(a)
The purposes of this article are to ensure that:
(1)
Residents of boarding home facilities live in safe, sanitary,
and decent housing;
(2)
These residents are not abused, neglected, or exploited by the
owners, operators, or employees of boarding home facilities;
(3)
The city can identify and facilitate appropriate responses for
residents who may require special assistance during an emergency or
at any other time.
(b)
The city is accomplishing those purposes by implementing standards
for construction, maintenance, reporting, recordkeeping, education,
and care for the protection of the healthy, safety, and welfare of
residents of boarding home facilities. These standards are implemented
pursuant to the city's home rule authority under article XI, section
5 of the Texas Constitution and the authority to license lawful businesses
subject to the city's police power granted by sections 54.004 and
215.075 of the Texas Local Government Code.
(c)
The city council also intends that this article fully comply
with the Federal Fair Housing Amendments Act of 1988 ("FHAA"), as
amended, the Americans with Disabilities Act of 1990 ("ADA"), as amended,
and all other applicable state and federal legislation. It is the
express intent of the city council that this article be construed
in a manner consistent with the FHAA, the ADA, and all other applicable
state and federal legislation at all times.
(Ordinance 23-952 adopted 4/27/2023)
Unless the context clearly indicates otherwise, in this article:
Are defined in the Texas Human Resource Code section 48.002
as the following:
Abuse. The negligent
or willful infliction of injury, unreasonable confinement, intimidation,
or cruel punishment with resulting physical or emotional harm or pain
to an elderly or disabled person by the person's caretaker, family
member, or other individual who has an ongoing relationship with the
person; or the sexual abuse of an elderly or disabled person, including
any involuntary or nonconsensual sexual conduct that would constitute
an offense under section 21.08, Penal Code (indecent exposure) or
chapter 22, Penal Code (assaultive offenses), committed by the person's
caretaker, family member, or other individual who has an ongoing relationship
with the person.
Exploitation. The illegal
or improper act or process of a caretaker, family member, or other
individual who has an ongoing relationship with the elderly or disabled
person using the resources of an elderly or disabled person for monetary
or personal benefit, profit, or gain without the informed consent
of the elderly or disabled person.
Neglect. The failure
to provide for one's self the goods or services, including medical
services, which are necessary to avoid physical or emotional harm
or pain or the failure of a caretaker to provide such goods or services.
Assisting a resident by reminding the resident to take medication,
opening and removing medications from a container, placing medication
in a resident's hand or in/on a clean surface such as a pill cup or
a medication reminder box and reminding the resident when a prescription
medication needs to be refilled.
An establishment that furnishes, in one or more buildings,
lodging two to three or more persons with disabilities or elderly
persons who are unrelated to the owner of the establishment by blood
or marriage; and provides community meals, light housework, meal preparation,
transportation, grocery shopping, money management, laundry services,
or assistance with self-administration or medication but does not
provide personal care services to those persons.
The building and permits department of the City of Humble
or any other department designated by the city manager to enforce
and administer this article.
A person who is 65 years of age or older.
An event that resulted in a change in the resident's physical
or mental status that occurred in the boarding home facility or on
the grounds of the boarding home facility that requires intervention
by a private or public entity responsible for physical or mental health
services, or an event that requires the facility taking resident safety
and protection measures including: An allegation of abuse, neglect,
or exploitation; death; a resident's absence from the facility when
circumstances place the resident's healthy, safety or welfare at risk;
fire; criminal acts; and altercations between residents.
A person who is the owner/operator of a boarding home facility
in which a boarding home facility license has been issued; each individual
listed as an owner or operator of the boarding home facility on the
application for a boarding home facility license; each individual
who has an ownership interest in the corporation or other legal entity
owning or operating the boarding home facility, regardless of whether
the individual's name or signature appears on the boarding home facility
license application; and each officer of the corporation or other
legal entity owning or operating a boarding home facility, regardless
of whether the individual's name or signature appears on the boarding
home facility license application.
A person with a mental, physical, or developmental disability
that substantially impairs the person's ability to provide adequately
for the person's care or protection and who is 18 years of age or
older; or under 18 years of age and who has had the disabilities of
minority removed.
Assistance with meals, dressing, movement, bathing, or other
personal needs or maintenance; the administration of medication by
a person licensed to administer medication or the assistance with
or supervision of medication; or general supervision or oversight
of the physical and mental well-being of a person who needs assistance
to maintain a private and independent residence in an assisted living
facility or who needs assistance to manage the person's personal life,
regardless of whether a guardian has been appointed for the person.
A person who is residing in a boarding home facility.
(Ordinance 23-952 adopted 4/27/2023)
