Issue Date: | 1989-09-01 |
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Revised Date: | 2014-05-21 |
Legal Cites
- Health and Safety Code sec. 242.0975, sec. 247.024, sec. 247.045, sec. 247.0451
Object Type
Cash — Business Regulation
Origin Date
September 1989 by S.B. 487, 71st Leg., R.S.
Description
Fees are imposed in amounts reasonable and necessary to defray cost of administration. An applicant for an assisted living facility license must submit an application on a form prescribed by the Department accompanied by a nonrefundable license fee, set on the basis of number of beds and in amounts reasonable to defray costs up to $1,500.
Department shall issue a license if, after inspection and investigation, it finds the applicant and the facility meet requirements of this article and standards adopted under this article.
Non-possession of a license is subject to a civil penalty of not less than $1,000 nor more than $10,000 per day for each violation (collected under Revenue Object 3717).
The department may assess an administrative penalty up to $1,000 for each violation unless violation to maintain a correction before the first anniversary of the correction date (collected under Revenue Object 3770). Penalty for this violation is 3 times the amount of original penalty assessed.
In addition to the license fee, the department shall adopt an annual fee if the amount of the Assisted Living Facility Trust Fund 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
Collecting Agencies
- 539 – Department of Aging and Disability Services (formerly the Texas Department of Health, Agency 501)
Deposit Funds
- 0001 – General Revenue Fund (formerly to the Personal Care Facility Licensing Fund Account (No. 0670), abolished August 31, 1995 by § 403.094, Government Code)
- 0857 – Assisted Living Facility Trust Fund
Note
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.
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.
USAS Values
Appropriation Year | 14 |
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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 |