CHAPTER 254. BOARDING HOME FACILITIES
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE B. LICENSING OF HEALTH FACILITIES
CHAPTER 254. BOARDING HOME FACILITIES
Chapter 254 was added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1.
For another Chapter 254 added by Acts 2009, 81st Leg., R.S., Ch.
1273, Sec. 1, see other Chapter 254.
Sec. 254.001. DEFINITIONS. In this chapter:
(1) "Assistance with self-administering medication" means
assisting a resident by reminding the resident to take
medication, opening and removing medications from a container, or
reminding the resident when a prescription medication needs to be
refilled.
(2) "Boarding home facility" means an establishment that:
(A) furnishes, in one or more buildings, lodging to three or
more persons with disabilities or elderly persons who are
unrelated to the owner of the establishment by blood or marriage;
and
(B) provides community meals, light housework, meal preparation,
transportation, grocery shopping, money management, laundry
services, or assistance with self-administration of medication
but does not provide personal care services as defined by Section
247.002 to those persons.
(3) "Commission" means the Health and Human Services Commission.
(4) "Elderly person" has the meaning assigned by Section 48.002,
Human Resources Code.
(5) "Executive commissioner" means the executive commissioner of
the Health and Human Services Commission.
(6) "Person with a disability" means a disabled person as
defined by Section 48.002, Human Resources Code.
(7) "Resident" means a person who is residing in a boarding home
facility.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2009.
Sec. 254.002. EXEMPTIONS. This chapter does not apply to:
(1) a person that is required to be licensed under Chapter 142,
242, 246, 247, or 252;
(2) a person that is exempt from licensing under Section
142.003(a)(19), 242.003(3), or 247.004(4);
(3) a hotel as defined by Section 156.001, Tax Code;
(4) a retirement community;
(5) a monastery or convent;
(6) a child-care facility as defined by Section 42.002, Human
Resources Code;
(7) a family violence shelter center as defined by Section
51.002, Human Resources Code; or
(8) a sorority or fraternity house or other dormitory associated
with an institution of higher education.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2009.
Sec. 254.003. MODEL STANDARDS. The executive commissioner shall
develop and publish in the Texas Register model standards for the
operation of a boarding home facility relating to:
(1) the construction or remodeling of a boarding home facility,
including plumbing, heating, lighting, ventilation, and other
housing conditions, to ensure the residents' health, safety,
comfort, and protection from fire hazard;
(2) sanitary and related conditions in a boarding home facility
and its surroundings, including insect and rodent control, water
supply, sewage disposal, food handling, and general hygiene to
ensure the residents' health, safety, and comfort;
(3) the reporting and investigation of injuries, incidents, and
unusual accidents and the establishment of other policies and
procedures necessary to ensure resident health and safety;
(4) assistance with self-administering medication;
(5) requirements for in-service education of the facility's
staff;
(6) criminal history record checks; and
(7) assessment and periodic monitoring to ensure that a
resident:
(A) does not require the boarding home facility to provide
personal care, nursing, or other services not listed in Section
254.001(2); and
(B) is capable of self-administering medication or is aware of
what the resident's medications look like and knows when the
medications should be taken but requires assistance with
self-administering medication.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2009.
Text of section effective on September 01, 2010
Sec. 254.004. LOCAL REGULATION. A county or municipality may
require a person to obtain a permit from the county or
municipality to operate a boarding home facility within the
county's or municipality's jurisdiction. A county or
municipality may adopt the standards developed by the executive
commissioner under Section 254.003 and require a boarding home
facility that holds a permit issued by the county or municipality
to comply with the adopted standards.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 254.005. PERMIT PROCEDURES; FEES; FINES. (a) A county or
municipality that requires a person to obtain a boarding home
facility permit as authorized by Section 254.004 may establish
procedures for the submission of a boarding home facility permit
application and for the issuance, denial, renewal, suspension,
and revocation of the permit.
(b) A county or municipality that requires a person to obtain a
boarding home facility permit as authorized under Section 254.004
may set reasonable fees for issuance of the permit, renewal of
the permit, and inspections and may impose fines for
noncompliance with the county or municipal boarding home facility
regulations. The fees collected and fines imposed by the county
or municipality must be used to administer the county or
municipal permitting program or for other purposes directly
related to providing boarding home facility or other assisted
living services to elderly persons and persons with disabilities.
(c) A person required to obtain a boarding home facility permit
from a county or municipality as authorized under Section 254.004
shall pay any fees required or fines imposed by the county or
municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 254.006. POSTING. A boarding home facility that holds a
permit issued by a county or municipality shall prominently and
conspicuously post for display in a public area of the boarding
home facility that is readily available to residents, the
operator, employees, and visitors:
(1) the permit issued by a county or municipality;
(2) a sign prescribed by the county or municipality that issued
the permit that specifies how complaints may be registered with
the county or municipality;
(3) a notice in a form prescribed by the county or municipality
that issued the permit stating that inspection and related
reports are available at the boarding home facility for public
inspection and providing a telephone number that may be used to
obtain information concerning the boarding home facility;
(4) a concise summary of the most recent inspection report
relating to the boarding home facility; and
(5) a notice in a form prescribed by the county or municipality
that issued the permit that lists the name, location, and contact
information for:
(A) the closest local public health services agency in the
proximity of the boarding home facility; and
(B) a local organization or entity that represents, advocates,
or serves elderly persons or persons with disabilities, including
any related toll-free contact information for reporting
emergencies to the organization or entity.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 254.007. INSPECTIONS. (a) A county or municipality may
conduct any inspection, survey, or investigation that it
considers necessary and may enter the premises of a boarding home
facility at reasonable times to make an inspection, survey, or
investigation.
(b) A county or municipality is entitled to access to books,
records, and other documents maintained by or on behalf of a
boarding home facility to the extent necessary to enforce the
standards adopted by the county or municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 254.008. INTERLOCAL COOPERATION. Two or more counties or
municipalities may cooperate and contract with each other for the
purpose of inspecting and permitting boarding home facilities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2010.
Sec. 254.009. REPORTING AND INVESTIGATION OF ABUSE, NEGLECT, OR
EXPLOITATION. (a) A person, including an owner, operator, or
employee of a boarding home facility that holds a permit issued
by a county or municipality, who has cause to believe that a
resident who is an elderly person or a person with a disability
is being or has been abused, neglected, or exploited shall report
the abuse, neglect, or exploitation to the Department of Family
and Protective Services for investigation by that agency. The
Department of Family and Protective Services shall investigate
the allegation of abuse, neglect, or exploitation as authorized
and in the manner provided by Chapter 48, Human Resources Code.
(b) Each boarding home facility that holds a permit issued by a
county or municipality shall require each employee of the
boarding home facility, as a condition of employment with the
boarding home facility, to sign a statement that the employee
acknowledges that the employee may be criminally liable under
Section 48.052, Human Resources Code, for failure to report
abuse, neglect, or exploitation.
(c) An owner, operator, or employee of a boarding home facility
that holds a permit issued by a county or municipality may not
retaliate against an employee of the facility who in good faith
makes a complaint to the office of the inspector general of the
Health and Human Services Commission, cooperates with the office
of the inspector general in an investigation, or reports abuse,
neglect, or exploitation of a resident to the Department of
Family and Protective Services.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2009.
Sec. 254.010. ANNUAL REPORT TO COMMISSION; LEGISLATIVE REPORT.
(a) Not later than September 30 of each year following the
establishment of a county or municipal permitting requirement
under this chapter, each county or municipality that requires a
person to obtain a boarding home facility permit under Section
254.004 shall submit to the commission a report. The report must
include:
(1) the total number of:
(A) boarding home facilities permitted during the preceding
state fiscal year;
(B) boarding home facility applications denied permitting,
including a summary of cause for denial; and
(C) boarding home facility permits active on August 31 of the
preceding state fiscal year;
(2) the total number of residents reported housed in each
boarding home facility reported;
(3) the total number of inspections conducted at each boarding
home facility by the county or municipality that requires the
permit; and
(4) the total number of permits revoked or suspended as a result
of an inspection described by Subdivision (3) and a summary of
the outcome for the residents displaced by revocation or
suspension of a permit.
(b) The commission shall establish and maintain a standardized
compilation of information reported under this section and
provide to the legislature a report of this information not later
than January 1 of each odd-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2009.
Sec. 254.011. EXCLUSION PROHIBITED. If an entity meets the
requirements established by a county or municipality under this
chapter, the entity may not be excluded from a residential area
by zoning ordinances or similar regulations.
Added by Acts 2009, 81st Leg., R.S., Ch.
1106, Sec. 1, eff. September 1, 2009.