Issue Date: 1989-09-01
Revised Date: 2014-05-21

Legal Cites

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

At time of filing.

Collecting Agencies

Deposit Funds

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
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