Tex. Health & Safety Code Section 247.042
Emergency Suspension or Closing Order


(a)

If the department finds an assisted living facility operating in violation of the standards prescribed by this chapter and the violations create an immediate threat to the health and safety of a resident in the facility, the department may suspend the license or order immediate closing of all or part of the facility.

(b)

The order suspending a license under Subsection (a) is effective immediately on written notice to the license holder or on the date specified in the order.

(c)

The order suspending the license and ordering closure of all or part of an assisted living facility is valid for 10 days after its effective date.

(d)

The department shall provide for the relocation of residents of an assisted living facility that is closed. The relocation may not be to a facility with a more restrictive environment unless all other reasonable alternatives are exhausted. Relocation procedures shall be adopted as part of the memorandum of understanding adopted under Section 247.061 (Coordination Between Agencies).

(e)

The department and the State Office of Administrative Hearings shall expedite any hearing or decision involving an emergency suspension or closing order issued under this section.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1248, Sec. 6, eff. Sept. 1, 2001.

Source: Section 247.042 — Emergency Suspension or Closing Order, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­247.­htm#247.­042 (accessed Jun. 5, 2024).

247.001
Short Title
247.002
Definitions
247.003
Application of Other Law
247.004
Exemptions
247.005
Controlling Person
247.0011
Scope, Purpose, and Implementation
247.021
License Required
247.022
License Application
247.023
Issuance and Renewal of License
247.024
Fees
247.025
Adoption of Rules
247.026
Standards
247.027
Inspections
247.028
Assistance by Department
247.029
Facilities for Persons with Alzheimer’s Disease
247.031
Municipal Enforcement
247.032
Accreditation Survey to Satisfy Inspection Requirements
247.041
Denial, Suspension, or Revocation of License
247.042
Emergency Suspension or Closing Order
247.043
Investigation of Abuse, Exploitation, or Neglect
247.044
Injunction
247.045
Civil Penalties
247.046
Cooperation Among Agencies
247.048
Regional Training for Agencies and Local Governments
247.049
Use of Regulatory Reports and Documents
247.050
Monitoring of Unlicensed Facilities
247.051
Informal Dispute Resolution
247.061
Coordination Between Agencies
247.062
Directory of Assisted Living Facilities
247.063
Referrals
247.064
Residents’ Bill of Rights
247.065
Providers’ Bill of Rights
247.066
Appropriate Placement Determination
247.067
Health Care Professionals
247.068
Retaliation Prohibited
247.069
Consumer Choice for Assisted Living in Community Care Programs
247.070
Guardianship Orders
247.071
Local Approval of Assisted Living Facility
247.072
Applicants for Employment
247.081
Scope of Subchapter
247.082
Election of Arbitration
247.083
Arbitration Procedures
247.084
Arbitrator Qualifications
247.085
Arbitrator Selection
247.086
Arbitrator Duties
247.087
Scheduling of Arbitration
247.088
Exchange and Filing of Information
247.089
Attendance
247.090
Testimony
247.091
Evidence
247.092
Closing Statements
247.093
Ex Parte Contacts Prohibited
247.094
Order
247.095
Effect of Order
247.096
Clerical Error
247.097
Court Vacating Order
247.098
Enforcement of Certain Arbitration Orders for Civil Penalties
247.0211
Expedited Inspection
247.0231
Compliance Record in Other States
247.0255
Restraint and Seclusion
247.0261
Early Compliance Review
247.0262
Report on Life Safety Code Surveys
247.0263
Life Safety Code Technical Memorandum
247.0264
Accessibility Standards
247.0271
Inspection Exit Conference
247.0272
Inspector Training
247.0275
Registration with Texas Information and Referral Network
247.0291
Training Requirements for Staff Members of Assisted Living Facilities Providing Care to Residents with Alzheimer’s Disease or Related Disorders
247.0295
Notice of Alzheimer’s Disease or Related Disorders License Classification
247.0451
Administrative Penalty
247.0452
Right to Correct
247.0453
Report Recommending Administrative Penalty
247.0454
Hearing on Administrative Penalty
247.0455
Notice and Payment of Administrative Penalty
247.0456
Application of Other Law
247.0457
Amelioration of Violation
247.0458
Use of Administrative Penalty
247.0459
Violation of Law Relating to Advance Directives
247.0631
Access

Accessed:
Jun. 5, 2024

§ 247.042’s source at texas​.gov