(a) 
A person commits an offense if the person owns or operates a boarding home facility in the city without a valid license issued under this article.
(b) 
It is a defense to prosecution under this article if a person operates a boarding home facility while an application under section 5.15.005 is pending.
(c) 
It is a defense to prosecution under this section if a person operates a facility listed in section 5.15.004 of this article.
(Ordinance 23-952 adopted 4/27/2023)
This article does not apply to the following:
(1) 
Home and community support services licensed under chapter 142 of the Texas Health and Safety Code, as amended.
(2) 
Convalescent and nursing homes and related institutions licensed under chapter 242 of the Texas Health and Safety Code, as amended.
(3) 
Continuing care facilities licensed under chapter 246 of the Texas Health and Safety Code, as amended.
(4) 
Assisted living facilities licensed under chapter 247 of the Texas Health and Safety Code, as amended.
(5) 
Intermediate care facilities for the mentally retarded licensed under chapter 252 of the Texas Health and Safety Code, as amended.
(6) 
A person that provides home health, hospice, or personal assistance services only to persons enrolled in a program funded wholly or partly by a state agency with jurisdiction over mental health and mental disability and monitored by that state agency or its designated local authority in accordance with standards set by that agency.
(7) 
An establishment conducted by or for persons who have a sincere religious belief in providing facilities to care and treat the sick by depending exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules of this article.
(8) 
A hotel as defined by section 156.001 of the Texas Tax Code, as amended.
(9) 
A retirement community as defined by section 11.18 of the Texas Tax Code, as amended.
(10) 
A child-care facility as defined by section 42.002 of the Texas Human Resources Code, as amended.
(11) 
A family violence shelter center as defined by section 51.002 of the Texas Human Resources Code, as amended.
(Ordinance 23-952 adopted 4/27/2023)
To obtain a license to operate a boarding home facility, a person must submit an application to the department on a form provided for that purpose. The applicant must be the owner or operator of the boarding home facility. If the owner or operator is not an individual, an authorized officer or agent of the owner or operator must file the form. The application must contain the following information before it is considered complete:
(1) 
The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of the applicant. The street address may not be the address of the boarding home facility unless the applicant actually resides full-time at the boarding home facility.
(2) 
The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and position of the authorized officer or agent filing the form on behalf of the applicant, if the applicant is not an individual. The street address may not be the address of the boarding home facility unless the authorized officer or agent actually resides full-time at the boarding home facility.
(3) 
The form of business of the applicant; the name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of a high managerial agent of the business; and, if the business is a legal entity, such as a corporation or association, a copy of the documents establishing the business.
(4) 
The street address and telephone number of the boarding home facility.
(5) 
The name, street address, mailing address, e-mail address, and telephone number of a person or persons to contact in an emergency as required by section 5.15.016 of this article.
(6) 
Documentary evidence of payment of ad valorem taxes, fees, fines, and penalties owed to the city in connection with the boarding home facility.
(7) 
The names, street addresses, mailing addresses, e-mail addresses, telephone numbers, legible copies of the drivers' licenses or other official state or federal identification cards, and dates of birth of any owners, operators, or employees of the boarding home facility other than the applicant. The street address may not be the address of the boarding home facility, unless the owner, operator, or employee actually resides full-time at the boarding home facility.
(8) 
Completed state or federal request and release forms authorizing the city to obtain a criminal history report on each owner and operator of the boarding home facility.
(9) 
The maximum number of residents that will reside at the boarding home facility.
(10) 
The services to be offered or provided to the residents of the boarding home facility.
(11) 
If the boarding home facility has one or more residents with a disability, a list of disabilities of the residents.
(12) 
If the boarding home facility has one or more residents who are recovering from an addiction to alcohol or a controlled substance but are not currently using alcohol or the controlled substance, a document that describes the applicant's, owner's, or operator's plan for ensuring that the residents continue to refrain from using alcohol or the controlled substance, including all rules by which residents must abide, as required by section 5.15.086 of this article.
(13) 
A statement that, by filing the application, the applicant swears or affirms under penalty of perjury that, to the best of the applicant's knowledge, all information contained in the application is true and correct and that the application is complete and includes all information required to be disclosed under this section.
(14) 
Such additional information as the applicant desires to include or that the city manager or the city manager's designee deems necessary to aid in the determination of whether the requested license should be granted.
(Ordinance 23-952 adopted 4/27/2023)
The licensee shall notify the building and permits department within ten (10) days after any material change in the information contained in the application for a license to operate a boarding home facility, including any change in ownership or operation of the property and any new disabilities served by the boarding home facility.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
The fee for a license to operate a boarding home facility shall be as set forth in the fee schedule in appendix A of this code.
(b) 
No refund of a license fee will be made.
(c) 
An applicant for a license may file an application with the city manager seeking a waiver or reduction of the annual license fee if the boarding home facility serves one or more persons with a disability and payment of the fee would result in substantial financial hardship to the applicant. The application must include the following information before it will be considered complete:
(1) 
The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of the applicant.
(2) 
The number of residents of the boarding home facility with a disability.
(3) 
A list of the disabilities of the residents and the number of residents with each disability.
(4) 
The services provided by the boarding home facility to the residents.
(5) 
An explanation of the nature and severity of the financial hardship to the applicant if the fee were to be paid.
(6) 
A copy of the balance sheets and income statements for the boarding home facility, or equivalent documents, establishing the applicant's financial condition for the last three (3) years in accordance with generally accepted accounting principles, unless the boarding home facility has been open for less than three years, in which case it must provide a copy of those documents during the time the facility has been in operation.
(7) 
A statement that, by filing the application, the applicant swears or affirms under penalty of perjury that, to the best of the applicant's knowledge, all information contained in the application is true and correct and that the application is complete and includes all information required to be disclosed under this article.
(8) 
Such additional information as the applicant desires to include or that the city manager deems necessary to aid in the determination of whether the requested waiver or reduction should be granted.
(d) 
The city manager may waive or reduce the annual license fee if the city manager, after reviewing the complete application, finds that the applicant provides services to one or more persons with a disability and payment of the fee would result in substantial financial hardship to the applicant.
(e) 
An applicant may appeal a decision of the city manager under this section to the city council by filing a written notice with the city secretary within ten (10) days after the date of the decision of the city manager. The city secretary shall place the appeal on the next regularly scheduled meeting of the city council. The city council shall use the same standard required for the city manager. The city council may affirm, reverse, or modify the decision of the city manager. Appeal to the city council constitutes the final administrative remedy.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
Upon payment of all required fees and the submission of a complete application, the department shall issue a license to operate a boarding home facility to the applicant if the department determines that:
(1) 
The applicant has complied with all requirements for issuance of the license;
(2) 
The applicant, owners, operators, and employees of the boarding home facility meet the criminal history qualifications of section 5.15.089 of this article;
(3) 
The applicant, owners, operators, or employees of the boarding home facility do not own or operate another licensed boarding home facility in the city for which the license is currently suspended or has been revoked;
(4) 
The applicant has not made false statement as to a material matter in the application for a license;
(5) 
The condition and use of the boarding home facility comply with the minimum standards of this code of the city and the standards in this article applicable to the property; and
(6) 
The applicant, owners, and operators do not owe the city any ad valorem taxes, fees, fines or penalties.
(b) 
If the building and permits department determines that the requirements of subsection (a) have not been met the department shall deny the license.
(c) 
If the building and permits department determines that an applicant should be denied a license, the department shall notify the applicant in writing that the application is denied and include in the notice the reason for the denial and a statement informing the applicant of the right of appeal.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
The building and permits department may suspend a boarding home facility license for a period not to exceed 90 days if the department finds that the licensee or an employee of the boarding home facility has:
(1) 
Failed to comply with any provision of this article, any other ordinance, or any state or federal law applicable to the operation of a boarding home facility; or
(2) 
Intentionally or knowingly impeded or refused to allow an inspection by the department authorized under this article.
(b) 
A boarding home facility for which the license has been suspended may not admit any new residents during the time the license is suspended.
(c) 
In lieu of suspending a license for a boarding home facility, the department, at its discretion, may enter into a good neighbor agreement with a licensee if the department determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a suspension, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this article.
(d) 
The department shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the licensee's right to appeal.
(e) 
A licensee whose license is suspended may not be granted a license to operate additional boarding home facilities during the period of suspension.
(f) 
A licensee commits an offense if he/she operates or owns a boarding home facility that admits new residents during the time that the suspension of the license is in effect.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
Except as provided in subsection (b), the department shall revoke any license issued to operate a boarding home facility if the director determines that:
(1) 
The licensee fails to meet the criminal history qualifications of section 5.15.089 of this article or employs a person at the facility who fails to meet the criminal history qualifications;
(2) 
The licensee intentionally made a false statement as to a material matter in the application or in a hearing concerning the license;
(3) 
The licensee failed to pay a fee required by this article at the time it was due; or
(4) 
A cause for suspension under section 5.15.009 has occurred and the license has already been suspended once within the preceding 12 months.
(b) 
In lieu of revoking a license for a boarding home facility, the department, at its discretion, may enter into a good neighbor agreement with a licensee if the department determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a revocation, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this article.
(c) 
Before revoking a license under subsection (a), the department shall notify the licensee in writing by certified mail, return receipt requested, that the license is being considered for revocation. The notice must include the reason for the proposed revocation, action the licensee must take to prevent the revocation, and a statement that the licensee has ten (10) days to comply with the notice.
(d) 
If, after ten (10) days from the date the noticed required in subsection (c) was sent or delivered, the licensee has not complied with required actions listed in the notice, the department shall revoke the license and notify the licensee in writing of the revocation. The notice must include the reason for the revocation, and a statement informing the licensee of the right of appeal.
(e) 
If a license has been revoked, the licensee has ten (10) days to relocate the residents of the facility and cease operations. An appeal of the revocation does not suspend or toll this deadline.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
If the department denies issuance or renewal of a license or suspends or revokes a license issued under this article, the action is final unless the licensee files an appeal, in writing, within ten (10) days with the city manager.
(b) 
After reviewing the material facts and basis for the department's decision, the city manager may affirm, reverse, or modify the decision of the department.
(c) 
An applicant may appeal a decision of the city manager by filing a written notice with the city secretary within ten (10) days after the date of the decision by the city manager. The city secretary shall place the appeal on the next regularly scheduled meeting of the city council. The city council shall use the same standard required for the city manager. The city council may affirm, reverse, or modify the decision of the city manager. Appeal to the city council constitutes the final administrative remedy.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
A license to operate a boarding home facility expires one year after the date of issuance.
(b) 
A licensee shall apply for renewal at least 30 days before the expiration of the license on a form provided by the department. The licensee shall update the information contained in the original license application required under section 5.15.005 of this article, or any subsequent renewals under this section. If any of the information has changed. The licensee shall sign a statement affirming that there is either no change in the information contained on the original license application and any subsequent renewal applications, or that any information that has been updated is accurate and complete.
(c) 
The department shall follow the procedures set forth in section 5.15.008 of this article when determining whether to renew a license.
(Ordinance 23-952 adopted 4/27/2023)
A license to operate a boarding home facility is not transferable to another owner, operator, or location.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
The licensee shall maintain the records listed in subsection (b) either at the boarding home facility to which the records pertain or at a single location within the city. The licensee shall make those records available for inspection by the department or a peace officer at reasonable times upon request for purposes of administering this article.
(b) 
Records that must be maintained by the licensee include, but are not limited to:
(1) 
Current records of ownership of the property where the boarding home facility is located;
(2) 
A copy of any current good neighbor agreement as described in sections 5.15.009 and 5.15.010;
(3) 
Records demonstrating compliance with applicable laws and regulations as required by section 5.15.018;
(4) 
Records documenting that each resident has received training on the emergency evacuation plan of the boarding home facility at least two (2) times per calendar year as required by section 5.15.056;
(5) 
Records documenting that each resident was shown how to use all emergency exits from the facility within 24 hours of arrival at the facility, as required by section 5.15.081;
(6) 
Records documenting the initial screening of potential residents and the quarterly individualized assessments of residents as required in section 5.15.081;
(7) 
Records documenting whether residents have taken, or been reminded to take, their medication, as required by section 5.15.086;
(8) 
Records documenting injuries, incidents, and unusual accidents that involve residents, as required by section 5.15.086;
(9) 
Records documenting any allegations of abuse, neglect, or exploitation of a resident, as required by section 5.15.086;
(10) 
Financial records for each resident for which the licensee is the representative payee, as required by section 5.15.086;
(11) 
A copy of the service agreement signed by each current resident, as required by section 5.15.086;
(12) 
Records documenting required in-service education of boarding home facility staff;
(13) 
Records documenting annual assessment and periodic monitoring of current residents to determine if residents are capable of self-administering medication and completing basic elements of personal care, as required by section 5.15.090;
(14) 
A roll of current residents, including their date of arrival, assigned room, and the name, address, and telephone number of the person or entity that referred them to the facility;
(15) 
A roll of former residents, including their date of departure, and the name, address, and telephone number of the person or entity in control of the residence to which they moved (if known); and
(16) 
Any other records deemed necessary by the department for the administration and enforcement of this article.
(c) 
Except as otherwise provided, a licensee shall maintain a record that concerns a resident for three years after the resident no longer resides at the boarding home facility.
(d) 
Except as otherwise provided, a licensee shall maintain a record that does not concern a resident for three years.
(Ordinance 23-952 adopted 4/27/2023)
The licensee shall prominently and conspicuously post for display in a public area inside the boarding home facility that is readily available to residents, the operator, employees, and visitors the following:
(1) 
The license issued under this article to operate the boarding home facility. The license must be presented upon request to a representative of the department or to a peace officer for examination.
(2) 
A sign prescribed by the department specifying how complaints may be registered with the city.
(3) 
A notice in a form prescribed by the department stating that inspection and related reports are available at the facility for public inspection and providing a telephone number that may be used to obtain information concerning the facility.
(4) 
A copy of the most recent inspection report relating to the facility by the city or a concise and accurate summary of that inspection report.
(5) 
A notice in a form prescribed by the department that lists the name, location and contact information for:
(A) 
The closest local public health services agency in the proximity of the facility; and
(B) 
A local organization or entity that represents, advocates, or serves elderly persons or persons with disabilities, including any related toll-free contact information for reporting emergencies to the organization or entity.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
The licensee shall provide the department with the name, street address, mailing address, e-mail address, and telephone number of a person or persons who can be contacted 24 hours a day, seven days a week in the event of an emergency condition on the property where the boarding home facility is located.
(b) 
The licensee shall notify the department within five (5) days after any change in the emergency response information.
(c) 
The licensee, or an authorized agent, must arrive at the property within one hour after a contact person named under this section is notified by a city employee or emergency response personnel that an emergency condition has occurred on the property.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
The following inspections shall be required:
(1) 
A boarding home facility must pass all required inspections.
(2) 
The licensee shall keep a current file of reports and other documentation on site that is needed to demonstrate compliance with applicable ordinances, laws, and regulations. Inspection records must be signed and dated by the appropriate authority and there must be no pending corrective actions.
(3) 
The following inspections are required:
(A) 
Licensing inspection;
(B) 
Annual licensing renewal inspection;
(C) 
Annual fire inspection;
(D) 
Annual kitchen inspection for a boarding home facility that provides meal preparation;
(E) 
A gas pipe pressure test performed every three years by the local gas company or a licensed plumber for a boarding home facility that receives natural gas service;
(F) 
Annual inspection of liquefied or natural gas systems performed by an inspector certified by the state railroad commission for a boarding home facility with a liquefied natural gas system.
(b) 
The department may inspect any boarding home facility for the purpose of ascertaining whether violations of this article or any other city ordinances exist. The department is authorized at a reasonable time to inspect:
(1) 
The exterior of a structure and the surrounding premises; and
(2) 
The interior of a structure if the permission of the owner, occupant, or person in control is given or a search warrant is obtained.
(c) 
If the owner, occupant, or person in control denies permission to search any part of the interior or exterior of the structure or the surrounding premises, the department may suspend the license to operate a boarding home facility in accordance with section 5.15.009(a)(2).
(d) 
Whenever a boarding home facility is inspected by the department and a violation of this code is found, the building or premises will, after the expiration of any time limit for compliance given in the notice or order issued because of the violation, be reinspected by the department to determine that the violation has been eliminated.
(e) 
The licensee shall pay $50.00 to the city for each reinspection after the first reinspection by the department that must be conducted before the violation is determined to be eliminated.
(Ordinance 23-952 adopted 4/27/2023)
Before September 30th of each year, the department shall submit a report to the Texas Health and Human Services Commission. The report must contain the following information:
(1) 
The total number of boarding home facilities licensed by the city during the preceding state fiscal year.
(2) 
The total number of boarding home facility applications for which licenses were denied, including a summary of the causes for denial.
(3) 
The total number of boarding home facility licenses that were active on August 31st of the preceding state fiscal year.
(4) 
The total number of residents housed in each boarding home facility reported.
(5) 
The total number of inspections conducted by the city at each boarding home facility.
(6) 
The total number of licenses suspended or revoked as a result of an inspection.
(7) 
A summary of the outcome for any residents displaced by suspension or revocation of a license.
(Ordinance 23-952 adopted 4/27/2023)
The city may contract the administration and enforcement of this article to another government entity by interlocal agreement. In the event that any section or provision of this article is in conflict with those sections or provisions of the other government entity that are otherwise substantially similar, the more stringent section or provision shall apply and be enforced.
(Ordinance 23-952 adopted 4/27/2023)