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A BILL TO BE ENTITLED
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AN ACT
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relating to listing certain small facilities furnishing care to |
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residents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.033 to read as follows: |
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Sec. 247.033. LISTING OF CERTAIN SMALL FACILITIES. (a) The |
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executive commissioner of the Health and Human Services Commission |
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by rule shall establish a system for listing each facility that: |
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(1) furnishes food, shelter, and personal care |
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services to three or fewer people who are unrelated to the |
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proprietor of the facility; and |
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(2) provides regular care to the residents of the |
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facility. |
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(b) A facility described by Subsection (a) shall list with |
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the department. A listing remains valid until surrendered. |
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(c) The department shall provide to a listed facility a copy |
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of the listing. A listing must contain a provision that states: |
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"THIS FACILITY IS NOT AN ASSISTED LIVING FACILITY. IT IS NOT |
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LICENSED OR REGISTERED WITH THE DEPARTMENT OF AGING AND DISABILITY |
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SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED." |
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The operator of a listed facility is not required to display the |
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listing at the home but shall make the listing available for |
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examination. |
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(d) The department shall issue a listing to a facility under |
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this section in both English and Spanish when the most recent |
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federal census shows that more than one-half of the population in a |
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municipality or in a commissioners precinct in a county in which the |
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facility is located is of Hispanic origin or Spanish-speaking. |
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(e) A facility required to list with the department under |
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this section is not otherwise subject to the standards, |
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requirements, or penalties of this chapter. |
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SECTION 2. (a) |
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Not later than January 1, 2008, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the rules necessary to implement Section 247.033, |
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Health and Safety Code, as added by this Act. |
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(b) Notwithstanding Section 247.033, Health and Safety |
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Code, as added by this Act, a facility is not required to list with |
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the Department of Aging and Disability Services before March 1, |
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2008. |
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SECTION 3. This Act takes effect September 1, 2007. |