81R3586 JSC-D
By: Riddle H.B. No. 510
A BILL TO BE ENTITLED
AN ACT
relating to the registration of certain assisted living facilities;
providing penalties.
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 247.033 to read as follows:
Sec. 247.033. REGISTRATION OF CERTAIN FACILITIES. (a) The
executive commissioner of the Health and Human Services Commission
by rule shall require 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 registers the facility with the
department according to this section and rules adopted under this
section.
(c) A person may apply for registration of a facility under
this section by submitting:
(1) an application for registration on a form
prescribed by the department; and
(2) a fee of $200.
(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:
(1) for inquiries and visits to a facility; and
(2) to permit reporting of 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 that is required to be
registered under this section 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, 2010, the
executive commissioner of the Health and Human Services Commission
shall adopt the rules necessary to implement Section 247.033,
Health and Safety Code, as added by this Act.
(b) Notwithstanding Section 247.033, 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, 2010.
SECTION 3. This Act takes effect September 1, 2009.