Issue Date: | 1987-09-01 |
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Revised Date: | 2014-05-20 |
Legal Cites
- Human Resources Code sec. 42.0521, sec. 42.054, sec. 42.0715, sec. 42.078
Object Type
Cash — Welfare/Mental Health
Origin Date
1985 by H.B. 1593, H.B. 346, 69th Leg., R.S.,
Description
Fees charged for licenses to operate as:
Renewal fees are as follows:
Department may charge a facility or family home for costs related to a corrective action plan.
(42.078) Department may impose an administrative penalty against a facility or family home and each day is a separate violation. Nonmonetary administrative sanctions shall be imposed when appropriate before administrative penalties except for violations related to criminal history checks as provided by 42.078 (a-2).
Amount of administrative penalty is based on the number of children in the facility and if the rule violation occurred in a residential child care facility. Administrative penalties may be in an amount NTE:
Administrative penalties collected under Revenue Object 3770.
(1) | Child-care facility (initial) |
$ 35 |
(2) | Child-placing agency (initial) |
$35 |
(3) | Child-care facility (provisional) |
$35 |
(4) | Child-placing agency (provisional) |
$35 |
(5) | Child-care facility (annual) |
$35 + $1 per child |
(6) | Child-placing agency (annual) |
$100 |
(7) | Family home - registered (annual) |
$35 |
(8) | Family home - listed (annual) |
$20 |
Renewal fees are as follows:
90 days or less |
1 1/2 times annual fee | |
91 days - 364 days |
2 times the annual fee | |
365 days or longer |
may not renew, |
Department may charge a facility or family home for costs related to a corrective action plan.
(42.078) Department may impose an administrative penalty against a facility or family home and each day is a separate violation. Nonmonetary administrative sanctions shall be imposed when appropriate before administrative penalties except for violations related to criminal history checks as provided by 42.078 (a-2).
Amount of administrative penalty is based on the number of children in the facility and if the rule violation occurred in a residential child care facility. Administrative penalties may be in an amount NTE:
Number of children |
Residential facility |
Non-residential facility |
20 or less |
$100 |
$50 |
21 - 40 |
$150 |
$60 |
41 - 60 |
$200 |
$70 |
61 - 80 |
$250 |
$80 |
81 - 100 |
$375 |
$100 |
More than 100 |
$500 |
$150 |
Administrative penalties collected under Revenue Object 3770.
Due Date
Before operating facility or agency, annual renewal on anniversary date.
Collecting Agencies
- 530 – Department of Family and Protective Services (formerly Department of Human Services, Agency 324)
Deposit Funds
Note
Amended by the 70th Legislature, R.S., S.B. 298.
Items (1) and (2) are not refundable.
Items (7) and (8) amended by H.B. 155, 75th Leg., R.S.
Amended by H.B. 2482, S.B. 1539 and S.B. 359, 75th Leg., R.S.
Transferred to Agency 530 by H.B. 2292, 78th Leg., R.S.
Administrative penalties increased and split into residential and non-residential by S.B. 6, 79th Leg., R.S.
(42.078) Amended by S.B. 427, 83rd Leg., R.S. to specify that administrative penalties may be imposed before administration sanctions for certain criminal history check violations.
Items (1) and (2) are not refundable.
Items (7) and (8) amended by H.B. 155, 75th Leg., R.S.
Amended by H.B. 2482, S.B. 1539 and S.B. 359, 75th Leg., R.S.
Transferred to Agency 530 by H.B. 2292, 78th Leg., R.S.
Administrative penalties increased and split into residential and non-residential by S.B. 6, 79th Leg., R.S.
(42.078) Amended by S.B. 427, 83rd Leg., R.S. to specify that administrative penalties may be imposed before administration sanctions for certain criminal history check violations.
USAS Values
Appropriation Year | 14 |
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USAS Title | PRIVATE INSTITUTION LICENSES |
Receipt Category | 13 – Welfare and Mental Health |
Receipt Type | 10 – Business/Professional Fees |
Object Group | 30 – Revenues |
USAS Status | A |
Rev/Exp Category | 01 – LICENSES, FEES, FINES, AND PENALTIES |