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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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:
The applicant, owners, operators, and employees of the boarding home facility meet the criminal history qualifications of section 5.15.089 of this article;
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;
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
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.
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:
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
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.
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.
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.
Except as provided in subsection (b), the department shall revoke any license issued to operate a boarding home facility if the director determines that:
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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;
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;
Records documenting the initial screening of potential residents and the quarterly individualized assessments of residents as required in section 5.15.081;
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;
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;
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
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.
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:
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.
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.
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.
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.
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 licensee commits an offense if the licensee allows any ad
valorem taxes, fees, fines, or penalties owed to the city in connection
with the boarding home facility to become delinquent.
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.
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;
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.
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:
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).
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.
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:
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.