(a)
The purpose of this article is to implement the provisions of chapter 260, Texas Health and Safety Code, entitled "boarding home facilities," as amended, which allows the city to establish regulations for the protection of the health and safety of residents of boarding home facilities. It is the intent and purpose of the city to administer and enforce this article to ensure the health, safety and welfare of boarding home facility residents by establishing standards for construction, maintenance, reporting, recordkeeping, education, and training for owners, operators and employees 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 or permit lawful businesses subject to the city's police power granted by sections 54.004 and 215.075 of the Texas Local Government Code.
(b)
The city intends that this article fully comply with the Federal
Fair Housing Amendments Act of 1988 ("FHAA"), the Americans with Disabilities
Act of 1990 ("ADA"), and the Americans with Disabilities Amendments
Act of 2008, and all other applicable state and federal legislation.
It is the express intent of the city 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 1374-2023 adopted 4/11/2023)
Unless the context clearly indicates otherwise, in this article:
Abuse.
(1)
The negligent or willful infliction of injury, unreasonable
confinement, intimidation, or cruel punishment with resulting physical
or emotional harm or pain to a resident by the person's caretaker,
family member, or other individual who has an ongoing relationship
with the person; or
(2)
Sexual abuse of a resident, including any involuntary or nonconsensual
sexual conduct that would constitute an offense under section 21.08
of the Texas Penal Code (indecent exposure), as amended, or chapter
22 of the Texas Penal Code (assaultive offenses), as amended, committed
by the person's caretaker, family member or other individual who has
an ongoing relationship with the person.
Assistance with self-administration of medication.
(1)
Assisting a resident by reminding the resident to take medication;
(2)
Opening and removing medications from a container;
(3)
Placing medication in a resident's hand or in or on a clean
surface such as a medication reminder box; and
(4)
Reminding a resident when a prescription medication needs to
be refilled.
Boarding home facility.
An establishment that:
(1)
Furnishes, in one or more buildings, lodging to three or more
elderly and/or disabled persons who are unrelated to the owner of
the establishment by blood or marriage; and
(2)
Provides community meals, light housework, meal preparation,
transportation, grocery shopping, money management, laundry services,
or assistance with self-administration of medication to persons/residents
who are capable of feeding, dressing, moving, self-evacuating, bathing
and attending to other personal needs or maintenance without assistance;
and
(3)
Does not provide personal care services to persons/residents.
Conviction.
A conviction in a federal court or a court of any state or
foreign nation or political subdivision of a state or foreign nation
that has not been reversed, vacated, or pardoned. "Conviction" includes
disposition of charges against a person by community supervision,
including probation and deferred adjudication.
Department.
The department designated by the city manager to enforce
and administer this article.
Direct threat.
A significant risk to the health or safety of others that
cannot be eliminated by a modification of policies, practices, or
procedures, or by the provision of auxiliary aids or services.
Director.
The person designated by the city manager to enforce and
administer this article and includes representatives, agents, or department
employees designated by the director.
Disability.
A disability as defined in 42 U.S.C. § 12102, as
amended.
Employee.
A person who performs caretaking duties or regularly works
in a boarding home facility.
Exploitation.
The illegal or improper act or process of an owner, operator,
employee, caretaker, family member, or other individual who has an
ongoing relationship with the resident using the resources of a resident
for monetary or personal benefit, profit, or gain without the informed
consent of the resident.
Injury, incident, or unusual accident.
An event that resulted in a change in resident's physical
or mental status that requires intervention by a private or public
entity responsible for medical or mental health services or an event
that requires the facility to take safety and protection measures
for the resident or others. This term includes, but is not limited
to, the following:
(1)
An allegation of abuse, neglect, or exploitation;
(3)
A resident's unexplained absence from the boarding home facility.
(6)
Fights between residents.
Neglect.
The failure of a resident or permit holder to provide goods
or services, including medical services that are necessary to avoid
physical or emotional harm or pain.
Operator.
The person in control of a boarding home facility.
Owner.
An individual who has an ownership interest in a corporation
or other legal entity operating a boarding home facility or the owner
of the real property where a boarding home facility is located.
Permit holder.
(1)
A person in whose name a boarding home facility permit has been
issued;
(2)
Each individual listed as an owner or operator of the boarding
home facility on the application for a boarding home facility permit;
(3)
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 permit application; and
(4)
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 permit application.
Personal care services.
(1)
Assistance with meals, dressing, movement, bathing, or other
personal needs or maintenance;
(2)
The administration of medication by a person licensed to administer
medication or the assistance with or supervision of medication; or
(3)
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.
Resident.
A person who is residing in a boarding home facility.
Sleeping room.
An area used by a resident for sleeping containing a bed
and does not include a bathroom, kitchen, living area or other open
space area.
(Ordinance 1374-2023 adopted 4/11/2023)
The director shall implement and enforce this article and may
by written order establish such rules, regulations, or procedures,
not inconsistent with this article or other city ordinances, rules,
or regulations, or any county, state, or federal laws or regulations,
as the director determines are necessary to discharge any duty under
or to affect the policy of this article.
(Ordinance 1374-2023 adopted 4/11/2023)
(a)
Regardless of a boarding home facility's status, a person who
violates any provision of this article, or who fails to perform a
duty required by this article, commits an offense.
(b)
An owner, operator, employee, or other person in control of
a permitted or unpermitted boarding home commits an offense if he
or she knowingly operates an unsafe facility that represents an immediate
threat to the health or safety of a resident, including a situation
that has caused, or is likely to cause, serious injury, harm, impairment,
or death to a resident.
(c)
An owner, operator, employee, or volunteer shall not operate
a boarding home facility in a manner that results in illegal or nuisance
activities including, but not limited to, disturbance of the peace,
illegal drug activity, harassment of passersby, public urination,
theft, assault, vandalism, littering, illegal parking, loud noise,
disorderly conduct, lewd conduct, or police detention or arrests.
(d)
An offense under this article is punishable by a fine not to
exceed:
(1)
$2,000.00 and/or up to 180 days in jail in accordance with section
260.0051 of the Texas Health and Safety Code, as amended, if a person
operates a boarding home facility in the city without a valid permit
in violation of this article;
(2)
$2,000.00 if the provision violated governs fire safety, public
health, or sanitation, other than dumping; or
(3)
$500.00 for all other offenses.
(e)
A separate offense occurs each day or part of a day the violation
is committed, continued, or permitted.
(f)
Emergency closing order:
(1)
If the director finds a boarding home facility operating in
violation of the standards prescribed by this article and the violations
create an immediate threat to the health and safety of a resident
in the facility, the director may order immediate closing of all or
part of the facility.
(2)
The order of immediate closure under subsection
(f)(1) is effective immediately on providing written notice of the order to the owner or operator by facsimile, e-mail or hand-delivery.
(3)
The order of closure of all or part of a boarding home facility
is valid for 10 days after its effective date.
(4)
If the permit holder does not promptly relocate the residents
of the boarding home facility upon receiving the order of closure
for that facility, the city shall provide for the relocation of those
residents. If possible, the city will relocate those residents to
a boarding home facility in the city for which there is a current
valid permit. The relocation may not be to a facility with a more
restrictive environment unless all other reasonable alternatives are
exhausted. The director is authorized to seek to recover the cost
of relocating the residents from the owner and operator of the closed
facility.
(5)
The director and the city manager, or other appropriate technical
board or committee, shall expedite any hearing or decision involving
an emergency closing order issued under this section.
(g)
The city attorney may petition a district court or a county
court at law for civil penalties and for injunctive relief to restrain
a continuing violation of the standards or permit requirements for
a boarding home facility under this article if the violations create
an immediate threat to the health or safety of the facility residents.
(h)
The city attorney may petition a district court or a county
court at law for civil penalties and for injunctive relief to restrain
the continuing operation of a facility that is providing services
inconsistent with those prescribed by this article and state law until
such time as said facility becomes appropriately licensed by the state
or meets the requirements to obtain a permit under this article.
(i)
The remedies and procedures in this section and in other laws
are cumulative law, and the use of any particular remedy or procedure
does not prevent the enforcement of any other law.
(Ordinance 1374-2023 adopted 4/11/2023)