Issue Date: 1997-09-01
Revised Date: 2019-09-01

Legal Cites

Object Type

Cash — Health

Origin Date

September 1, 1997 by S.B. 1248, 75th Leg., R.S.


To record:

(1) License and renewal fees to establish, conduct and maintain an intermediate care facility for individuals with an intellectual disability. The fee may not exceed $225 plus $7.50 for each unit of capacity or bed space. A state operated facility is not required to pay a fee. (252.034)

(2) Additional fee for the approval of an increase in bed space adopted by the executive commissioner by rule. (252.034)

(3) Late fee for an applicant who submits an application for license renewal later than the 45th day before the expiration date of a current license set by commission rule. (252.034)

(4) $20 fee when a facility changes administrators. (252.010)

(5) Fee set by the commission for early compliance review of building plans to construct or modify a facility. (252.0375)

(6) An additional annual fee that may be collected by the commission to make emergency assistance money available to a licensed facility. Fee is set at $1 for each licensed unit of capacity or in amount needed to provide $10 million in the Nursing and Convalescent Home Trust Fund (0992). (252.095)

(7) An additional quality assurance fee imposed on each facility in an amount needed to produce annual revenues equal to not more than 6% of facility's total annual gross receipts in Texas. (252.202, 531.078)

(8) Administrative penalties assessed on a person in violation of this chapter. The penalty for a facility with fewer than 60 beds is between $100 and $1,000 for each violation (total penalty not to exceed $5,000 per day). The penalty for a facility with 60 beds or more is $100 to $5,000 for each violation (not to exceed $25,000 per day). Each day is a separate violation. Administrative penalties may not exceed 1/2 of the amount of outstanding quality assurance fees or $20,000, whichever is greater. (Collected under Revenue Object 3770). (252.065, 252.205)

(9) Civil penalties not less than $100 or more than $10,000 for each violation. (Collected under Revenue Object 3717). (252.064)

Due Date

License fees paid at time of application with renewals every two years.


(5) Added by S.B. 78, 77th Leg., R.S.

(7) Added by S.B. 1839, 77th Leg., R.S. The quality assurance fee was set to expire on 9-1-2005 unless continued by the 79th Leg., R.S. Quality assurance fee expiration date repealed by S.B. 1863, 79th Leg., R.S.

Transferred from the Department of Human Services (324) to Department of Aging and Disability Services (539) by H.B. 2292, 78th Leg., R.S.

Quality assurance fee on certain waiver program services added by S.B. 1830, 79th Leg., R.S.

(8) Amended by S.B. 196, 76th Leg., R.S.

Subtitle amended from "Intermediate Care Facilities for the Mentally Retarded" by S.B. 219, 84th Leg., R.S.

S.B. 200, 84th Leg., R.S. abolished Department of Aging and Disability Services (539) and transferred programs to the Health and Human Services Commission (529) effective 9/1/17.

Fee under (1) increased and others amended by H.B. 2025, 85th Leg., R.S.

Penalties amended by H.B. 3803, 86th Leg., R.S.

USAS Values

Appropriation Year 24
Receipt Category 12 – Health
Receipt Type 10 – Business/Professional Fees
Object Group 30 – Revenues
USAS Status A