CHAPTER 247. ASSISTED LIVING FACILITIES

Statutes > Texas Statutes > HEALTH AND SAFETY CODE > TITLE 4. HEALTH FACILITIES > CHAPTER 247. ASSISTED LIVING FACILITIES

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 247. ASSISTED LIVING FACILITIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 247.001. SHORT TITLE. This chapter may be cited as the

Assisted Living Facility Licensing Act.

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.

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 department shall protect residents of assisted living

facilities by:

(1) adopting rules relating to quality of care and quality of

life;

(2) adopting rules relating to the assessment of the condition

and service needs of each resident;

(3) promoting policies that maximize the dignity, autonomy,

privacy, and independence of each resident;

(4) regulating the construction, maintenance, and operation of

assisted living facilities;

(5) strictly monitoring factors relating to the health, safety,

welfare, and dignity of each resident;

(6) imposing prompt and effective remedies for violations of

this chapter and rules and standards adopted under this chapter;

(7) providing a residential environment that allows residents to

maintain the highest possible degree of independence and

self-determination; and

(8) providing the public with helpful and understandable

information relating to the operation of assisted living

facilities in this state.

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.

Sec. 247.002. DEFINITIONS. In this chapter:

(1) "Assisted living facility" means an establishment that:

(A) furnishes, in one or more facilities, food and shelter to

four or more persons who are unrelated to the proprietor of the

establishment;

(B) provides:

(i) personal care services; or

(ii) administration of medication by a person licensed or

otherwise authorized in this state to administer the medication;

and

administration of medication.

(2) "Board" means the executive commissioner of the Health and

Human Services Commission.

(3) "Controlling person" means a person who controls an assisted

living facility or other person as described by Section 247.005.

(4) "Department" means the Department of Aging and Disability

Services.

(5) "Personal care services" means:

(A) assistance with feeding, dressing, moving, bathing, or other

personal needs or maintenance; or

(B) general supervision or oversight of the physical and mental

well-being of a person who needs assistance to maintain a private

and independent residence in an assisted living facility or who

needs assistance to manage the person's personal life, regardless

of whether a guardian has been appointed for the person.

(6) "Qualified religious society" means a church, synagogue, or

other organization or association that is organized primarily for

religious purposes and that:

(A) has been in existence in this state for at least 35 years;

and

(B) does not distribute any of its income to its members,

officers, or governing body other than as reasonable compensation

for services or reimbursement of expenses.

(7) "Commissioner" means the commissioner of the department.

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 1993, 73rd Leg., ch. 608, Sec. 2, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 8.092, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept.

1, 1999; Acts 2001, 77th Leg., ch. 1248, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1106, Sec. 2, eff. September 1, 2009.

Sec. 247.0025. IMMEDIATE THREAT OF HARM. For purposes of this

chapter, there is considered to be an immediate threat to the

health or safety of a resident, or a situation is considered to

put the health or safety of a resident in immediate jeopardy, if

there is a situation in which an assisted living facility's

noncompliance with one or more requirements of licensure has

caused, or is likely to cause, serious injury, harm, impairment,

or death to a resident.

Added by Acts 2001, 77th Leg., ch. 1248, Sec. 2, eff. Sept. 1,

2001.

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.

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.

Sec. 247.004. EXEMPTIONS. This chapter does not apply to:

(1) a boarding home facility as defined by Section 254.001;

(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 is funded in whole or in part

by the department and that is monitored by the department or its

designated local mental retardation authority in accordance with

standards set by the department.

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, Sec. 3, eff. September 1, 2009.

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.

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 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. 233, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

917, Sec. 3, eff. September 1, 2009.

Sec. 247.006. ADVISORY COMMITTEE. (a) The Advisory Committee

on Assisted Living Facilities consists of nine members appointed

by the board. The commissioner of human services shall appoint

two staff members from the department to serve as nonvoting

advisory members. In appointing staff members under this

subsection, the commissioner shall appoint one member as a

representative of long-term care policy and one member as a

representative of long-term care regulation.

(b) The board shall appoint the advisory committee to provide

for a balanced representation of assisted living providers and

consumers and shall appoint one member who has expertise in life

safety code regulations. At least one of the provider members

must be representative of a nonprofit facility, and at least one

member must be a family member of a resident of a facility.

its members.

(d) The committee shall advise the department on standards for

licensing assisted living facilities and on the implementation of

this chapter.

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 1995, 74th Leg., ch. 76, Sec. 8.094,

eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 233, Sec. 1, eff.

Sept. 1, 1999. Renumbered from Sec. 247.051 and amended by by

Acts 2001, 77th Leg., ch. 1248, Sec. 10, eff. Sept. 1, 2001.

SUBCHAPTER B. LICENSING, FEES, AND INSPECTIONS

Sec. 247.021. LICENSE REQUIRED. (a) A person may not establish

or operate an assisted living facility without a license issued

under this chapter.

(b) A person establishing or operating a facility that is not

required to be licensed under this chapter may not use the term

"assisted living" in referring to the facility or the services

provided at the facility.

required to be licensed but who elects to obtain a license under

this chapter may use the term "assisted living" in referring to

the facility or the services provided at the facility.

(d) The department by rule shall establish procedures to issue a

six-month provisional license to existing facilities with

residents. The department may issue a provisional license if:

(1) the facility is in compliance with resident care standards;

(2) the facility voluntarily discloses that the facility needs

additional time to comply with life safety code and physical

plant standards;

(3) the disclosure is made in writing by certified mail to the

department;

(4) an investigation of the violation was not initiated and the

violation was not independently detected by the department; and

(5) the disclosure is made promptly after knowledge of the

information disclosed is obtained by the facility.

(d-1) A provisional license expires the earlier of:

(1) the 180th day after the effective date of the provisional

license or the end of any extension period granted by the

department, in the department's sole discretion; or

(2) the date a license is issued to the provisional license

holder under Subsection (d-3).

(d-2) The department shall conduct a life safety code inspection

of the facility as soon as reasonably possible after the

department issues a provisional license.

(d-3) After conducting a life safety code inspection, the

department shall issue a license under Section 247.023 to the

provisional license holder if the facility passes the inspection

and the applicant meets all requirements for a license. A

license issued under this subsection has the same effective date

as the provisional license.

(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 917, Sec. 9,

eff. September 1, 2009.

(f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 917, Sec. 9,

eff. September 1, 2009.

(g) The department shall, upon submission of a written request

by the applicant, automatically issue a provisional license to a

newly constructed facility if:

(1) the facility is in compliance with resident care standards;

(2) all local approvals have been obtained;

(3) a complete license application is submitted within 30 days

of receipt of all local approvals;

(4) the license fee has been paid;

(5) before beginning construction, the license applicant submits

working drawings and specifications to the department for review;

and

(6) the department determines that the license applicant

constructed another facility in this state that complies with the

department's life safety code standards.

(h) The department may automatically issue a provisional license

in the case of a corporate change of ownership of a 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 1997, 75th Leg., ch. 1088, Sec. 1, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept.

1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

917, Sec. 4, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

917, Sec. 9, eff. September 1, 2009.

Sec. 247.0211. EXPEDITED LIFE SAFETY CODE INSPECTION. (a) The

executive commissioner of the Health and Human Services

Commission 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 a life safety

code and physical plant inspection not later than the 15th 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, Sec. 5, eff. September 1, 2009.

Sec. 247.022. LICENSE APPLICATION. (a) An applicant for an

assisted living facility license must submit an application to

the department on a form prescribed by the department.

(b) Each application must be accompanied by a nonrefundable

license fee in an amount set by the board.

(b-1) If the department conducts more than two life safety code

inspections at the applicant's facility, the department may

collect a fee in addition to the fee under Subsection (b) for the

application for the license.

applicant by making brief inspections of the assisted living

facility proposed to be licensed and making recommendations

concerning actions necessary to meet standards for assisted

living facilities.

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 2009, 81st Leg., R.S., Ch.

917, Sec. 6, eff. September 1, 2009.

Sec. 247.023. ISSUANCE AND RENEWAL OF LICENSE. (a) The

department 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 second anniversary of the date of its issuance. The

executive commissioner of the Health and Human Services

Commission by rule may adopt a system under which licenses expire

on various dates during the two-year period. For the year in

which a license expiration date is changed, the department shall

prorate the license fee on a monthly basis. Each license holder

shall pay only that portion of the license fee allocable to the

number of months during which the license is valid. A license

holder shall pay the total license renewal fee at the time of

renewal.

(b) To renew a license, the license holder must submit to the

department the license renewal fee.

education program as a condition of renewal of a license. The

board 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, Sec. 14, eff. September 1, 2007.

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.

Sec. 247.024. FEES; DISPOSITION OF REVENUE. (a) The department

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 $1,500.

(b) The board shall establish by rule a base fee schedule and a

per bed fee schedule.

deposited in the state treasury to the credit of the general

revenue fund and shall be appropriated to the department only to

administer and enforce this chapter.

(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 department or another state agency unless the

department 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 department 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, Sec. 15, eff. September 1, 2007.

Sec. 247.025. ADOPTION OF RULES. The board 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.

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.

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, Sec. 3, eff. September 1, 2005.

Sec. 247.026. STANDARDS. (a) The board by rule shall prescribe

minimum standards to protect the health and safety of an assisted

living facility resident.

(b) The standards must:

(1) clearly differentiate an assisted living facility from an

institution required to be licensed under Chapter 242;

(2) ensure quality care and protection of the residents' health

and safety without excessive cost;

(3) ensure that the daily nutritional and special dietary needs

of each resident are met; and

(4) require an assisted living facility to:

(A) use its license number or a state-issued facility

identification number in all advertisements, solicitations, and

promotional materials; and

(B) provide each prospective resident or prospective resident's

representative, as appropriate, with a consumer disclosure

statement in a standard form adopted by the department.

provides brain injury rehabilitation services to include in the

facility's consumer disclosure statement a specific statement

that licensure as an assisted living facility does not indicate

state review, approval, or endorsement of the facility's

rehabilitation services.

(d) The board may prescribe different levels of minimum

standards for assisted living facilities according to the number

of residents, the type of residents, the level of personal care

provided, the nutritional needs of residents, and other

distinctions the board considers relevant. If the board does not

prescribe minimum standards for facilities serving non-geriatric

residents, it must develop procedures for consideration and

approval of alternate methods of compliance by such facilities

with the board's standards.

(e) Local health and safety standards adopted by the

municipality in which an assisted living facility is located do

not apply to the facility unless the standards specifically state

that they apply to assisted living facilities.

(f) The board by rule shall prescribe minimum standards

requiring appropriate training in geriatric care for each

individual who provides services to geriatric residents as an

employee of an assisted living facility and who holds a license

or certificate issued by an agency of this state that authorizes

the person to provide the services. The minimum standards may

require that each licensed or certified individual complete an

appropriate program of continuing education or in-service

training, as determined by board rule, on a schedule determined

by board rule.

(g) Any individual otherwise qualified, who has been employed by

a licensed assisted living facility for at least 90 days, shall

be eligible to be certified as a medication aide following

completion of the required course of study and successful

completion of any required examination.

(h) An individual may not serve as the manager of an assisted

living facility that has 17 beds or more unless the individual:

(1) has an associate's degree in nursing, health care

management, or a related field from a public or private

institution of higher education;

(2) has a bachelor's degree from a public or private institution

of higher education; or

(3) has at least one year of experience working in management or

in the health care industry.

(i) The board by rule shall require each manager of an assisted

living facility that has 17 beds or more to complete at least one

educational course on the management of assisted living

facilities not later than the first anniversary of the date the

manager begins employment in that capacity.

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 1995, 74th Leg., ch. 542, Sec. 1, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 583, Sec. 2, eff. Aug.

28, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 31.01(57), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 416, Sec. 2, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 734, Sec. 1, eff. Sept. 1, 2003.

Sec. 247.0261. EARLY COMPLIANCE REVIEW. (a) The department 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

department 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.

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

and shall be appropriated only to the department to conduct

reviews under this section.

(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.

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.

Subsections (a) and (b) in any required annual regulatory report.

Added by Acts 2009, 81st Leg., R.S., Ch.

917, Sec. 7, eff. September 1, 2009.

Sec. 247.027. INSPECTIONS. (a) In addition to the inspection

required under Section 247.023(a), the department may inspect an

assisted living facility annually and may inspect a facility at

other reasonable times as necessary to assure compliance with

this chapter.

(b) The department shall establish an inspection checklist based

on the minimum standards that describes the matters subject to

inspection. The department 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.

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.

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, Sec. 4, eff. September 1, 2007.

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.

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.

Sec. 247.0275. REGISTRATION WITH TEXAS INFORMATION AND REFERRAL

NETWORK. (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.

(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.

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, Sec. 1.18, eff. September 1, 2009.

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.

Sec. 247.029. FACILITIES FOR PERSONS WITH ALZHEIMER'S DISEASE.

(a) The board 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 board shall adopt minimum standards for an assisted

living facility classified under this section.

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.

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.

Text of section effective until September 01, 2010

Sec. 247.030. FACILITIES FOR SUPERVISION OF MEDICATION AND

GENERAL WELFARE. (a) The board by rule shall establish a

classification and license for a facility that:

(1) provides only medication supervision, in accordance with

Section 247.002(5)(B), and general supervision of residents'

welfare, in accordance with Section 247.002(5)(C); and

(2) does not provide substantial assistance with the activities

of daily living, as described by Section 247.002(5)(A).

(b) The board shall adopt minimum standards for an assisted

living facility classified under this section, including

standards imposing adequate requirements relating to medication

supervision. The board shall modify accessibility and life safety

code standards generally applicable to a facility licensed under

this chapter as necessary for a facility classified under this

section to reflect the level of services provided by the

facility. The modified standards must be specifically defined by

the board and must provide for two-story buildings. Two-story

buildings must meet all life safety code requirements in regards

to protecting vertical openings, as specified in the 1988 edition

of the National Fire Protection Association (NFPA) 101, Section

21-2.3.1.

facility classified under this section is required to comply with

all requirements imposed by this chapter.

Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 315, Sec. 1, eff.

Sept. 1, 2001.

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.

Sec. 247.032. ACCREDITATION SURVEY TO SATISFY INSPECTION

REQUIREMENTS. (a) In this section, "accreditation commission"

means the Commission on Accreditation of Rehabilitation

Facilities, the Joint Commission on Accreditation of Healthcare

Organizations, or another organization approved by the executive

commissioner of the Health and Human Services Commission.

(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 of the

Health and Human Services Commission 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 of the Health and Human Services

Commission;

(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.

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, Sec. 1, eff. January 1, 2006.

Added by Acts 2005, 79th Leg., Ch.

870, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

917, Sec. 8, eff. September 1, 2009.

SUBCHAPTER C. GENERAL ENFORCEMENT

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.

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.

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.

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.

Sec. 247.043. INVESTIGATION OF ABUSE, EXPLOITATION, OR NEGLECT.

(a) The department shall conduct a preliminary investigation of

each allegation of abuse, exploitation, or neglect of a resident

of an assisted living facility to determine if there is evidence

to corroborate the allegation. If the department determines that

there is evidence to corroborate the allegation, the department

shall conduct a thorough investigation of the allegation.

(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 Protective and Regulatory 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.

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.

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.

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.

Sec. 247.045. CIVIL PENALTIES. (a) Except as provided by

Subsections (b) and (c), a person who violates this chapter or

who fails to comply with a rule adopted under this chapter and

whose violation is determined by the department to threaten the

health and safety of a resident of an assisted living facility is

subject to a civil penalty of not less than $100 nor more than

$10,000 for each act of violation. Each day of a continuing

violation constitutes a separate ground of recovery.

(b) A person is subject to a civil penalty if the person:

(1) is in violation of Section 247.021; or

(2) has been determined to be in violation of Section 247.021

and violates any other provision of this chapter or fails to

comply with a rule adopted under this chapter.

be less than $1,000 or more than $10,000 for each act of

violation. Each day of a continuing violation constitutes a

separate ground of recovery.

(d) The attorney general may institute and conduct a suit to

collect a penalty and fees under this section at the request of

the department. If the attorney general fails to notify the

department within 30 days of referral from the department that

the attorney general will accept the case, the department shall

refer the case to the local district attorney, county attorney,

or city attorney. The district attorney, county attorney, or

city attorney shall file suit in a district court to collect and

retain the penalty.

(e) Investigation and attorney's fees may not be assessed or

collected by or on behalf of the department or other state agency

unless a penalty described under this chapter is assessed.

(f) The department and attorney general, or other legal

representative as described in Subsection (d), shall work in

close cooperation throughout any legal proceedings requested by

the department.

(g) The commissioner of human services must approve any

settlement agreement to a suit brought under this chapter.

(h) If a person who is liable under this section fails to pay

any amount the person is obligated to pay under this section, the

state may seek satisfaction from any owner, other controlling

person, or affiliate of the person found liable. The owner,

other controlling person, or affiliate may be found liable in the

same suit or in another suit on a showing by the state that the

amount to be paid has not been paid or otherwise legally

discharged. The department by rule may establish a method for

satisfying an obligation imposed under this section from an

insurance policy, letter of credit, or other contingency fund.

(i) In this section, "affiliate" means:

(1) with respect to a partnership other than a limited

partnership, each partner of the partnership;

(2) with respect to a corporation:

(A) an officer;

(B) a director;

least 10 percent of any class of securities issued by the

corporation, regardless of whether the power is of record or

beneficial; and

(D) a controlling individual;

(3) with respect to an individual:

(A) each partnership and each partner in the partnership in

which the individual or any other affiliate of the individual is

a partner; and

(B) each corporation or other business entity in which the

individual or another affiliate of the individual is:

(i) an officer;

(ii) a director;

(iii) a stockholder who owns, holds, or has the power to vote at

least 10 percent of any class of securities issued by the

corporation, regardless of whether the power is of record or

beneficial; and

(iv) a controlling individual;

(4) with respect to a limited partnership:

(A) a general partner; and

(B) a limited partner who is a controlling individual;

(5) with respect to a limited liability company:

(A) an owner who is a manager as described by the Texas Limited

Liability Company Act (Article 1528n, Vernon's Texas Civil

Statutes); and

(B) each owner who is a controlling individual; and

(6) with respect to any other business entity, a controlling

individual.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1,

1991. Renumbered from Sec. 247.044 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. 4, eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1088, Sec. 4, eff. Sept. 1, 1997; Acts 1999,

76th Leg., ch. 62, Sec. 11.03, eff. Sept. 1, 1999; Acts 1999,

76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1194, Sec. 9, eff. September 1, 2007.

Sec. 247.0451. ADMINISTRATIVE PENALTY. (a) The department may

assess an administrative penalty against a person who:

(1) violates this chapter or a rule, standard, or order adopted

under this chapter or a term of a license issued under this

chapter;

(2) makes a false statement, that the person knows or should

know is false, of a material fact:

(A) on an application for issuance or renewal of a license or in

an attachment to the application; or

(B) with respect to a matter under investigation by the

department;

(3) refuses to allow a representative of the department to

inspect:

(A) a book, record, or file required to be maintained by an

assisted living facility; or

(B) any portion of the premises of an assisted living facility;

(4) wilfully interferes with the work of a representative of the

department or the enforcement of this chapter;

(5) wilfully interferes with a representative of the department

preserving evidence 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;

(6) fails to pay a penalty assessed under this chapter not later

than the 30th day after the date the assessment of the penalty

becomes final; or

(7) fails to notify the department of a change of ownership

before the effective date of the change of ownership.

(b) Except as provided by Section 247.0452(c), the penalty may

not exceed $1,000 for each violation.

accordance with the relative seriousness of the violation.

(d) In determining the amount of a penalty, the department shall

consider any matter that justice may require, but must consider

each of the following and make a record of the extent to which

each of the following was considered:

(1) the gradations of penalties established under Subsection

(c);

(2) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the prohibited act and the

hazard or potential hazard created by the act to the health or

safety of the public;

(3) the history of previous violations;

(4) deterrence of future violations;

(5) efforts to correct the violation; and

(6) the size of the facility and of the business entity that

owns the facility.

(e) A penalty assessed under Subsection (a)(6) is in addition to

the penalty previously assessed and not timely paid.

(f) The department may not assess a penalty under this section

against a resident of an assisted living facility unless the

resident is also an employee of the facility or a controlling

person.

Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

809, Sec. 16, eff. September 1, 2007.

Sec. 247.0452. RIGHT TO CORRECT. (a) The department may not

collect an administrative penalty from an assisted living

facility under Section 247.0451 if, not later than the 45th day

after the date the facility receives notice under Section

247.0453(c), the facility corrects the violation.

(b) Subsection (a) does not apply:

(1) to a violation that the department determines results in

serious harm to or death of a resident;

(2) to a violation described by Sections 247.0451(a)(2)-(7);

(3) to a second or subsequent violation of:

(A) a right of the same resident under Section 247.064; or

(B) the same right of all residents under Section 247.064; or

(4) to a violation described by Section 247.066, which contains

its own right to correct provisions.

maintain the correction. If the facility fails to maintain the

correction until at least the first anniversary of the date the

correction was made, the department may assess and collect an

administrative penalty for the subsequent violation. An

administrative penalty assessed under this subsection is equal to

three times the amount of the original penalty assessed but not

collected. The department is not required to provide the facility

with an opportunity under this section to correct the subsequent

violation.

Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

809, Sec. 17, eff. September 1, 2007.

Sec. 247.0453. REPORT RECOMMENDING ADMINISTRATIVE PENALTY. (a)

The department shall issue a preliminary report stating the facts

on which the department concludes that 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 has occurred if

the department has:

(1) examined the possible violation and facts surrounding the

possible violation; and

(2) concluded that a violation has occurred.

(b) The report may recommend a penalty under Section 247.0451

and the amount of the penalty.

the person charged with the violation not later than the 10th day

after the date on which the report is issued. The notice must

include:

(1) a brief summary of the charges;

(2) a statement of the amount of penalty recommended;

(3) a statement of whether the violation is subject to

correction under Section 247.0452 and, if the violation is

subject to correction under that section, a statement of:

(A) the date on which the assisted living facility must file

with the department a plan of correction to be approved by the

department; and

(B) the date on which the plan of correction must be completed

to avoid assessment of the penalty; and

(4) a statement that the person charged has a right to a hearing

on the occurrence of the violation, the amount of the penalty, or

both.

(d) Not later than the 20th day after the date on which the

notice under Subsection (c) is received, the person charged may:

(1) give to the department written consent to the department's

report, including the recommended penalty; or

(2) make a written request for a hearing.

(e) If the violation is subject to correction under Section

247.0452, the assisted living facility shall submit a plan of

correction to the department for approval not later than the 10th

day after the date on which the notice under Subsection (c) is

received.

(f) If the violation is subject to correction under Section

247.0452, and the person reports to the department that the

violation has been corrected, the department shall inspect the

correction or take any other step necessary to confirm the

correction and shall notify the person that:

(1) the correction is satisfactory and a penalty will not be

assessed; or

(2) the correction is not satisfactory and a penalty is

recommended.

(g) Not later than the 20th day after the date on which a notice

under Subsection (f)(2) is received, the person charged may:

(1) give to the department written consent to the department's

report, including the recommended penalty; or

(2) make a written request for a hearing.

(h) If the person charged with the violation consents to the

penalty recommended by the department or does not timely respond

to a notice sent under Subsection (c) or (f)(2), the commissioner

or the commissioner's designee shall assess the penalty

recommended by the department.

(i) If the commissioner or the commissioner's designee assesses

the recommended penalty, the department shall give written notice

to the person charged of the decision and the person shall pay

the penalty.

Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1,

2001.

Sec. 247.0454. HEARING ON ADMINISTRATIVE PENALTY. (a) An

administrative law judge shall order a hearing and 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.

conclusions of law and promptly issue to the commissioner or the

commissioner's designee a written 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 commissioner

or the commissioner's designee 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 commissioner or the commissioner's designee finds

that a violation has not occurred, the commissioner or the

commissioner's designee 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

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Texas Codes and Statutes

CHAPTER 247. ASSISTED LIVING FACILITIES