Tex. Health & Safety Code Section 252.033
Issuance and Renewal of License


(a)

After receiving the application, the commission shall issue a license if, after inspection and investigation, it finds that the applicant and facility meet the requirements established under this chapter.

(b)

The commission may issue a license only for:

(1)

the premises and persons or governmental unit named in the application; and

(2)

the maximum number of beds specified in the application.

(c)

A license may not be transferred or assigned.

(d)

A license is renewable on the third anniversary of issuance or renewal of the license after:

(1)

an inspection;

(2)

filing and approval of a renewal report; and

(3)

payment of the renewal fee.

(e)

The renewal report required under Subsection (d)(2) must be filed in accordance with rules adopted by the executive commissioner that specify the form of the report, the date it must be submitted, and the information it must contain.

(f)

The commission may not issue a license for new beds or an expansion of an existing facility under this chapter unless the addition of new beds or the expansion is included in the plan approved by the commission in accordance with Section 533A.062 (Plan on Long-term Care for Persons with an Intellectual Disability).

(g)

A license or renewal fee imposed under this chapter is an allowable cost for reimbursement under the state Medicaid program. An increase in the amount of a fee shall be reflected in reimbursement rates prospectively.

(h)

The executive commissioner by rule shall:

(1)

define specific, appropriate, and objective criteria on which the commission may deny an initial license application or license renewal or revoke a license; and

(2)

adopt a system under which:

(A)

licenses expire on staggered dates during each three-year period; and

(B)

the commission prorates the license fee as appropriate if the expiration date of a license changes as a result of the system adopted under Paragraph (A).
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 534, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0778, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 12, eff. September 1, 2017.

Source: Section 252.033 — Issuance and Renewal of License, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­252.­htm#252.­033 (accessed Jun. 5, 2024).

252.001
Purpose
252.002
Definitions
252.003
Exemptions
252.004
Allocated Federal Money
252.005
Language Requirements Prohibited
252.006
Rights of Residents
252.007
Paperwork Reduction Rules
252.008
Rules Generally
252.009
Consultation and Coordination
252.010
Change of Administrators
252.011
Prohibition of Remuneration
252.031
License Required
252.032
License Application
252.033
Issuance and Renewal of License
252.034
License Fees
252.035
Denial, Suspension, or Revocation of License
252.036
Minimum Standards
252.037
Reasonable Time to Comply
252.038
Fire Safety Requirements
252.039
Posting
252.040
Inspections
252.041
Unannounced Inspections
252.042
Disclosure of Unannounced Inspections
252.043
Licensing Surveys
252.044
Reporting Violations
252.061
Emergency Suspension or Closing Order
252.062
Injunction
252.063
License Requirements
252.064
Civil Penalty
252.065
Administrative Penalty
252.066
Notice
252.067
Hearing
252.068
Notice and Payment of Administrative Penalty
252.069
Use of Administrative Penalty
252.070
Expenses and Costs for Collection of Civil or Administrative Penalty
252.071
Amelioration of Violation
252.0085
Restraint and Seclusion
252.091
Findings and Purpose
252.092
Appointment by Agreement
252.093
Involuntary Appointment
252.094
Fee
252.095
Emergency Assistance Fee
252.096
Reimbursement
252.097
Notification of Closure
252.098
Criminal Penalty for Failure to Notify
252.121
Authority to Receive Reports and Investigate
252.122
Notification of Duty to Report Abuse, Neglect, and Exploitation
252.125
Immediate Removal to Protect Resident
252.126
Confidentiality
252.132
Suit for Retaliation
252.133
Suit for Retaliation Against Volunteer, Resident, or Family Member or Guardian of Resident
252.151
Administration of Medication
252.152
Required Medical Examination
252.181
Definitions
252.182
Respite Care
252.183
Plan of Care
252.184
Notification
252.185
Inspections
252.186
Suspension
252.201
Definition
252.202
Computing Quality Assurance Fee
252.203
Patient Days
252.204
Reporting and Collection
252.205
Rules
252.206
Quality Assurance Fund
252.207
Reimbursement of Facilities
252.208
Invalidity
252.0311
Person Ineligible for License
252.0375
Early Compliance Review
252.0651
Application of Other Law

Accessed:
Jun. 5, 2024

§ 252.033’s source at texas​.gov