79R1130 JTS-D

By:  Jones of Dallas                                              H.B. No. 669



A BILL TO BE ENTITLED

AN ACT

relating to the registration of certain assisted living facilities.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 247, Health and Safety 
Code, is amended by adding Section 247.032 to read as follows:
	Sec. 247.032.  REGISTRATION OF CERTAIN FACILITIES.  (a)  The 
executive commissioner of the Health and Human Services Commission 
by rule shall establish a classification and registration for a 
facility that:
		(1)  furnishes food and shelter to three or fewer 
persons who are unrelated to the proprietor of the facility; and
		(2)  provides personal care services.                                  
	(b)  A person may not operate a facility described by 
Subsection (a) unless the person is registered with the department 
as provided by this section and rules adopted under this section.
	(c)  A person may apply for registration under this section 
by submitting:
		(1)  an application for registration on a form 
prescribed by the department; and
		(2)  a fee of $50.                                                     
	(d)  A registration is valid until the second anniversary of 
the date of issuance.
	(e)  A facility registered under this section shall grant 
reasonable access to the department and its designees to enable the 
department to ensure the residents of the facility have access to 
community services and benefit programs.  The executive 
commissioner of the Health and Human Services Commission by rule 
may establish protocol for:
		(1)  inquiries and visits to a facility; and                           
		(2)  reporting instances of abuse, neglect, or 
exploitation observed or reported during the visits.
	(f)  Notwithstanding Section 48.301, Human Resources Code, 
or Section 247.043, the Department of Family and Protective 
Services may conduct investigations of abuse, neglect, and 
exploitation at facilities registered under this section in 
accordance with Chapter 48, Human Resources Code.
	(g)  The department may deny, suspend, or revoke a 
registration for a violation of this chapter or a rule adopted under 
this chapter.
	(h)  A person who operates a facility without a current 
registration or who violates this section or a rule adopted under 
this section is subject to the remedies and penalties provided by 
Subchapter C as if the person held or is required to hold a license 
under this subchapter.
	SECTION 2.  (a)  Not later than January 1, 2006, the 
executive commissioner of the Health and Human Services Commission 
shall adopt the rules necessary to implement Section 247.032, 
Health and Safety Code, as added by this Act.
	(b)  Notwithstanding Section 247.032, Health and Safety 
Code, as added by this Act, a facility is not required to register 
with the Department of Aging and Disability Services before March 
1, 2006.
	SECTION 3.  This Act takes effect September 1, 2005.