Texas Health And Safety Code Title 4, Chapter 248 - Special Care Facilities
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 248.001 - Short Title
This chapter may be cited as the Texas Special Care Facility Licensing Act. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept....
- Texas Section 248.002 - Definitions
In this chapter: (1) "Commissioner" means the commissioner of state health services. (2) "Department" means the Department of State Health Services. (2-a) "Executive commissioner" means...
SUBCHAPTER B LICENSING, FEES, AND INSPECTIONS
- Texas Section 248.003 - Exemptions
This chapter does not apply to: (1) a home and community support services agency required to be licensed under Chapter 142; (2) a person required...
- Texas Section 248.021 - License Required
A person may not establish or operate a special care facility unless the person holds a license issued under this chapter. Added by Acts 1991,...
- Texas Section 248.022 - Application
(a) An applicant for a license must submit an application to the department on a form prescribed by the department and in accordance with department...
- Texas Section 248.023 - Issuance And Renewal Of License
(a) The department shall issue a license to an applicant if on inspection and investigation it finds that the applicant meets the requirements of this...
- Texas Section 248.024 - Fees
(a) The executive commissioner by rule shall establish a license application fee and a license renewal fee in amounts as prescribed by Section 12.0111. (b)...
- Texas Section 248.025 - Nontransferability; Posting
(a) A license issued under this chapter is not transferable or assignable. (b) A special care facility shall post in plain sight the license issued...
- Texas Section 248.026 - Duties Of Executive Commissioner
(a) The executive commissioner shall adopt rules necessary to implement this chapter. The rules must establish minimum standards for special care facilities relating to: (1)...
- Texas Section 248.027 - Construction Standards
(a) If there are no local regulations in effect or enforced in the area in which a special care facility is located, the facility's construction...
- Texas Section 248.028 - Inspections; Investigations
(a) The department may inspect a special care facility and its records at reasonable times as necessary to ensure compliance with this chapter. (b) The...
SUBCHAPTER C GENERAL ENFORCEMENT
- Texas Section 248.029 - Residential Aids Hospice Designation
(a) The executive commissioner by rule shall adopt standards for the designation of a special care facility licensed under this chapter as a residential AIDS...
- Texas Section 248.051 - License Denial, Suspension, Probation, Or Revocation
(a) The department may deny, revoke, or suspend a license issued under this chapter for a violation of this chapter or the rules adopted under...
- Texas Section 248.052 - Emergency Suspension
The department may issue an emergency order to suspend any license issued under this chapter if the department has reasonable cause to believe that the...
- Texas Section 248.053 - Injunction
(a) The department may request that the attorney general petition a district court to restrain a license holder or other person from continuing to violate...
- Texas Section 248.054 - Civil Penalty
A license holder or person who violates this chapter or a rule adopted by the executive commissioner under this chapter is liable for a civil...
- Texas Section 248.0545 - Violation Of Law Relating To Advance Directives
(a) The department shall assess an administrative penalty against a special care facility that violates Section 166.004. (b) A penalty assessed under this section shall...
SUBCHAPTER D ADMINISTRATIVE PENALTY
- Texas Section 248.055 - Criminal Penalty
(a) A person who knowingly establishes or operates a special care facility without a license issued under this chapter commits an offense. (b) An offense...
- Texas Section 248.101 - Imposition Of Penalty
(a) The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted...
- Texas Section 248.102 - Amount Of Penalty
(a) The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation...
- Texas Section 248.103 - Report And Notice Of Violation And Penalty
(a) If the department initially determines that a violation occurred, the department shall give written notice of the report by certified mail to the person....
- Texas Section 248.104 - Penalty To Be Paid Or Hearing Requested
(a) Within 20 days after the date the person receives the notice sent under Section 248.103, the person in writing may: (1) accept the determination...
- Texas Section 248.105 - Hearing
(a) If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a...
- Texas Section 248.106 - Decision By Department
(a) Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may: (1) find that a violation...
- Texas Section 248.107 - Options Following Decision: Pay Or Appeal
Within 30 days after the date the order of the department under Section 248.106 that imposes an administrative penalty becomes final, the person shall: (1)...
- Texas Section 248.108 - Stay Of Enforcement Of Penalty
(a) Within the 30-day period prescribed by Section 248.107, a person who files a petition for judicial review may: (1) stay enforcement of the penalty...
- Texas Section 248.109 - Collection Of Penalty
(a) If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) The...
- Texas Section 248.110 - Decision By Court
(a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the...
- Texas Section 248.111 - Remittance Of Penalty And Interest
(a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court,...
- Texas Section 248.112 - Release Of Bond
(a) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment...
- Texas Section 248.113 - Administrative Procedure
A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 1999, 76th Leg., ch....
Last modified: September 28, 2016