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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of boarding home facilities for persons |
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with disabilities or elderly persons and assisted living |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Health and Safety Code, is |
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amended by adding Chapter 254 to read as follows: |
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CHAPTER 254. BOARDING HOME FACILITIES |
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Sec. 254.001. DEFINITIONS. In this chapter: |
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(1) "Assistance with self-administering medication" |
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means assisting a resident by reminding the resident to take |
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medication, opening and removing medications from a container, or |
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reminding the resident when a prescription medication needs to be |
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refilled. |
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(2) "Boarding home facility" means an establishment |
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that: |
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(A) furnishes, in one or more buildings, lodging |
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to three or more persons with disabilities or elderly persons who |
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are unrelated to the owner of the establishment by blood or |
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marriage; and |
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(B) provides community meals, light housework, |
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meal preparation, transportation, grocery shopping, money |
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management, laundry services, or assistance with |
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self-administration of medication but does not provide personal |
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care services as defined by Section 247.002 to those persons. |
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(3) "Commission" means the Health and Human Services |
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Commission. |
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(4) "Elderly person" has the meaning assigned by |
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Section 48.002, Human Resources Code. |
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(5) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(6) "Person with a disability" means a disabled person |
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as defined by Section 48.002, Human Resources Code. |
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(7) "Resident" means a person who is residing in a |
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boarding home facility. |
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Sec. 254.002. EXEMPTIONS. This chapter does not apply to: |
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(1) a person that is required to be licensed under |
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Chapter 142, 242, 246, 247, or 252; |
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(2) a person that is exempt from licensing under |
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Section 142.003(a)(19), 242.003(3), or 247.004(4); |
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(3) a hotel as defined by Section 156.001, Tax Code; |
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(4) a retirement community; |
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(5) a monastery or convent; |
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(6) a child-care facility as defined by Section |
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42.002, Human Resources Code; |
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(7) a family violence shelter center as defined by |
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Section 51.002, Human Resources Code; or |
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(8) a sorority or fraternity house or other dormitory |
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associated with an institution of higher education. |
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Sec. 254.003. MODEL STANDARDS. The executive commissioner |
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shall develop and publish in the Texas Register model standards for |
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the operation of a boarding home facility relating to: |
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(1) the construction or remodeling of a boarding home |
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facility, including plumbing, heating, lighting, ventilation, and |
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other housing conditions, to ensure the residents' health, safety, |
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comfort, and protection from fire hazard; |
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(2) sanitary and related conditions in a boarding home |
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facility and its surroundings, including insect and rodent control, |
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water supply, sewage disposal, food handling, and general hygiene |
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to ensure the residents' health, safety, and comfort; |
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(3) the reporting and investigation of injuries, |
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incidents, and unusual accidents and the establishment of other |
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policies and procedures necessary to ensure resident health and |
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safety; |
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(4) assistance with self-administering medication; |
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(5) requirements for in-service education of the |
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facility's staff; |
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(6) criminal history record checks; and |
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(7) assessment and periodic monitoring to ensure that |
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a resident: |
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(A) does not require the boarding home facility |
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to provide personal care, nursing, or other services not listed in |
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Section 254.001(2); and |
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(B) is capable of self-administering medication |
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or is aware of what the resident's medications look like and knows |
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when the medications should be taken but requires assistance with |
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self-administering medication. |
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Sec. 254.004. LOCAL REGULATION. A county or municipality |
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may require a person to obtain a permit from the county or |
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municipality to operate a boarding home facility within the |
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county's or municipality's jurisdiction. A county or municipality |
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may adopt the standards developed by the executive commissioner |
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under Section 254.003 and require a boarding home facility that |
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holds a permit issued by the county or municipality to comply with |
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the adopted standards. |
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Sec. 254.005. PERMIT PROCEDURES; FEES; FINES. (a) A county |
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or municipality that requires a person to obtain a boarding home |
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facility permit as authorized by Section 254.004 may establish |
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procedures for the submission of a boarding home facility permit |
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application and for the issuance, denial, renewal, suspension, and |
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revocation of the permit. |
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(b) A county or municipality that requires a person to |
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obtain a boarding home facility permit as authorized under Section |
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254.004 may set reasonable fees for issuance of the permit, renewal |
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of the permit, and inspections and may impose fines for |
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noncompliance with the county or municipal boarding home facility |
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regulations. The fees collected and fines imposed by the county or |
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municipality must be used to administer the county or municipal |
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permitting program or for other purposes directly related to |
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providing boarding home facility or other assisted living services |
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to elderly persons and persons with disabilities. |
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(c) A person required to obtain a boarding home facility |
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permit from a county or municipality as authorized under Section |
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254.004 shall pay any fees required or fines imposed by the county |
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or municipality. |
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Sec. 254.006. POSTING. A boarding home facility that holds |
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a permit issued by a county or municipality shall prominently and |
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conspicuously post for display in a public area of the boarding home |
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facility that is readily available to residents, the operator, |
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employees, and visitors: |
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(1) the permit issued by a county or municipality; |
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(2) a sign prescribed by the county or municipality |
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that issued the permit that specifies how complaints may be |
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registered with the county or municipality; |
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(3) a notice in a form prescribed by the county or |
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municipality that issued the permit stating that inspection and |
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related reports are available at the boarding home facility for |
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public inspection and providing a telephone number that may be used |
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to obtain information concerning the boarding home facility; |
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(4) a concise summary of the most recent inspection |
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report relating to the boarding home facility; and |
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(5) a notice in a form prescribed by the county or |
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municipality that issued the permit that lists the name, location, |
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and contact information for: |
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(A) the closest local public health services |
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agency in the proximity of the boarding home facility; and |
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(B) a local organization or entity that |
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represents, advocates, or serves elderly persons or persons with |
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disabilities, including any related toll-free contact information |
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for reporting emergencies to the organization or entity. |
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Sec. 254.007. INSPECTIONS. (a) A county or municipality |
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may conduct any inspection, survey, or investigation that it |
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considers necessary and may enter the premises of a boarding home |
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facility at reasonable times to make an inspection, survey, or |
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investigation. |
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(b) A county or municipality is entitled to access to books, |
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records, and other documents maintained by or on behalf of a |
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boarding home facility to the extent necessary to enforce the |
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standards adopted by the county or municipality. |
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Sec. 254.008. INTERLOCAL COOPERATION. Two or more counties |
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or municipalities may cooperate and contract with each other for |
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the purpose of inspecting and permitting boarding home facilities. |
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Sec. 254.009. REPORTING OF ABUSE, NEGLECT, OR EXPLOITATION. |
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(a) A person, including an owner, operator, or employee of a |
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boarding home facility that holds a permit issued by a county or |
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municipality, who has cause to believe that a resident who is an |
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elderly person or a person with a disability has been abused, |
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neglected, or exploited or may be adversely affected by abuse, |
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neglect, or exploitation caused by another person shall report the |
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abuse, neglect, or exploitation to the Department of Family and |
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Protective Services for investigation by that agency. |
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(b) Each boarding home facility that holds a permit issued |
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by a county or municipality shall require each employee of the |
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boarding home facility, as a condition of employment with the |
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boarding home facility, to sign a statement that the employee |
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acknowledges that the employee may be criminally liable under |
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Section 48.052, Human Resources Code, for failure to report abuse, |
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neglect, or exploitation. |
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(c) An owner, operator, or employee of a boarding home |
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facility that holds a permit issued by a county or municipality may |
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not retaliate against an employee of the facility who in good faith |
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makes a complaint to the office of the inspector general of the |
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Health and Human Services Commission, cooperates with the office of |
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the inspector general in an investigation, or reports abuse, |
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neglect, or exploitation of a resident to the Department of Family |
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and Protective Services. |
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Sec. 254.010. ANNUAL REPORT TO COMMISSION; LEGISLATIVE |
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REPORT. (a) Not later than September 30 of each year following the |
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establishment of a county or municipal permitting requirement under |
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this chapter, each county or municipality that requires a person to |
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obtain a boarding home facility permit under Section 254.004 shall |
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submit to the commission a report. The report must include: |
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(1) the total number of: |
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(A) boarding home facilities permitted during |
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the preceding state fiscal year; |
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(B) boarding home facility applications denied |
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permitting, including a summary of cause for denial; and |
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(C) boarding home facility permits active on |
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August 31 of the preceding state fiscal year; |
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(2) the total number of residents reported housed in |
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each boarding home facility reported; |
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(3) the total number of inspections conducted at each |
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boarding home facility by the county or municipality that requires |
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the permit; and |
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(4) the total number of permits revoked or suspended |
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as a result of an inspection described by Subdivision (3) and a |
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summary of the outcome for the residents displaced by revocation or |
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suspension of a permit. |
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(b) The commission shall establish and maintain a |
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standardized compilation of information reported under this |
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section and provide to the legislature a report of this information |
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not later than January 1 of each odd-numbered year. |
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Sec. 254.011. EXCLUSION PROHIBITED. If an entity meets the |
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requirements established by a county or municipality under this |
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chapter, the entity may not be excluded from a residential area by |
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zoning ordinances or similar regulations. |
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SECTION 2. Sections 247.002(1), (2), (4), (5), and (7), |
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Health and Safety Code, are amended to read as follows: |
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(1) "Assisted living facility" means an establishment |
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that: |
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(A) furnishes, in one or more facilities, food |
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and shelter to four or more persons who are unrelated to the |
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proprietor of the establishment; [and] |
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(B) provides: |
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(i) personal care services; or |
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(ii) administration of medication by a |
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person licensed or otherwise authorized in this state to administer |
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the medication; and |
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(C) may provide assistance with or supervision of |
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the administration of medication. |
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(2) "Board" means the executive commissioner of the |
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Health and [Texas Board of] Human Services Commission. |
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(4) "Department" means the [Texas] Department of Aging |
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and Disability [Human] Services. |
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(5) "Personal care services" means: |
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(A) assistance with feeding [meals], dressing, |
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moving [movement], bathing, or other personal needs or maintenance; |
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or |
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(B) [the administration of medication by a person
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licensed to administer medication or the assistance with or
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supervision of medication; or
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[(C)] general supervision or oversight of the |
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physical and mental well-being of a person who needs assistance to |
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maintain a private and independent residence in an assisted living |
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facility or who needs assistance to manage the person's personal |
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life, regardless of whether a guardian has been appointed for the |
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person. |
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(7) "Commissioner" means the commissioner of the |
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department [human services]. |
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SECTION 3. Section 247.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 247.004. EXEMPTIONS. This chapter does not apply to: |
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(1) a boarding home facility as defined by Section |
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254.001 [that has rooms for rent and that may offer community meals,
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light housework, meal preparation, transportation, grocery
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shopping, money management, or laundry services but that does not
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provide personal care services]; |
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(2) an establishment conducted by or for the adherents |
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of the Church of Christ, Scientist, for the purpose of providing |
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facilities for the care or treatment of the sick who depend |
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exclusively on prayer or spiritual means for healing without the |
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use of any drug or material remedy if the establishment complies |
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with local safety, sanitary, and quarantine ordinances and |
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regulations; |
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(3) a facility conducted by or for the adherents of a |
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qualified religious society classified as a tax-exempt |
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organization under an Internal Revenue Service group exemption |
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ruling for the purpose of providing personal care services without |
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charge solely for the society's professed members or ministers in |
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retirement, if the facility complies with local safety, sanitation, |
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and quarantine ordinances and regulations; or |
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(4) a facility that provides personal care services |
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only to persons enrolled in a program that is funded in whole or in |
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part by the department [Texas Department of Mental Health and
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Mental Retardation] and that is monitored by the department [Texas
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Department of Mental Health and Mental Retardation] or its |
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designated local mental retardation authority in accordance with |
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standards set by the department [Texas Department of Mental Health
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and Mental Retardation]. |
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SECTION 4. Section 247.030, Health and Safety Code, is |
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repealed. |
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SECTION 5. It is the intent of the legislature that the |
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passage by the 81st Legislature, Regular Session, 2009, of another |
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bill that amends Subtitle B, Title 4, Health and Safety Code, and |
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Chapter 247, Health and Safety Code, and the amendments made by this |
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Act shall be harmonized, if possible, as provided by Section |
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311.025(b), Government Code, so that effect may be given to each. |
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If the amendments made by this Act to Subtitle B, Title 4, Health |
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and Safety Code, and Chapter 247, Health and Safety Code, and the |
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amendments made to Subtitle B, Title 4, Health and Safety Code, and |
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Chapter 247, Health and Safety Code, by any other bill are |
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irreconcilable, it is the intent of the legislature that this Act |
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prevail, regardless of the relative dates of enactment of this Act |
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and the other bill or bills, but only to the extent that differences |
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are irreconcilable. |
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SECTION 6. Not later than September 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the model standards required by Section 254.003, Health and |
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Safety Code, as added by this Act. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) Sections 254.004 through 254.008, Health and Safety |
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Code, as added by this Act, and Section 4 of this Act take effect |
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September 1, 2010. |