a nursing home, but shall enforce that subchapter in accordance with the sanctions authorized by this chapter.  Sections 242.851 and 242.852 do not apply to an assisted living facility or to conduct within an assisted living facility.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 160, Sec. 1, eff. May 27, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter A. General Provisions › Section 247.004. Exemptions

Sec. 247.004.  EXEMPTIONS.  This chapter does not apply to:
(1)  a boarding home facility as defined by Section 260.001;
(2)  an establishment conducted by or for the adherents of the Church of Christ, Scientist, for the purpose of providing facilities for the care or treatment of the sick who depend exclusively on prayer or spiritual means for healing without the use of any drug or material remedy if the establishment complies with local safety, sanitary, and quarantine ordinances and regulations;
(3)  a facility conducted by or for the adherents of a qualified religious society classified as a tax-exempt organization under an Internal Revenue Service group exemption ruling for the purpose of providing personal care services without charge solely for the society's professed members or ministers in retirement, if the facility complies with local safety, sanitation, and quarantine ordinances and regulations; or
(4)  a facility that provides personal care services only to persons enrolled in a program that:
(A)  is funded in whole or in part by the department and that is monitored by the department or its designated local intellectual and developmental disability authority in accordance with department rules; or
(B)  is funded in whole or in part by the Department of State Health Services and that is monitored by that department, or by its designated local mental health authority in accordance with department rules.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 608, Sec. 1, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1106 (H.B. 216), Sec. 3, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(5), eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.08(b), eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0698, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter A. General Provisions › Section 247.005. Controlling Person

Sec. 247.005.  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 an assisted living facility or other person.
(b)  For purposes of this chapter, "controlling person" includes:
(1)  a management company, landlord, or other business entity that operates or contracts with others for the operation of an assisted living facility;
(2)  a person who is a controlling person of a management company or other business entity that operates an assisted living facility or that contracts with another person for the operation of an assisted living facility;  and
(3)  any other individual who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of an assisted living facility, is in a position of actual control or authority with respect to the facility, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility.
(b-1)  Notwithstanding any other provision of this section, for purposes of this chapter, a controlling person of an assisted living facility or of a management company or other business entity described by Subsection (b)(1) that is a publicly traded corporation or is controlled by a publicly traded corporation means an officer or director of the corporation.  The term does not include a shareholder or lender of the publicly traded corporation.
(c)  A controlling person described by Subsection (b)(3) does not include an employee, lender, secured creditor, landlord, or other person who does not exercise formal or actual influence or control over the operation of an assisted living facility.
(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. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 3, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0699, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter A. General Provisions › Section 247.007. Compliance With Chapter 260a

Sec. 247.007.  COMPLIANCE WITH CHAPTER 260A.  (a)  An assisted living facility shall comply with Chapter 260A and the rules adopted under that chapter.
(b)  A person, including an owner or employee of an assisted living facility, shall comply with Chapter 260A and the rules adopted under that chapter.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(i), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0211. Expedited Inspection

Sec. 247.0211.  EXPEDITED INSPECTION.  (a)  The executive commissioner shall adopt rules to implement an expedited inspection process that allows an applicant for an assisted living facility license or for a renewal of a license to obtain:
(1)  a life safety code and physical plant inspection not later than the 15th day after the date the request is made; or
(2)  an on-site health inspection not later than the 21st day after the date the request is made.
(b)  The department may charge a fee to recover the cost of the expedited inspection.
Added by Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 5, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0701, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 362 (H.B. 823), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 362 (H.B. 823), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.023. Issuance and Renewal of License

Sec. 247.023.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  The commission shall issue a license if, after inspection and investigation, it finds that the applicant, the assisted living facility, and all controlling persons with respect to the applicant or facility meet the requirements of this chapter and the standards adopted under this chapter.  The license expires on the third anniversary of the date of its issuance.  The executive commissioner by rule shall adopt a system under which licenses expire on staggered dates during each three-year period.  The commission shall prorate the license fee as appropriate if the expiration date of a license changes as a result of this subsection.
(b)  To renew a license, the license holder must submit to the commission the license renewal fee.
(c)  The commission may require participation in a continuing education program as a condition of renewal of a license.  The executive commissioner shall adopt rules to implement this subsection.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 14, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0703, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0231. Compliance Record in Other States

Sec. 247.0231.  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 another state in which the applicant, license holder, or controlling person operates or operated an assisted living facility.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.024. Fees; Disposition of Revenue

Sec. 247.024.  FEES;  DISPOSITION OF REVENUE.  (a)  The executive commissioner by rule shall set license fees imposed by this chapter:
(1)  on the basis of the number of beds in assisted living facilities required to pay the fee; and
(2)  in amounts reasonable and necessary to defray the cost of administering this chapter, but not to exceed $2,250.
(b)  The executive commissioner shall establish by rule a base fee schedule and a per bed fee schedule.
(c)  All fees or penalties collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.
(d)  Investigation fees or attorney's fees may not be assessed against or collected from an assisted living facility by or on behalf of the commission or another state agency unless the commission or other state agency assesses and collects a penalty authorized by this chapter from the facility.
(e)  An applicant who submits a license renewal later than the 45th day before the expiration date of a current license is subject to a late fee in accordance with commission rules.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 416, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 15, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0704, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.025. Adoption of Rules

Sec. 247.025.  ADOPTION OF RULES.  (a)  The executive commissioner shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an assisted living facility.
(b)  The executive commissioner shall adopt rules distinguishing and providing guidelines on the scope of services that an assisted living facility may provide under this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0705, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 298 (H.B. 3329), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0251. Construction in 100-Year Floodplain in Certain Counties Prohibited

Sec. 247.0251.  CONSTRUCTION IN 100-YEAR FLOODPLAIN IN CERTAIN COUNTIES PROHIBITED.  (a)  In this section, "100-year floodplain" means an area that is subject to inundation by a 100-year flood, which is a flood that has a one percent or greater chance of occurring in any given year, as determined from maps or other data from the Federal Emergency Management Agency, or, if not mapped by the Federal Emergency Management Agency, from the United States Department of Agriculture soil maps.
(b)  In a county with a population of 3.3 million or more, the executive commissioner by rule shall prohibit the construction of a new assisted living facility licensed under this chapter within a 100-year floodplain.
(c)  The prohibition on new construction under this section does not apply to expansions or renovations of existing assisted living facilities.
Added by Acts 2021, 87th Leg., R.S., Ch. 668 (H.B. 1681), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0255. Restraint and Seclusion

Sec. 247.0255.  RESTRAINT AND SECLUSION.  A person providing services to a resident of an assisted living facility shall comply with Chapter 322 and the rules adopted under that chapter.
Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0261. Early Compliance Review

Sec. 247.0261.  EARLY COMPLIANCE REVIEW.  (a)  The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify an assisted living facility may submit building plans to the department for review for compliance with the department's architectural requirements before beginning construction or modification.  In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans.
(b)  The department shall, within 30 days, review plans submitted under this section for compliance with the department's architectural requirements and inform the person of the results of the review.  If the plans comply with the department's architectural requirements, the department may not subsequently change the architectural requirements applicable to the project unless:
(1)  the change is required by federal law;  or
(2)  the person fails to complete the project within a reasonable time.
(c)  The department may charge a reasonable fee for conducting a review under this section.
(d)  A fee collected under this section shall be deposited in the general revenue fund to the credit of the assisted living account.
(e)  The review procedure provided by this section does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced by the Texas Department of Licensing and Regulation.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0707, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0262. Report on Life Safety Code Surveys

Sec. 247.0262.  REPORT ON LIFE SAFETY CODE SURVEYS.  (a)  The department shall annually report the number of life safety code surveys for an initial assisted living facility license with respect to which the department first visits the facility to conduct the survey more than 60 days after the date the applicant notifies the department that the applicant is ready for the initial survey.
(b)  The department may report other data related to the timeliness of life safety code surveys or the processing time of license applications.
(c)  The department may include the information described by Subsections (a) and (b) in any required annual regulatory report.
Added by Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0263. Life Safety Code Technical Memorandum

Sec. 247.0263.  LIFE SAFETY CODE TECHNICAL MEMORANDUM.  (a)  At least twice each year, the commission shall issue a technical memorandum providing guidance on the interpretation of minimum life safety code standards prescribed under this chapter and by commission rule.  Any new requirement that relates to an existing standard must first appear in a technical memorandum.
(b)  The commission shall solicit comments from interested parties and experts to assist in determining which standards need to be addressed in a technical memorandum issued under this section.
(c)  The commission shall post the technical memorandum on the commission's Internet website.
(d)  A technical memorandum issued under this section is binding and must be followed by a person conducting a life safety code survey under this chapter.
(e)  This section does not affect the commission's rulemaking process.
Added by Acts 2017, 85th Leg., R.S., Ch. 66 (S.B. 1049), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0264. Accessibility Standards

Sec. 247.0264.  ACCESSIBILITY STANDARDS.  (a)  The Texas Department of Licensing and Regulation governs the interpretation and enforcement of accessibility standards in assisted living facilities as provided by Chapter 469, Government Code.
(b)  An assisted living facility that during initial licensing passed an on-site inspection by the Texas Department of Licensing and Regulation relating to the facility's compliance with the accessibility standards may not be cited by the commission for a violation relating to the accessibility standards.  If the commission issues a citation relating to compliance with accessibility standards to a facility that has not been inspected by the Texas Department of Licensing and Regulation for compliance with the accessibility standards, the commission shall rescind the citation on the facility's passage of the on-site inspection by the Texas Department of Licensing and Regulation.
Added by Acts 2017, 85th Leg., R.S., Ch. 66 (S.B. 1049), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.027. Inspections

Sec. 247.027.  INSPECTIONS.  (a)  In addition to the inspection required under Section 247.023(a), the commission:
(1)  shall inspect each assisted living facility at least every two years following the initial inspection required under Section 247.023(a); and
(2)  may inspect a facility at other reasonable times as necessary to assure compliance with this chapter.
(b)  The commission shall establish an inspection checklist based on the minimum standards that describes the matters subject to inspection.  The commission shall use the inspection checklist in conducting inspections under this section and Section 247.023(a).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0271. Inspection Exit Conference

Sec. 247.0271.  INSPECTION EXIT CONFERENCE.  (a)  At the conclusion of an inspection under Section 247.023(a) or Section 247.027, the inspector shall perform an exit conference to advise the assisted living facility of the findings resulting from the inspection.
(b)  At the exit conference, the inspector shall provide a copy of the inspection checklist to the assisted living facility and list each violation discovered during the inspection, with specific reference to the standard violated.
(c)  If, after the initial exit conference, additional violations are cited, the inspector shall conduct an additional exit conference regarding the newly identified violations.  An additional exit conference must be held in person and may not be held by telephone, e-mail, or facsimile transmission.
(d)  The assisted living facility shall submit a plan of correction to the regional director with supervisory authority over the inspector not later than the 10th working day after the date the facility receives the final official statement of violations.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1248, Sec. 17, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 974 (S.B. 344), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0272. Inspector Training; Required Examination

Sec. 247.0272.  INSPECTOR TRAINING;  REQUIRED EXAMINATION.  (a)  The department shall develop and implement a training program to provide specialized training to department employees who inspect assisted living facilities under this chapter.  The training must emphasize the distinction between an assisted living facility and an institution licensed under Chapter 242.
(b)  In developing and updating the training program required by this section, the department shall consult with operators of assisted living facilities and consumers of personal care services provided by assisted living facilities or legal representatives of those consumers.
(c)  The department shall examine department employees who inspect or otherwise survey assisted living facilities under this chapter.  In developing the examination, the department shall consult with operators of assisted living facilities or their representatives and with consumers of personal care services provided by assisted living facilities or representatives of consumers.
(d)  A department employee may not independently inspect, survey, or take administrative action against an assisted living facility unless the employee has passed the examination administered under Subsection (c).
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1248, Sec. 3, 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0275. Registration With Texas Information and Referral Network

Sec. 247.0275.  REGISTRATION WITH TEXAS INFORMATION AND REFERRAL NETWORK.
Text of subsection effective until April 01, 2025
(a)  An assisted living facility licensed under this chapter shall register with the Texas Information and Referral Network under Section 531.0312, Government Code, to assist the state in identifying persons needing assistance if an area is evacuated because of a disaster or other emergency.
Text of subsection effective on April 01, 2025
(a)  An assisted living facility licensed under this chapter shall register with the Texas Information and Referral Network under Section 526.0004, Government Code, to assist the state in identifying persons needing assistance if an area is evacuated because of a disaster or other emergency.
(b)  The assisted living facility is not required to identify individual residents who may require assistance in an evacuation or to register individual residents with the Texas Information and Referral Network for evacuation assistance.
(c)  The assisted living facility shall notify each resident and the resident's next of kin or guardian regarding how to register for evacuation assistance with the Texas Information and Referral Network.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.18, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.45, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.028. Assistance by Department

Sec. 247.028.  ASSISTANCE BY DEPARTMENT.  The department may provide assistance to an assisted living facility, including the provision of training materials, the coordination of training conferences and workshops with other state agencies, and the development of a provider's handbook explaining assisted living facility rules.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.029. Facilities for Persons With Alzheimer's Disease

Sec. 247.029.  FACILITIES FOR PERSONS WITH ALZHEIMER'S DISEASE.  (a)  The executive commissioner by rule shall establish a classification and license for a facility that advertises, markets, or otherwise promotes that the facility provides personal care services to residents who have Alzheimer's disease or related disorders.  A facility is not required to be classified under this section to provide care or treatment to residents who have Alzheimer's disease or related disorders.
(b)  The executive commissioner shall adopt minimum standards for an assisted living facility classified under this section.
(c)  An individual may not serve as the manager of an assisted living facility classified under this section or as the supervisor of an assisted living facility unit classified under this section unless the individual is at least 21 years of age and has:
(1)  an associate's degree from a public or private institution of higher education in nursing, health care management, or a related field;
(2)  a bachelor's degree from a public or private institution of higher education in psychology, gerontology, nursing, or a related field;  or
(3)  at least one year of experience working with persons with dementia.
(d)  The executive commissioner by rule shall adopt a definition of "Alzheimer's disease and related disorders," and may adopt by reference a definition published in a generally accepted clinical resource for medical professionals. The executive commissioner shall modify the definition as necessary to conform to changes in medical practice.
Added by Acts 1997, 75th Leg., ch. 444, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0708, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1256 (H.B. 2588), Sec. 4, eff. June 20, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.0295. Notice of Alzheimer's Disease or Related Disorders License Classification

Sec. 247.0295.  NOTICE OF ALZHEIMER'S DISEASE OR RELATED DISORDERS LICENSE CLASSIFICATION.  (a)  An assisted living facility advertising, marketing, or otherwise promoting that the facility provides memory care services shall provide to each facility resident written notice disclosing whether the facility holds a license or does not hold a license classified under Section 247.029 to provide personal care services to residents with Alzheimer's disease or related disorders.
(b)  An assisted living facility that provides the notice required under Subsection (a) is not required under Section 247.026(c-1) to include in the facility's consumer disclosure statement information on whether the facility holds a license classified under Section 247.029 to provide personal care services to residents with Alzheimer's disease or related disorders.
Added by Acts 2021, 87th Leg., R.S., Ch. 514 (S.B. 383), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.031. Municipal Enforcement

Sec. 247.031.  MUNICIPAL ENFORCEMENT.  The governing body of a municipality by ordinance may:
(1)  prohibit a person who does not hold a license issued under this chapter from establishing or operating an assisted living facility within the municipality;  and
(2)  establish a procedure for emergency closure of a facility in circumstances in which:
(A)  the facility is established or operating in violation of Section 247.021;  and
(B)  the continued operation of the facility creates an immediate threat to the health and safety of a resident of the facility.
Added by Acts 1997, 75th Leg., ch. 1088, Sec. 2, eff. Sept. 1, 1997.  Renumbered from Sec. 247.029 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 247.032. Accreditation Survey to Satisfy Inspection Requirements

Sec. 247.032.  ACCREDITATION SURVEY TO SATISFY INSPECTION REQUIREMENTS.  (a)  In this section, "accreditation commission" means the Commission on Accreditation of Rehabilitation Facilities (CARF), The Joint Commission, or another organization approved by the executive commissioner.
(b)  The department shall accept an accreditation survey from an accreditation commission for an assisted living facility instead of an inspection under Section 247.023 or an annual inspection or survey conducted under the authority of Section 247.027, but only if:
(1)  the accreditation commission's standards meet or exceed the requirements for licensing of the executive commissioner for an assisted living facility;
(2)  the accreditation commission maintains an inspection or survey program that, for each assisted living facility, meets the department's applicable minimum standards as confirmed by the executive commissioner;
(3)  the accreditation commission conducts an on-site inspection or survey of the facility at least as often as required by Section 247.023 or 247.027 and in accordance with the department's minimum standards;
(4)  the assisted living facility submits to the department a copy of its required accreditation reports to the accreditation commission in addition to the application, the fee, and any report required for renewal of a license;
(5)  the inspection or survey results are available for public inspection to the same extent that the results of an investigation or survey conducted under Section 247.023 or 247.027 are available for public inspection; and
(6)  the department ensures that the accreditation commission has taken reasonable precautions to protect the confidentiality of personally identifiable information concerning the residents of the assisted living facility.
(c)  The department shall coordinate its licensing activities with each of the accreditation commissions.
(d)  Except as specifically provided by this section, this section does not limit the department in performing any power or duty under this chapter or inspection authorized by Section 247.027, including taking appropriate action relating to an assisted living facility, such as suspending or revoking a license, investigating an allegation of abuse, exploitation, or neglect or another complaint, assessing an administrative penalty, or closing the facility.
(e)  This section does not require an assisted living facility to obtain accreditation from an accreditation commission.
Added by Acts 2005, 79th Leg., Ch. 579 (H.B. 1558), Sec. 1, eff. January 1, 2006.
Added by Acts 2005, 79th Leg., Ch. 870 (S.B. 1055), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 8, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0709, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.041. Denial, Suspension, or Revocation of License

Sec. 247.041.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The department, after providing notice and opportunity for a hearing to the applicant or license holder, may deny, suspend, or revoke a license if the department finds that the applicant, license holder, or a controlling person has:
(1)  violated this chapter or a rule, standard, or order adopted or license issued under this chapter in either a repeated or substantial manner;  or
(2)  committed any act described by Sections 247.0451(a)(2)-(6).
(b)  The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
(c)  The status of a person as an applicant for a license or as a license holder is preserved until final disposition of the contested matter, except as the court having jurisdiction of a judicial review of the matter may order in the public interest for the welfare and safety of the residents.
(d)  A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve a dispute involving the denial, suspension, or revocation of a license under this section or the conduct with respect to which the denial, suspension, or revocation of the license is sought.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1248, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.042. Emergency Suspension or Closing Order

Sec. 247.042.  EMERGENCY SUSPENSION OR CLOSING ORDER.  (a)  If the department finds an assisted living facility operating in violation of the standards prescribed by this chapter and the violations create an immediate threat to the health and safety of a resident in the facility, the department may suspend the license or order immediate closing of all or part of the facility.
(b)  The order suspending a license under Subsection (a) is effective immediately on written notice to the license holder or on the date specified in the order.
(c)  The order suspending the license and ordering closure of all or part of an assisted living facility is valid for 10 days after its effective date.
(d)  The department shall provide for the relocation of residents of an assisted living facility that is closed.  The relocation may not be to a facility with a more restrictive environment unless all other reasonable alternatives are exhausted.  Relocation procedures shall be adopted as part of the memorandum of understanding adopted under Section 247.061.
(e)  The department and the State Office of Administrative Hearings shall expedite any hearing or decision involving an emergency suspension or closing order issued under this section.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1248, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.043. Investigation of Abuse, Exploitation, or Neglect

Sec. 247.043.  INVESTIGATION OF ABUSE, EXPLOITATION, OR NEGLECT.  (a)  The department shall conduct an investigation in accordance with Section 260A.007 after receiving a report of abuse, exploitation, or neglect of a resident of an assisted living facility.
Text of subsection effective until April 01, 2025
(b)  If the thorough investigation reveals that abuse, exploitation, or neglect has occurred, the department shall:
(1)  implement enforcement measures, including closing the facility, revoking the facility's license, relocating residents, and making referrals to law enforcement agencies;
(2)  notify the Department of Family and Protective Services of the results of the investigation;
(3)  notify a health and human services agency, as defined by Section 531.001, Government Code, that contracts with the facility for the delivery of personal care services of the results of the investigation;  and
(4)  provide to a contracting health and human services agency access to the department's documents or records relating to the investigation.
Text of subsection effective on April 01, 2025
(b)  If the thorough investigation reveals that abuse, exploitation, or neglect has occurred, the department shall:
(1)  implement enforcement measures, including closing the facility, revoking the facility's license, relocating residents, and making referrals to law enforcement agencies;
(2)  notify the Department of Family and Protective Services of the results of the investigation;
(3)  notify a health and human services agency, as defined by Section 521.0001, Government Code, that contracts with the facility for the delivery of personal care services of the results of the investigation; and
(4)  provide to a contracting health and human services agency access to the department's documents or records relating to the investigation.
(c)  Providing access to a confidential document or record under Subsection (b)(4) does not constitute a waiver of confidentiality.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(j), eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0711, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.46, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.044. Injunction

Sec. 247.044.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that:
(1)  the violation creates an immediate threat to the health and safety of the assisted living facility residents;  or
(2)  the facility is operating without a license.
(b)  A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter, may by injunction:
(1)  prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter;
(2)  restrain the establishment or operation of an assisted living facility without a license issued under this chapter;  or
(3)  grant any other injunctive relief warranted by the facts.
(c)  The department may petition a district court for a temporary restraining order to inspect a facility allegedly required to be licensed and operating without a license when admission to the facility cannot be obtained.  If it is shown that admission to the facility cannot be obtained, the court shall order the facility to allow the department admission to the facility.
(d)  The attorney general or local prosecuting attorney may institute and conduct a suit authorized by this section at the request of the department.
(e)  Venue for a suit brought under this section is in the county in which the assisted living facility is located or in Travis County.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.  Renumbered from 247.043 and amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 416, Sec. 3, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1088, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.0454. Hearing on Administrative Penalty

Sec. 247.0454.  HEARING ON ADMINISTRATIVE PENALTY.  (a)  An administrative law judge shall order a hearing and the department shall give notice of the hearing if a person charged with a violation under Section 247.0451 timely requests a hearing.
(b)  The hearing shall be held before an administrative law judge.
(c)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a written proposal for decision regarding the occurrence of a violation of this chapter or a rule, standard, or order adopted under this chapter or a term of a license issued under this chapter and a recommendation regarding the amount of the proposed penalty if a penalty is warranted.
(d)  Based on the findings of fact and conclusions of law and the recommendation of the administrative law judge, the department by order may:
(1)  find that a violation has occurred and assess an administrative penalty; or
(2)  find that a violation has not occurred.
(e)  If the department finds that a violation has not occurred, the department shall order that all records reflecting that the department found a violation had occurred and attempted to impose an administrative penalty shall be expunged except:
(1)  records obtained by the department during its investigation; and
(2)  the administrative law judge's findings of fact.
(f)  Proceedings under this section are subject to Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0715, eff. April 2, 2015.