Tex. Health & Safety Code Section 252.093
Involuntary Appointment


(a)

The department may request the attorney general to bring an action on behalf of the state for the appointment of a trustee to operate a facility if:

(1)

the facility is operating without a license;

(2)

the department has suspended or revoked the facility’s license;

(3)

license suspension or revocation procedures against the facility are pending and the department determines that an imminent threat to the health and safety of the residents exists;

(4)

the department determines that an emergency exists that presents an immediate threat to the health and safety of the residents; or

(5)

the facility is closing and arrangements for relocation of the residents to other licensed facilities have not been made before closure.

(b)

A trustee appointed under Subsection (a)(5) may only ensure an orderly and safe relocation of the facility’s residents as quickly as possible.

(c)

After a hearing, a court shall appoint a trustee to take charge of a facility if the court finds that involuntary appointment of a trustee is necessary.

(d)

If possible, the court shall appoint as trustee an individual whose background includes intellectual disability service administration.

(e)

An action under this section must be brought in Travis County or the county in which the violation is alleged to have occurred.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 192, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0791, eff. April 2, 2015.

Source: Section 252.093 — Involuntary Appointment, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­252.­htm#252.­093 (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

§ 252.093’s source at texas​.gov