(a) 
Each owner/operator of a boarding home facility must be responsible for maintaining the dwelling and premises in a clean and sanitary condition.
(b) 
Every boarding home facility must be kept in good repair, and so maintained as to promote the health, comfort, safety and well-being of residents.
(c) 
Interior walls, ceilings and floors must be capable of affording privacy and must be maintained free of holes, cracks, loose or deteriorated material, or any other condition that constitutes a hazard to the residents or is a harborage for insects, pests or vermin.
(d) 
Every window, exterior door and basement hatchway must be weathertight, watertight, insect and rodent-proof and must be kept in good working condition.
(e) 
Water closets, lavatories, and bathtubs or showers must be:
(1) 
Kept clean and in good repair and must be well-lighted and ventilated;
(2) 
Adequately supplied with toilet paper, soap, and hand towels for each bathroom; and
(3) 
Supplied with nonslip surfaces in bathtub or shower, and curtains or other safe enclosures for privacy.
(f) 
Each kitchen in a boarding home must:
(1) 
Be kept in a clean and sanitary condition;
(2) 
Have a food preparation area with a surface area that is smooth, impermeable, free of cracks and easily cleanable, that shall not be used for eating; and
(3) 
Have a refrigerator that is equipped with a thermometer and is maintained in an operational, clean and sanitary condition that is adequate to maintain foods at the required temperature.
(g) 
Each facility shall meet all applicable state and local sanitary codes.
(h) 
Each boarding home facility shall be equipped with a first aid kit as recommended by the American Red Cross.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
The water supply must be of safe, sanitary quality, suitable for use, and adequate in quantity and pressure. The water must be obtained from a water supply system approved by the Texas Commission on Environmental Quality (TCEQ).
(b) 
Every plumbing fixture, water pipe and waste pipe must be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions and properly connected to an approved sewage disposal system.
(c) 
Every boarding home facility utilizing well water must provide water samples at least annually to the permit issuing entity. If the sample results show coliform present, a resample must be taken with seven (7) days of receipt of the results.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
All garbage and refuse must be kept in watertight, covered containers. The garbage and refuse area must be kept in a clean and sanitary condition. A sufficient number of garbage receptacles must be provided by the boarding home. All garbage, trash and refuse must be removed from the premises frequently to prevent nuisance and unsightly conditions.
(b) 
Each owner/operator must be responsible for the extermination of any insects, rodents or other pests in the rooms occupied by residents, storage areas, attics or on the premises and yard.
(Ordinance 23-952 adopted 4/27/2023)
All linens and laundry shall be:
(1) 
Bagged or placed in a hamper before being transported to the laundry area;
(2) 
Properly identified to prevent loss; and
(3) 
Not be transported through, sorted, processed, or stored in kitchens, food preparation areas, or food storage areas, if soiled.
(Ordinance 23-952 adopted 4/27/2023)
Poisonous, toxic, and flammable materials shall:
(1) 
Be stored and maintained away from bed linens, towels, or kitchen equipment;
(2) 
Be prominently and distinctly labeled for easy identification of contents; and
(3) 
Not be used in a way that contaminates food equipment or utensils, or in a way that constitutes a hazard to employees or residents.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
After each usage, all eating and drinking utensils shall be thoroughly washed and sanitized in hot water containing a suitable soap or synthetic detergent and rinsed in clean hot water. In the event a mechanical dishwasher is used, dish detergent is required.
(b) 
All food and drink shall be:
(1) 
Clean, free from spoilage, pathogenic organisms, toxic chemicals, and other harmful substances;
(2) 
Prepared, stored, handled, and served so as to be safe for human consumption;
(3) 
Maintained at a temperature of 41 degrees Fahrenheit or below for foods subject to spoilage;
(4) 
Maintained at 140 degrees Fahrenheit or above at all times for hot foods ready to serve;
(5) 
Maintained in the freezer at a temperature of 0 degrees Fahrenheit or below for foods stored as frozen; and
(6) 
Stored in food containers that are appropriately labeled, dated, and protected from flies, insects, rodents, dust, and moisture.
(c) 
Meals provided by the facility shall be nutritionally balanced and shall provide the USDA recommended daily allowances of vitamins, minerals and calories.
(d) 
With the exception of service animals for persons with disabilities, birds, cats, dogs or other animals are not permitted in areas in which food is prepared, stored or where utensils are washed or stored.
(e) 
Meals shall be served:
(1) 
At least three (3) times per day;
(2) 
In sufficient quantity and quality to meet the nutritional needs of the residents;
(3) 
Daily at regular hours, with at least one hot meal per day;
(4) 
With no more than 14 hours between the beginning of the evening meal and the beginning of the morning meal; and
(5) 
With alternative selections for residents on medically prescribed diets.
(f) 
A time schedule of meals shall be posted daily.
(g) 
Employees or residents engaged in food handling shall:
(1) 
Observe sanitary methods, including hand washing as appropriate; and
(2) 
Not be assigned to preparing foods for others at the facility if carrying a disease that can be transmitted to others.
(h) 
Regardless of the number of residents, each boarding home facility shall hold a valid food handling permit issued by the applicable local or state regulator authority in the name of the owner/operator and for the specific boarding home facility.
(i) 
If preparing meals for residents, staff must have a food-handler's permit.
(j) 
Each boarding home facility shall maintain a minimum food and water supply sufficient for all residents as recommended by the American Red Cross.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
Each owner/operator of a boarding home facility must develop and implement policies and procedures for investigating and documenting injuries, incidents and unusual accidents that involve residents. Owners/operators must also establish policies and procedures necessary to ensure resident health and safety.
(1) 
Minimum requirements for the documentation of injuries, incidents or unusual accidents should include, but are not limited to:
(A) 
Date and time of the injury, incident or unusual accident occurred;
(B) 
Description of the injury, incident or unusual accident;
(C) 
Description of any medical or mental health treatment the resident received;
(D) 
Steps taken by the owner/operator to prevent future injuries, incidents or unusual accidents if a problem at the boarding home facility resulted in the injury, incident or unusual accident; and
(E) 
When the resident's legal guardian or legally authorized representative was notified about the injury, incident or unusual accident.
(2) 
Residents, the resident's guardian, or legally authorized representatives should be given access to the records as described in section 5.15.086(a) within 48 hours of requesting the records from the owner/operator.
(b) 
In addition to investigating and documenting injuries, incidents or unusual accidents, an owner/operator must report any allegations of abuse, neglect or exploitation of an adult age 65 or older or an adult with a disability to the state department of family and protective services. Failure to report suspected abuse, neglect or exploitation of an elderly adult or adult with a disability is a class A misdemeanor.
(1) 
Each owner/operator should ensure that each resident has access to a telephone 24 hours per day that is easily accessible and affords privacy for use by residents.
(2) 
The owner/operator shall ensure that no resident is harassed, retaliated against, threatened or intimidated at any time for making a report of abuse, neglect or exploitation.
(3) 
Owner/operators will provide each resident with a copy of the definitions of abuse, neglect or exploitation as outlined in chapter 48 of the Human Resources Code.
(4) 
Owner/operators will allow law enforcement personnel, emergency medical and fire personnel access to the boarding home facility when these professionals are responding to a call at the owner/operator's room and board facility.
(c) 
No operator or other employee of a boarding home facility shall provide services or engage in behavior that constitutes a financial conflict of interest, including:
(1) 
Borrowing from or loaning money to residents;
(2) 
Witnessing wills in which the operator or employee is a beneficiary;
(3) 
Co-mingling the resident's funds with the operator's or other residents' funds; or
(4) 
Becoming the guardian, conservator or power of attorney for a resident.
(d) 
If an owner/operator becomes the representative payee for a resident or assists a resident with general money management, the owner/operator shall:
(1) 
Maintain separate financial records for each resident for which the owner/operator is the representative payee for the entire period of time the owner/operator is the resident's representative payee and continue to maintain the resident's records for one year past the last calendar day the owner/operator is the resident's representative payee;
(2) 
Include in the records an itemized list of expenditures that the owner/operator has made on behalf of the resident, including the charges that are assessed by the owner/operator;
(3) 
Maintain receipts for all expenditures in addition to the itemized documentation;
(4) 
Develop a budget with the resident outlining routine expenditures and ensure that expenditures that are not routine are discussed with the resident before the resident's funds are expended; and
(5) 
The owner/operator will allow the resident, the resident's guardian, or legally authorized representative access to the resident's financial records that are maintained by the owner/operator within 48 hours of receiving a request.
(e) 
An owner/operator of a boarding home facility shall develop a service agreement with each resident and maintain a copy of the agreement signed by the resident.
(Ordinance 23-952 adopted 4/27/2023)
Assistance with self-administration of medication may be provided to adult residents who can identify their medication and know when their medication should be taken but require assistance with self-administration. Assistance with self-administration of medication may not be provided to minors.
(1) 
Assistance with self-administration of medication is limited to:
(A) 
Reminding the resident to take medication;
(B) 
Opening a container, removing medication from a container, and placing medication in a resident's hand or in/on a clean surface, such as a pill cup or medication reminder box, for the resident's self-administration; and
(C) 
Reminding the resident when a prescription needs to be refilled.
(2) 
All residents' medication must be stored in a locked area. The boarding home facility must provide a central locked storage or individual locked storage areas for each resident's medication.
(A) 
If the boarding home facility uses a central medication storage area, a boarding home employee must be available to provide access at all times and each resident's medication must be stored separately from other residents' medications within the storage area.
(B) 
If a resident's medication requires refrigeration, the boarding home facility must provide a refrigerator with a designated and locked storage area or a refrigerator inside a locked medication room.
(C) 
Medications labeled for "external use only" must be stored separately within the locked area.
(D) 
Poisonous substances must be labeled, stored safely, and stored separately from medications within a locked area.
(E) 
If a boarding home facility stores controlled drugs, the facility must adopt and enforce a written policy for preventing the diversion of the controlled drugs.
(3) 
Medication that remains in the boarding home facility after a resident is no longer lodging in the facility must be properly disposed of by the owner or operator in accordance with applicable laws.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
Each owner/operator and employee is subject to the following initial training requirements prior to contact with residents:
(1) 
Employer rules and policies;
(2) 
Recognizing and reporting abuse, neglect and exploitation;
(3) 
Resident's rights, including all applicable rights from the following:
(A) 
Texas Human Resource Code, chapter 102, rights of the elderly, as amended;
(B) 
Texas Human Resource Code, chapter 112, developmental disabilities, as amended;
(C) 
Texas Property Code, chapter 301, fair housing practices, as amended;
(D) 
Texas Property Code, chapter 92, residential tenancies, as amended.
(4) 
Policies and procedures for contacting emergency personnel when a resident's health or safety is at risk;
(5) 
Complaint process specific to the city and the boarding home facility;
(6) 
Assistance with self-administration of medication;
(7) 
Prevention of injuries, incidents and unusual accidents;
(8) 
Emergency, evacuation and disaster plan; and
(9) 
Service specific orientation that includes, but is not limited to:
(A) 
Nutrition, including meal preparation and dietary needs;
(B) 
Sanitation;
(C) 
Laundry; and
(D) 
Housework.
(b) 
Each owner/operator and employee is subject to the following ongoing training requirements:
(1) 
Updates and changes in any policies and procedures within ten (10) days of the owner, operator or employee becoming aware of the change.
(2) 
Orientation specific to the needs of each new resident within one (1) day of the resident moving into the home.
(3) 
Orientation specific to the needs of a resident whose needs have changed due to injury, illness, hospitalization or other circumstances which affect the resident's needs within one day of the owner, operator, or employee becoming aware of the change.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
A boarding home facility owner/operator's license to operate a boarding home may be denied, revoked, suspended, or denied for renewal if the owner/operator has been convicted of a criminal offense listed in subsection (c) or (d) of this section, or if the owner/operator has in its employ any person convicted of a criminal offense listed in subsection (c) or (d).
(b) 
The owner/operator must complete any state or federal request and release forms that are required to obtain a criminal history report for the owner/operator. In addition to the permit fee, the owner/operator will provide funding to the city in a manner specified by the city to cover any fees imposed by state or federal agencies for the report.
(c) 
The following histories will disqualify an owner/operator from obtaining a permit to operate a boarding home or will serve as a bar to being employed by a boarding home facility:
(1) 
An offense under chapter 19, Penal Code (criminal homicide);
(2) 
An offense under chapter 20, Penal Code (kidnapping and unlawful restraint);
(3) 
An offense under section 21.02, Penal Code (continuous sexual abuse of young child or children), or section 21.11, Penal Code (indecency with a child);
(4) 
An offense under section 22.011, Penal Code (sexual assault);
(5) 
An offense under section 22.02, Penal Code (aggravated assault);
(6) 
An offense under section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual);
(7) 
An offense under section 22.041, Penal Code (abandoning or endangering a child);
(8) 
An offense under section 22.08, Penal Code (aiding suicide);
(9) 
An offense under section 25.031, Penal Code (agreement to abduct from custody);
(10) 
An offense under section 25.08, Penal Code (sale or purchase of a child);
(11) 
An offense under section 28.02, Penal Code (arson);
(12) 
An offense under section 29.02, Penal Code (robbery);
(13) 
An offense under section 29.03, Penal Code (aggravated robbery);
(14) 
An offense under section 21.08, Penal Code (indecent exposure);
(15) 
An offense under section 21.12, Penal Code (improper relationship between educator and student);
(16) 
An offense under section 21.15, Penal Code (improper photography or visual recording);
(17) 
An offense under section 22.05, Penal Code (deadly conduct);
(18) 
An offense under section 22.021, Penal Code (aggravated sexual assault);
(19) 
An offense under section 22.07, Penal Code (terroristic threat);
(20) 
An offense under section 33.021, Penal Code (online solicitation of a minor);
(21) 
An offense under section 34.02, Penal Code (money laundering);
(22) 
An offense under section 35A.02, Penal Code (Medicaid fraud);
(23) 
An offense under section 42.09, Penal Code (cruelty to animals);
(24) 
An offense under section 30.02, Penal Code (burglary);
(25) 
An offense under chapter 31, Penal Code (theft), that is punishable as a felony; or
(26) 
A conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed in this subsection.
(d) 
A person may not own/operate a boarding home or be employed in a position the duties of which involve direct contact with a resident in a boarding home before the fifth anniversary of the date the person is convicted of any felony offense not listed in subsection (c) or any of the following non-felony offenses:
(1) 
An offense under section 22.01, Penal Code (assault), that is punishable as a class A misdemeanor;
(2) 
An offense under section 32.45, Penal Code (misapplication of fiduciary property or property of a financial institution), that is punishable as a class A misdemeanor;
(3) 
An offense under section 32.46, Penal Code (securing execution of a document by deception), that is punishable as a class A misdemeanor;
(4) 
An offense under section 37.12, Penal Code (false identification as peace officer);
(5) 
An offense under section 42.01(a)(7), (8), or (9), Penal Code (disorderly conduct); or
(6) 
A conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed in this subsection.
(e) 
The owner/operator must ensure that all employees, including volunteers who are not residents, have had a background check of conviction records, pending charges and disciplinary board decisions completed within the past two (2) years, and is repeated every year thereafter, and that the individual is not disqualified under the provisions of subsections (c) and (d) of this section. The owner/operator will immediately discharge any employee or volunteer whose criminal history check reveals conviction of a crime that bars employment or volunteer service.
(Ordinance 23-952 adopted 4/27/2023)
(a) 
Owners/operators of a boarding home facility or their designee will complete and document an annual assessment and conduct periodic monitoring to ensure that a resident is capable of self-administering medication and completing basic elements of personal care as listed in subsections (b) and (c). The assessment will be used as a tool to determine if the needs of the resident can be addressed in a boarding home facility of if the resident needs personal care services and/or medication administration that cannot be provided by the boarding home facility.
(b) 
Elements of the self-administration of medication to be assessed by the boarding home facility owner/operator or designee include the ability to perform each of the following tasks with little assistance:
(1) 
Identify the name of the medication;
(2) 
Providing a reason for the medication (the owner/operator cannot force the resident to disclose a health condition that is the basis for the medication if the resident refuses);
(3) 
Distinguishing color or shape;
(4) 
Preparing correct number of pills (dosage);
(5) 
Confirming the time to take medication(s); and
(6) 
Reading labels.
(c) 
Elements of personal care to be assessed by the boarding home facility owner/operator include the resident's ability to:
(1) 
Eat independently;
(2) 
Bathe without assistance;
(3) 
Dress without assistance; and
(4) 
Move and transfer independently;
(d) 
As a result of an assessment, if an owner/operator finds that a resident is in a state of possible self-neglect due to no longer being able to perform basic elements of personal care as listed in subsection (c) and believes that a higher level of care is needed, the owner/operator is responsible for the following:
(1) 
Contacting DFPS by phoning the statewide intake division at 1-800-252-5400;
(2) 
Notifying the resident's guardian or legally authorized representative; and
(3) 
Contacting the appropriate health or human services authority to advise that the resident requires services beyond what can be provided by the boarding home facility.
(e) 
A state of self-neglect does not exist if the resident receives outside professional services that meet the resident's need for personal care or self-administration of medication. In these cases, the resident can remain in the boarding home facility provided that all needs for personal care and self-administration of medication are met.
(Ordinance 23-952 adopted 4/27/2023)