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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration of certain assisted living facilities. |
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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. REGISTRATION OF CERTAIN 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 classification and registration for a |
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facility that: |
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(1) furnishes food and shelter to three or fewer |
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persons who are unrelated to the proprietor of the facility; and |
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(2) provides personal care services. |
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(b) A person may not operate a facility described by |
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Subsection (a) unless the person is registered with the department |
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as provided by this section and rules adopted under this section. |
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(c) A person may apply for registration under this section |
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by submitting: |
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(1) an application for registration on a form |
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prescribed by the department; and |
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(2) a fee of $100. |
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(d) A registration is valid until the second anniversary of |
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the date of issuance. |
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(e) A facility registered under this section shall grant |
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reasonable access to the department and its designees: |
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(1) for inquiries and visits to a facility; and |
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(2) to permit reporting of instances of abuse, |
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neglect, or exploitation observed or reported during the visits. |
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(f) Notwithstanding Section 48.301, Human Resources Code, |
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or Section 247.043, the Department of Family and Protective |
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Services may conduct investigations of abuse, neglect, and |
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exploitation at facilities registered under this section in |
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accordance with Chapter 48, Human Resources Code. |
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(g) The department may deny, suspend, or revoke a |
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registration for a violation of this chapter or a rule adopted under |
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this chapter. |
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(h) A person who operates a facility without a current |
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registration or who violates this section or a rule adopted under |
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this section is subject to the remedies and penalties provided by |
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Subchapter C as if the person held or is required to hold a license |
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under this subchapter. |
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SECTION 2. (a) 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 register |
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with the Department of Aging and Disability Services before March |
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1, 2008. |
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SECTION 3. This Act takes effect September 1, 2007. |