Texas Health & Safety Code - Section 142.0012. Controlling Person
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§ 142.0012. CONTROLLING PERSON. (a) A person is a
controlling person if the person, acting alone or with others, has
the ability to directly or indirectly influence, direct, or cause
the direction of the management, expenditure of money, or policies
of a home and community support services agency or other person.
(b) For purposes of this chapter, "controlling person"
includes:
(1) a management company or other business entity that
operates or contracts with others for the operation of a home and
community support services agency;
(2) a person who is a controlling person of a
management company or other business entity that operates a home
and community support services agency or that contracts with
another person for the operation of a home and community support
services agency; and
(3) any other individual who, because of a personal,
familial, or other relationship with the owner, manager, or
provider of a home and community support services agency, is in a
position of actual control or authority with respect to the agency,
without regard to whether the individual is formally named as an
owner, manager, director, officer, provider, consultant,
contractor, or employee of the agency.
(c) A controlling person described by Subsection (b)(3)
does not include an employee, lender, secured creditor, or other
person who does not exercise formal or actual influence or control
over the operation of a home and community support services agency.
(d) The department may adopt rules that specify the
ownership interests and other relationships that qualify a person
as a controlling person.
Added by Acts 1999, 76th Leg., ch. 276, § 2, eff. Sept. 1, 1999.
Section: 141.016 141.017 141.018 141.019 141.020 142.001 142.0011 142.0012 142.002 142.0025 142.003 142.004 142.005 142.006 142.0061
Last modified: August 10, 2007
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