Tex. Health & Safety Code Section 247.071
Local Approval of Assisted Living Facility

(a)

In this section, “governmental unit” means a municipality, county, or other political subdivision of the state that has the authority to adopt a building code or fire code.

(b)

A governmental unit that adopts a building code or fire code governs the interpretation and enforcement of that building code or fire code.

(c)

The commission may not issue a citation for a violation of a building code or fire code adopted by a governmental unit to an assisted living facility that presents evidence of the governmental unit’s determination that the assisted living facility is compliant with the code. If the commission cites an assisted living facility for a building code or fire code violation and the assisted living facility subsequently provides the evidence described by this subsection, the commission shall rescind the citation.

(d)

Subsection (c) does not restrict the authority of the commission to issue a citation to an assisted living facility for a violation of any National Fire Protection Association codes or standards adopted under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 66 (S.B. 1049), Sec. 3, eff. September 1, 2017.

Source: Section 247.071 — Local Approval of Assisted Living Facility, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­247.­htm#247.­071 (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
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Accessed:
Jun. 5, 2024

§ 247.071’s source at texas​.gov