reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter D - DISCLOSURE STATEMENT › Section 33.302 - Annual Disclosure Statement Revision

Current through Reg. 49, No. 28; July 12, 2024
(a) Each provider shall file a current
				  disclosure statement annually beginning with a statement that covers the
				  provider's most recent fiscal year.
(b) Pursuant to Health and Safety Code,
				  §
										246.054,
				  each provider shall file an original and two copies of the current annual
				  disclosure statement with the department, one in a three-ring binder and two
				  copies in the same form as it is distributed to a prospective resident with the
				  department, not later than 120 days after the end of the provider's fiscal
				  year. If the 120th day falls on a weekend or on a recognized state or federal
				  holiday, then the due date shall be the first business day
				  thereafter.
(c) The provider shall
				  submit a nonrefundable fee with the current annual disclosure statement. The
				  fee is composed of a filing fee of $500 plus a fee of $2.00 for each living
				  unit, excluding the units devoted to licensed nursing home care.
(d) The current annual disclosure statement
				  must include a statement describing any material differences between:
(1) the estimated income statements filed as
				  a part of the previous year's disclosure statement; and
(2) the actual result of operations during
				  the most recent year together with the current annual estimated income
				  statements filed as a part of the current disclosure statement.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter D - DISCLOSURE STATEMENT › Section 33.303 - Other Revisions of Disclosure Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  provider may revise its disclosure statement at any time other than the annual
				  disclosure statement filing time if, in the opinion of the provider, revision
				  is necessary to prevent a disclosure statement from containing a material
				  misstatement of fact or omitting a material fact required to be included in the
				  disclosure statement. A provider that revises its disclosure statement for this
				  purpose must submit the original and two copies of the revised disclosure
				  statement to the department, before delivery of the statement to any
				  prospective resident.
(b) No filing
				  fee is required with the submission of revisions of the disclosure statements
				  under this section.
(c) For
				  purposes of filing revisions under this section, a replacement page is
				  acceptable. The provider shall submit one copy of each page to be replaced in
				  the disclosure statement and two complete copies of the disclosure statement
				  containing the revisions as it will be distributed to a prospective resident.
				  The revised page must have the same page number and must show a revision date.
				  If two or more pages replace one page, sub-numbers of the original page number
				  shall be used; e.g., former page 4 is replaced with new pages 4.1, 4.2, 4.3,
				  etc. In every instance, a new page must bear a revision date.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter D - DISCLOSURE STATEMENT › Section 33.304 - Disclosure Statement Preparation and Filing

Current through Reg. 49, No. 28; July 12, 2024
The organization and physical makeup of the disclosure
					 statement or any revisions thereof shall follow the format and instructions
					 contained in CCRC Form #6 (Format for Disclosure Statement) and CCRC Form #6a
					 (Instructions for Preparation of CCRC Disclosure Statement for Filing with the
					 Texas Department of Insurance).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter D - DISCLOSURE STATEMENT › Section 33.305 - Date of Disclosure Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  date on the cover page of a disclosure statement, filed pursuant to Health and
				  Safety Code, §
										246.041,
				  or a current annual disclosure statement, filed pursuant to Health and Safety
				  Code, §
										246.054,
				  shall coincide with the last day of the provider's fiscal year covered by the
				  information contained in the disclosure statement.
(b) If the disclosure statement filed
				  pursuant to Health and Safety Code, §§ 246.41,
				  246.054,
				  is revised during the provider's fiscal year after being filed with the
				  department, the cover page must additionally reflect the date that coincides
				  with the revised information. Each time a disclosure statement is revised, the
				  revision date must be added to the cover page of the disclosure statement and
				  submitted with the revision.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter D - DISCLOSURE STATEMENT › Section 33.306 - Financial Statement, Studies, and Forecasts

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial statements of the provider
				  shall be based on generally accepted accounting principles (GAAP), and shall
				  specifically address escrow accounts, trusts and reserve funds.
(b) If the provider operates more than one
				  facility or has other business interests, then financial statements shall
				  disclose, separately in supporting schedules: assets, including escrow
				  accounts, trusts, and reserve funds; liabilities; revenues; expenses; profits
				  or loses; and cash flows applicable to each individual facility, on a basis
				  comparable to filing separate statements.
(c) Any opinion regarding the financial
				  statements shall specifically address the supporting schedules for each
				  individual facility in addition to the financial statements of the
				  provider.
(d) Generally accepted
				  accounting principles (GAAP) shall be subordinate to any conflicting provision
				  or procedure adopted in this chapter that relates to the financial statement
				  presentation or accounting procedure.
(e) Studies and/or forecasts must disclose
				  the basic assumptions used.
(f) The
				  financial statements shall comply with §
										33.505 of
				  this title (relating to Financial Condition).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter D - DISCLOSURE STATEMENT › Section 33.307 - Delivery of Disclosure Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  provider shall deliver a current disclosure statement to the person with whom
				  the contract is to be made before the provider executes a continuing care
				  contract, before a prospective resident transfers any entrance fee or
				  reservation deposit to a provider, or before the provider accepts any
				  reservation deposit, whichever occurs first.
(b) Only the disclosure statement most
				  recently filed with the department shall be considered current for the purpose
				  of the Act and may be delivered to a resident or prospective
				  resident.
(c) The provider shall
				  obtain the signature of each individual or the legal representative of each
				  individual who contracts with the provider acknowledging that the provider
				  delivered the disclosure statement on CCRC Form #5 (Acknowledgment of Delivery
				  of Disclosure Statement). The provider must maintain completed forms for three
				  years. These files are subject to inspection by the department.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter D - DISCLOSURE STATEMENT › Section 33.308 - Violation of Requirements Concerning Disclosure Statements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commissioner may order a provider to
				  supplement or correct a disclosure statement that has been determined to be
				  incomplete, inaccurate or misleading.
(b) Failure or refusal by the provider to
				  abide by such an order constitutes a willful and intentional violation of this
				  chapter and the Act, and subjects the provider to sanctions and
				  penalties.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter E - ESCROW ACCOUNTS › Section 33.401 - Entrance Fee Escrow Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  provider of a facility which was unoccupied on September 1, 1987, and for which
				  continuing care contracts have been or will be entered into on or after
				  September 1, 1987, shall establish an entrance fee escrow account with a bank
				  or trust company located in this state, as escrow agent. The provider subject
				  to this section shall establish the entrance fee escrow account before entering
				  into a reservation agreement or a continuing care contract, and accepting an
				  entrance fee or a reservation agreement deposit. The entrance fee escrow
				  account shall be maintained in an account separate from the provider's business
				  account and must be fully covered by federal deposit insurance or secured by
				  the United States Government.
(b)
				  When the provider receives a refundable reservation agreement deposit, an
				  entrance fee, or a portion of an entrance fee from a resident or prospective
				  resident, the funds shall be deposited in the entrance fee escrow account. The
				  provider shall give the resident or prospective resident a written receipt for
				  the funds. The provider shall then deliver a copy of the receipt together with
				  the funds to the escrow agent for deposit within 72 hours of the provider's
				  receipt. The written receipt given to the resident or prospective resident for
				  the funds shall include the information that the provider must deposit the
				  funds in the escrow account within 72 hours of receipt, in addition to the name
				  and address of the escrow agent.
(c) At any time upon the request of the
				  resident or prospective resident, the provider, or the commissioner, the escrow
				  agent shall issue a statement indicating the status of a resident or
				  prospective resident's balance in the entrance fee escrow account. The written
				  receipt given to the resident shall also include the following statement: "At
				  your request, the escrow agent must provide a statement indicating the status
				  of your balance in the entrance fee escrow account."
(d) Accrued interest on the entrance fee
				  escrow account shall be the property of the provider unless otherwise provided
				  in the continuing care contract.
(e) This section does not apply to any
				  nonrefundable portion of an entrance fee or reservation agreement deposit that
				  does not exceed 2.0% of the amount required as the entrance fee and that is
				  clearly designated as nonrefundable in the relevant continuing care contract or
				  reservation agreement.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter E - ESCROW ACCOUNTS › Section 33.402 - Refund of Entrance Fees or Reservation Agreement Deposit to Resident or Prospective Resident from the Entrance Fee Escrow Account

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person who has contracted with a
				  provider elects to rescind his or her continuing care contract or if a person
				  who has made a refundable reservation agreement deposit requests the return of
				  the reservation agreement deposit, the funds or property held in the entrance
				  fee escrow account, or released to the provider under §
										33.403
				  of this title (relating to Release of Entrance Fees Escrow Account to Provider)
				  must be refunded in full within 30 days of request. This subsection does not
				  apply to periodic charges specified in the relevant continuing care contract
				  and which are applicable to the period in which the resident actually occupied
				  the living unit under the continuing care contract.
(b) If an entrance fee escrow account is not
				  released to the provider under §
										33.403
				  of this title (relating to Release of Entrance Fees Escrow Account to
				  Provider), or deposited in the loan reserve fund escrow account under §
										33.405
				  of this title (relating to Loan Reserve Fund Escrow Accounts) within 36 months
				  from the date on which the provider received any portion of the funds, the
				  escrow agent shall return the funds to the resident or prospective resident.
				  This subsection does not apply if a longer time is specified in the provider's
				  disclosure statement delivered to the resident or prospective resident with the
				  continuing care contract or reservation agreement under which the funds were
				  paid.
(c) The reservation agreement
				  must contain the provisions in paragraphs (1) and (2) of this subsection
				  relative to the refund of the reservation agreement deposit.
(1) At the option of the prospective
				  resident, the reservation agreement deposit may be either refunded to the
				  prospective resident or applied to the entrance fee required under the
				  continuing care contract, when the continuing care contract is executed. If the
				  reservation agreement deposit is applied to the entrance fee, it shall be
				  maintained in the entrance fee escrow account.
(2) A reservation agreement entered into
				  prior to the issuance of a provider's certificate of authority shall require
				  the provider to fully refund the reservation agreement deposit if requested for
				  any reason.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter E - ESCROW ACCOUNTS › Section 33.404 - Loan Reserve Fund Escrow Account

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  provider shall establish and maintain a loan reserve fund escrow account with a
				  bank or trust company located in Texas, as escrow agent. The provider must
				  maintain the funds deposited in an account separate from the provider's
				  business account. The account must be fully covered by federal deposit
				  insurance or fully secured by the United States Government.
(b) The amount required to be maintained in
				  the loan reserve fund escrow account is equal to the total of all principal and
				  interest payments due during the next 12 months on all first mortgage loans,
				  other long-term financing arrangements for the facility, or 12 months of lease
				  payments if the provider and facility are operating under a lease agreement. If
				  no principal payments or lease payments are due during the next 12 months, the
				  provider shall maintain in the loan reserve fund escrow account an amount equal
				  to interest payments due during the next 12 months.
(c) Until the loan reserve fund escrow
				  account is fully funded, the provider shall deposit the funds listed in
				  paragraphs (1) and (2) of this subsection into the loan reserve fund escrow
				  account:
(1) Funds released under §
											33.403
				  of this title (relating to Release of Funds from the Entrance Fee Escrow
				  Account to the Provider); and
(2)
				  Funds remitted under binding continuing care contracts, when an entrance fee
				  escrow account is not required.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter E - ESCROW ACCOUNTS › Section 33.405 - Release of Funds from Loan Reserve Fund Escrow Account

Current through Reg. 49, No. 28; July 12, 2024
(a) For release of an amount equal to not
				  more than one-twelfth of the loan reserve fund escrow account, the provider
				  shall submit a request in writing to the escrow agent.
(b) For the release of an amount in excess of
				  one-twelfth of the loan reserve fund escrow account, the procedures in
				  paragraphs (1)-(3) of this subsection shall apply.
(1) The provider shall submit a completed
				  CCRC Form #2 (Application for Approval of the Commissioner for Release of Loan
				  Reserve Amounts in Excess of that Allowed by Health and Safety Code, §
											246.078(a))
				  with the department for approval. The provider may not withdraw funds under
				  this paragraph more than once during a calendar year.
(2) The department shall notify the provider
				  by letter whether the application is approved within 30 days after the
				  completed application is received by the department. If the department
				  disapproves the application, the provider may request a hearing seeking
				  Commissioner review of the matter by filing a motion for reconsideration
				  addressed to the Commissioner and filed with the department's docket clerk.
				  After a hearing, the Commissioner shall dispose of the matter by entering an
				  order approving or disapproving the application. The department will send a
				  copy of the order to the provider.
(3) If the department approves the
				  application, the provider may present the letter of approval or the
				  Commissioner's order approving the release to the escrow agent. The escrow
				  agent shall then release the funds from the loan reserve fund escrow account in
				  the amount requested.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter E - ESCROW ACCOUNTS › Section 33.406 - Repayment of Funds Released from Reserve Fund Escrow Account

Current through Reg. 49, No. 28; July 12, 2024
(a) The provider must repay the reserve fund
				  escrow account the amount released or withdrawn not later than 18 months after
				  it is released or withdrawn. The provider shall notify the department of the
				  repayment by completing and returning CCRC Form #11 (Notice by Provider of
				  Repayment of Previously Released Funds to the Reserve Fund Escrow
				  Account).
(b) When the funds have
				  been repaid, the escrow agent shall submit to the department a completed CCRC
				  Form #12 (Affidavit of Repayment of Previously Released Funds to the Reserve
				  Escrow Account).
(c) The escrow
				  agent shall notify the department if the provider fails to repay the amount
				  released within the time required within 30 days of the date the repayment was
				  due.
(d) If the provider fails to
				  timely repay the amount released to the loan reserve escrow account, the
				  department may take action against the provider including but not limited to
				  disciplinary action under the Insurance Code, Article 1.10, §7.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.501 - Books and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The provider
				  shall keep all books and records in a form and manner to accurately reflect the
				  condition of the provider. The books and records shall contain all of the facts
				  essential to its effective operation.
(b) The provider shall provide the department
				  free access to all books and records relating to the business operation of the
				  facility.
(c) The provider must
				  keep the department advised at all times of the physical location of the books
				  and records relating to the business operation of the facility.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.502 - Inquiries

Current through Reg. 49, No. 28; July 12, 2024
The Commissioner may make inquiries of any person to
					 determine compliance with the Act, to aid in enforcing the Act, to determine
					 the financial solvency of a facility, or to verify a statement contained in a
					 disclosure or actuarial statement.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.503 - Investigations and Examinations by the Department

Current through Reg. 49, No. 28; July 12, 2024
The Commissioner may conduct an examination or
					 investigation of any person to determine compliance with the Act, to aid in
					 enforcing the Act, to determine the financial solvency of a facility, or to
					 verify a statement contained in a disclosure or actuarial statement. The
					 Commissioner and the Commissioner's examiners shall have free access to all the
					 books and papers relating to the business and affairs of the provider and
					 facility.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.504 - Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) The provider may not use advertising
				  material in the solicitation of continuing care contracts or reservation
				  agreements that conflicts with the information in the disclosure statement on
				  file with the department.
(b) The
				  provider must maintain a file or record of all advertising and disclosure
				  material used during the period covered by the most recently filed disclosure
				  statement or annual revised disclosure statement. This file shall be available
				  to the department upon request.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.505 - Financial Condition

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this rule is to enumerate conditions which the commissioner may consider to
				  determine whether a provider or facility is financially unsound and which may
				  be a basis for the commissioner to initiate an action against a facility or
				  provider under the Health and Safety Code, §
										246.091.
				  In evaluating any of these factors, all circumstances concerning the provider's
				  or facility's operations must be evaluated in making an ultimate conclusion
				  that a facility or provider is financially unsound.
(b) In order to determine whether a facility
				  or provider is financially unsound, the commissioner may consider the following
				  factors.
(1) Adequate fund balance.
(A) An adequate fund balance is maintained if
				  resources that are available for the facility's current residents (including
				  the actuarial present value of periodic fees expected to be paid in the future
				  by current residents) are reasonably equivalent to or greater than the
				  actuarial present value of the expected costs of performing all remaining
				  obligations to such residents under their contracts, as evidenced by a fund
				  balance on the actuarial balance sheet which is acceptable to the commissioner
				  or by an actuarial funded status ratio acceptable to the
				  commissioner.
(B) Facilities which
				  are not required to obtain actuarial balance sheets under §
												33.506
				  of this title (relating to Actuarial Review Requirements) may show an adequate
				  fund balance by:
(i) maintaining a fund
				  balance on audited financial statements prepared under generally accepted
				  accounting principles which is acceptable to the commissioner; or
(ii) voluntarily obtaining an actuarial
				  report to show a satisfactory actuarial balance as described in
				  §33.506(c); or
(iii) providing
				  evidence of adequate funding by showing guarantees of liabilities and
				  obligations to residents by a parent or other supporting organization, and
				  providing audited financial statements of such parent or supporting
				  organization showing its capacity to provide such guarantees.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.506 - Actuarial Review Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to providers of a facility whose continuing
				  care contracts offer future guarantees of long-term nursing care in excess of
				  365 consecutive days which develop actuarial liabilities.
(b) Initial filing requirements.
(1) Except as provided in paragraph (2) of
				  this subsection, the provider of a facility subject to this section shall file
				  with the Commissioner its most current actuarial review, as defined in §
											33.2 of
				  this title (relating to Definitions) before September 1, 1989.
(2) A facility that is not eligible for the
				  mandatory issuance of a certificate of authority under the Health and Safety
				  Code, §
											246.023,
				  shall submit an actuarial review, if applicable, along with its application, as
				  one of the filing requirements for a certificate of authority as provided in
				  §
											33.204
				  of this title (relating to Contents of Application).
(3) Any actuarial review filed under
				  paragraphs (1) or (2) of this subsection shall be performed within five years
				  of the date of filing.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.507 - Supervision, Rehabilitation, Liquidation

Current through Reg. 49, No. 28; July 12, 2024
The Commissioner may proceed under applicable provisions of
					 Health and Safety Code, §§
										246.091-246.097, if,
					 upon examination or at any other time, it appears that the facility or provider
					 is insolvent or its condition be, in the opinion of the Commissioner, such that
					 the provider is unable to meet its projected occupancy goals or cash
					 projections as filed in such a manner as endangers the ability of the provider
					 to perform fully its obligations under continuing care
					 contracts.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.508 - Transfer of Certificate of Authority

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Whenever a person seeks to acquire control, as defined in §
										33.2 of
				  this title (relating to Definitions), of a facility with a current certificate
				  of authority, he or she must apply to transfer the certificate of
				  authority.
(b) A person seeking to
				  acquire control of a facility shall first file an application using CCRC Form
				  #7 (CCRC Change of Control Application) with the department for
				  approval.
(c) The department shall
				  notify the applicant by letter whether the application is approved within 30
				  days after receipt of the completed application. If the department disapproves
				  the application, the applicant may request a hearing seeking Commissioner
				  review of the matter by filing a motion for reconsideration addressed to the
				  Commissioner and filed with the department's docket clerk. After a hearing, the
				  Commissioner shall dispose of the matter by entering an order approving or
				  disapproving the application. The department shall send a copy of the order to
				  the applicant.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.509 - Management Contract

Current through Reg. 49, No. 28; July 12, 2024
Within 30 days before entering into contract with a third
					 party for management of the facility, the provider shall submit two copies of
					 the management agreement to the department.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.510 - Change of Fiscal Year

Current through Reg. 49, No. 28; July 12, 2024
The provider holding a certificate of authority shall
					 notify the department at least 30 days in advance of a change in fiscal year of
					 a facility.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 33 - CONTINUING CARE PROVIDERS › Subchapter F - ONGOING REGULATORY REQUIREMENTS › Section 33.511 - Changes in Responsible Person

Current through Reg. 49, No. 28; July 12, 2024
The provider must submit a completed CCRC Form #3 (Officers
					 and Directors page) and CCRC Form #4 (Biographical Data Form) or CCRC Form #4 a
					 (Biographical Data Form for Not-for-Profit CCRC Board Members) to the
					 department within 60 days of any additions, deletions, or modifications to the
					 provider's officers, directors, trustees, managing partner, general partner,
					 any person who has at least 10% interest in the provider, or any person engaged
					 in the day to day management of the facility, other than an individual directly
					 employed by the provider.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter A - FLAMMABLE LIQUIDS › Section 34.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to administer the law set
					 forth in the Health and Safety Code, Chapter 753, regarding the safe storage,
					 handling, and use of flammable liquids at retail service
					 stations.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter A - FLAMMABLE LIQUIDS › Section 34.2 - Title

Current through Reg. 49, No. 28; July 12, 2024
The sections of this subchapter shall be known as and may
					 be cited as the rules for the safe storage, handling, and use of flammable
					 liquids at retail service stations.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter A - FLAMMABLE LIQUIDS › Section 34.3 - Applicability of Sections

Current through Reg. 49, No. 28; July 12, 2024
The sections of this subchapter shall apply to any person
					 engaged in the business of the storage, handling, dispensing, and use of
					 flammable liquids at retail service stations, and bulk plants operated in
					 conjunction with retail service stations.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter A - FLAMMABLE LIQUIDS › Section 34.4 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words, and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise: NFPA--The National Fire Protection Association, a
					 nationally recognized standards-making organization.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter A - FLAMMABLE LIQUIDS › Section 34.5 - Adopted Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commissioner adopts by reference the following copyrighted standards and
				  recommendations in this subsection, except to the extent they are in conflict
				  with sections of this subchapter or any Texas statutes or federal law for use
				  through August 31, 2014. Copies of the standards are available for public
				  inspection in the State Fire Marshal's Office. The standards are published by
				  and are available from the National Fire Protection Association, Batterymarch
				  Park, Quincy, Massachusetts:
(1) NFPA
				  30-1990, Flammable and Combustible Liquids Code;
(2) NFPA 30A-1990, Automotive and Marine
				  Service Station Code, including the Tentative Interim Amendment (TIA Log Number
				  312R) adopted by the NFPA in 1991, except for §2-4.2 of the Tentative
				  Interim Amendment concerning tank location and capacity.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter A - FLAMMABLE LIQUIDS › Section 34.6 - Retroactivity

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to underground and aboveground
					 storage tanks in service after the effective date of the subchapter except for
					 underground tanks used by retail service stations in service prior to September
					 1, 1969, to the extent that such stations in service prior to September 1,
					 1969, do not create a distinct hazard to life and property.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter A - FLAMMABLE LIQUIDS › Section 34.7 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If any provision of this subchapter or the application
					 thereof to any person or circumstance is held invalid for any reason, the
					 invalidity shall not affect the other provisions or any other application of
					 these rules which can be given effect without the invalid provisions or
					 application. To this end, all provisions of this subchapter are declared to be
					 severable.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter B - FIRE SUPPRESSION RATINGS OVERSIGHT › Section 34.201 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to an advisory organization or
					 other filer that determines a fire rating for a community, fire district, or
					 other jurisdiction based on a fire suppression and mitigation grading
					 schedule.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter B - FIRE SUPPRESSION RATINGS OVERSIGHT › Section 34.202 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Advisory
				  organization--An advisory organization licensed under Insurance Code Chapter
				  1805.
(2) Fire rating--A rating, or
				  evaluation of fire suppression and mitigation capabilities, for a community
				  based on the criteria in a fire suppression and mitigation grading
				  schedule.
(3) Filer--An advisory
				  organization or insurer that files fire ratings.
(4) Fire suppression and mitigation grading
				  schedule--A schedule with criteria for determining the fire rating for a
				  community, fire district, or other jurisdiction. A fire suppression and
				  mitigation grading schedule is supplementary rating information, as defined by
				  Insurance Code §
										2251.002.
(5) Community--A community, fire district,
				  jurisdiction, or other definite geographic area.
(6) Survey--The results of an inspection to
				  evaluate a community's fire suppression and mitigation capabilities.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter B - FIRE SUPPRESSION RATINGS OVERSIGHT › Section 34.203 - Review of Community Fire Ratings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Submission. A filer must submit a proposed fire rating for a community to the
				  State Fire Marshal's Office. A submission must contain:
(1) a recommended fire rating based on the
				  filer's survey;
(2) justification
				  for the recommended fire rating, consistent with the applicable fire
				  suppression and mitigation grading schedule;
(3) identification of the fire suppression
				  and mitigation grading schedule used to determine the fire rating;
(4) the primary contact information,
				  including telephone and email, for the person completing the survey;
				  and
(5) an explanation indicating
				  why a community did not achieve a better rating, if applicable.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter B - FIRE SUPPRESSION RATINGS OVERSIGHT › Section 34.204 - Appeal of Community Fire Rating Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) Appeal. A filer or person who does not
				  agree with an approval or disapproval of a proposed fire rating may petition
				  for appeal and a hearing to review the matter.
(b) Timeliness. A person must appeal an
				  approval or disapproval not later than the 60th day after the date of the state
				  fire marshal's approval or disapproval.
(c) Petition. A petition filed under this
				  section must be in writing. The petition must identify the fire rating and
				  specify why the approval or disapproval was inconsistent with the applicable
				  fire suppression and mitigation grading schedule and state law and regulations.
				  The petition must be filed with the Texas Department of Insurance, Office of
				  the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box
				  149104, Austin, Texas 78714-9104.
(d) Review. A person affected by the approval
				  or disapproval of a fire rating is entitled to a review of the action under
				  Government Code Chapter 2001.
(e)
				  Proceeding. A hearing under this section will be conducted in accordance with
				  the Insurance Code, the Administrative Procedure and Texas Register Act, and
				  Chapter 1 of this title.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter C - STANDARDS AND FEES FOR STATE FIRE MARSHAL INSPECTIONS › Division 1 - GENERAL PROVISIONS › Section 34.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to administer the law
						set forth in Government Code §
											417.008
						and §
											417.0081,
						regarding right of entry and the inspection of public and private
						buildings.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter C - STANDARDS AND FEES FOR STATE FIRE MARSHAL INSPECTIONS › Division 1 - GENERAL PROVISIONS › Section 34.302 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, must have the following meanings, unless the context clearly
						indicates otherwise:
(1) Authority
					 having jurisdiction (AHJ)--An organization, office, or individual responsible
					 for enforcing the requirements of a code or standard.
(2) Commissioner--The Commissioner of
					 Insurance.
(3) NFPA--The National
					 Fire Protection Association, a nationally recognized standards making
					 organization.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter C - STANDARDS AND FEES FOR STATE FIRE MARSHAL INSPECTIONS › Division 1 - GENERAL PROVISIONS › Section 34.303 - Adopted Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Commissioner adopts by reference:
(1) NFPA
					 1-2021 Fire Code, except for:
(A) Chapter 1
					 Administration, to the extent that subsections 1.6 Enforcement, 1.7 Authority,
					 1.8 Duties and Powers of the Incident Commander, 1.9 Liability, 1.10 Fire Code
					 Board of Appeals, 1.11 Records and Reports, 1.12 Permits and Approvals, 1.13
					 Certificates of Fitness, 1.14 Plan Review, and 1.16 Notice of Violations and
					 Penalties do not apply to state fire marshal inspections;
(B) Chapter 30 Motor Fuel Dispensing
					 Facilities and Repair Garages, to the extent it conflicts with standards
					 adopted in Subchapter A of this chapter and Health and Safety Code Chapter
					 753;
(C) Chapter 60 Hazardous
					 Materials, to the extent it will not be applied to university laboratories and
					 laboratories in health care occupancies; and
(D) Chapter 65 Explosives, Fireworks, and
					 Model Rocketry, to the extent it conflicts with Subchapter H of this chapter
					 and Occupations Code Chapter 2154;
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter C - STANDARDS AND FEES FOR STATE FIRE MARSHAL INSPECTIONS › Division 1 - GENERAL PROVISIONS › Section 34.304 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If a court of competent jurisdiction holds that any
						provision of this subchapter or its application to any person or circumstance
						is invalid for any reason, the invalidity does not affect other provisions or
						applications of this subchapter that can be given effect without the invalid
						provision or application. To this end, the provisions of this subchapter are
						severable.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter C - STANDARDS AND FEES FOR STATE FIRE MARSHAL INSPECTIONS › Division 2 - INSPECTION GUIDELINES › Section 34.320 - Guidelines For Assigning Potential Fire Safety Risk

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner adopts the following
					 "Guidelines For Assigning Potential Fire Safety Risk", for use by the state
					 fire marshal in the inspection of state-owned and state-leased
					 buildings.
(b) The state fire
					 marshal will review all available information regarding the potential risk
					 factors stated in paragraphs (1) - (9) of this subsection for a building to
					 determine its inspection priority. The scheduling of inspections will
					 prioritize those buildings that evidence the highest potential risk.
(1) Gross square feet--the total area
					 reported for the building in square feet;
(2) Occupancy classification--the purpose and
					 intended use of a building or portion of the building;
(3) Occupant load--the total number of
					 persons that might occupy a building or portion of the building at any point in
					 time, equal to the usable square footage divided by an occupant load factor.
					 Occupant load factors are commonly assigned for each type of building use under
					 the NFPA 101, "Life Safety Code";
(4) Fire protection features--includes the
					 type of building construction, use of compartmentalization, use of
					 fire-resistive and -rated materials and components, smoke control, and adequacy
					 of means of exit;
(5) Fire
					 protection systems--fire alarm, extinguisher, and sprinkler systems,
					 communications systems, and fire fighter emergency operations
					 equipment;
(6) Stories/Height--the
					 reported height of the building in stories above grade;
(7) Maintenance/Management issues--the
					 building environment, including staff availability and responsiveness,
					 sanitation, deferred maintenance, security, and occupancy;
(8) Replacement cost/Building value;
					 and
(9) Critical nature of
					 facility--the specific use and occupancy of a building that warrants additional
					 consideration because of historical value, the building contents, or the
					 function or operations carried on in the building that are vital to the public
					 health, safety, or general welfare.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter C - STANDARDS AND FEES FOR STATE FIRE MARSHAL INSPECTIONS › Division 3 - INSPECTION FEES › Section 34.340 - Inspection Fees For Requested Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The commissioner adopts by reference the Inspection Request Form for use to
					 request a fire safety inspection by the State Fire Marshal's Office. This form
					 is published by and available from the State Fire Marshal's Office.
(b) The amount of money a person requesting
					 an inspection must pay to the department for a state fire marshal fire safety
					 inspection is listed in paragraphs (1) - (7) of this subsection. If the
					 building includes more than one building type as listed in paragraphs (1) - (7)
					 of this subsection, then the requester must pay for the most expensive building
					 type that the building includes, plus the amount of money specified in
					 paragraph (8) of this subsection.
(1)
					 Licensed adult or child day care facility or foster home--$75;
(2) Licensed nursing home, assisted living or
					 board and care facility, or school--$100;
(3) Apartment building, hotel, motel, lodge,
					 or rooming house--$150;
(4)
					 Assembly occupancy, restaurant, or other commercial facility--$150;
(5) Industrial facility or
					 warehouse--$200;
(6) Private prison
					 or jail--$200;
(7) Other building
					 not listed in paragraphs (1) - (6) of this subsection:
(A) less than 25,000 square
					 feet--$100;
(B) 25,000 square feet
					 to less than 100,000 square feet--$200; and
(C) 100,000 square feet or
					 greater--$300.
(8) Each
					 additional building after the first--$25.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter D - TESTING LABORATORY RULES › Section 34.401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to administer through the
					 state fire marshal the law set forth in the Insurance Code, Chapters 6001,
					 6002, and 6003, and Health and Safety Code Chapter 753 regarding approval of
					 testing laboratories that perform standardized tests on fire protection
					 equipment or flammable liquids equipment in the interest of safeguarding lives
					 and property.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter D - TESTING LABORATORY RULES › Section 34.402 - Title

Current through Reg. 49, No. 28; July 12, 2024
The sections set forth in this subchapter shall be known
					 and may be cited as the Testing Laboratory Rules.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter D - TESTING LABORATORY RULES › Section 34.403 - Applicability and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to persons and laboratories engaged
					 in testing fire protection equipment or flammable liquids equipment and not to
					 the general public.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter D - TESTING LABORATORY RULES › Section 34.407 - Approved Testing Laboratories

Current through Reg. 49, No. 28; July 12, 2024
An organization will be considered an approved testing
					 laboratory if it is currently accredited as a Nationally Recognized Testing
					 Laboratory (NRTL) by the U.S. Department of Labor, Occupational Safety and
					 Health Administration (OSHA) in accord with the requirements of
					 29
					 CFR 1910.7 for that specific product or
					 category of products.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter D - TESTING LABORATORY RULES › Section 34.408 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If any provision of this subchapter or the application
					 thereof to any person or circumstance is held invalid for any reason, the
					 invalidity shall not affect the other provisions or any other application of
					 this subchapter which can be given effect without the invalid provisions or
					 application. To this end all provisions of these rules are declared to be
					 severable.