Issue Date: 1989-09-01
Revised Date: 2017-09-01

Legal Citations

Object Type

Cash — Business Regulation

Origin Date

September 1989 by S.B. 487, 71st Leg., R.S.

Description

An applicant for an assisted living facility license must pay a nonrefundable fee, set on the basis of number of beds and in amounts reasonable to defray commission administration costs up to $2,250.

Civil penalties of between $1,000 and $10,000 per day for each violation (collected under revenue object 3717).

The commission may assess administrative penalties of $5,000 for violations representing a pattern of violations or posing an immediate threat. For other violations the commission may assess up to $1,000 (collected under revenue object 3770).

In addition to the license fee, the executive commissioner shall adopt an annual fee if the amount of the Assisted Living Facility Trust Fund (0857) is less than $500,000. Fee charged and collected more than once each year only if necessary to ensure amount in the trust fund is sufficient to make disbursements of emergency assistance funds. Fee set on basis of number of beds in facilities.

 The department may charge a fee to recover cost of expedited inspections.

Due Date

Every 3 years.

Note

Previously deposited to the Personal Care Facility Licensing Fund Account (No. 0670), abolished August 31, 1995 by § 403.094, Government Code.

Amended by S.B. 865, 72nd Leg., R.S.

Amended by H.B. 1596, 75th Leg., R.S.

Amended by S.B. 93, 76th Leg., R.S.

Fee to increase amount in Assisted Living Facility Trust Fund (0857) added by S.B. 527, 77th Leg., R.S.

Previously administered by the Texas Department of Health, Agency 501, and transferred to Agency 537 by H.B. 2292, 78th Leg., R.S.

Amounts amended by S.B. 1318, 80th Leg., R.S.

Expedited inspection fee added by H.B. 2972, 81st 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.

Amended by H.B. 2025, 85th Leg., R.S.

USAS Values

Appropriation Year 25
USAS Title HEALTH REGULATION FEES
Receipt Category 03 – Business Regulation
Receipt Type 30 – State Service Fees
Object Group 30 – Revenues
USAS Status A
Rev/Exp Category 01 – LICENSES, FEES, FINES, AND PENALTIES