(a)
A person commits an offense if they own or operate a boarding
home facility in the city without a valid permit issued under this
article.
(b)
It is a defense to prosecution under this section if a person operates a facility listed in section
4.10.032 of this article.
(Ordinance 1374-2023 adopted 4/11/2023)
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 from 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 as
defined in section 142.003(a)(19) of the Texas Health and Safety Code,
as amended.
(7)
An establishment conducted by or for the adherents of a well-recognized
church or religious denomination for the purpose of providing facilities
for the care and treatment of the sick who depend 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 as defined in section 242.003(3) of the Texas Health
and Safety Code, as amended.
(8)
A facility that provides personal care services only to persons
enrolled in a program that is funded in whole or in part by a state
department or agency and that is monitored by a state department or
agency or its designated local mental retardation authority in accordance
with standards set by the state department or agency, as defined in
section 247.004(4) of the Texas Health and Safety Code, as amended.
(9)
A hotel as defined by section 156.001 of the Texas Tax Code,
as amended.
(10)
A retirement community as defined by section 11.18 of the Texas
Tax Code, as amended.
(12)
A childcare facility as defined by section 42.002 of the Texas
Human Resources Code as amended.
(13)
A family violence shelter center as defined by section 51.002
of the Texas Human Resources Code, as amended.
(14)
A fraternity or sorority house, or other dormitory, associated
with an institution of higher education.
(Ordinance 1374-2023 adopted 4/11/2023)
(a)
To obtain a permit to operate a boarding home facility, a person
must submit an application to the director 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 and be accompanied
by the fee required under this article before it is considered to
be 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)
If the operator of the boarding home is renting or leasing the
home or facility, then the operator must present a letter from the
owner of the real property authorizing the use of the rental property
to operate a boarding home and acknowledging the requirements for
the property to be used as a boarding home set out within this article.
(5)
Information about the boarding home facility to include:
(A)
The street address and telephone number of the boarding home
facility;
(B)
The total number of buildings in the facility, including square
footage of each building; and
(6)
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 this article.
(7)
Documentary evidence of payment of ad valorem taxes, fees, fines,
and penalties owed to the city in connection with the real property
used to operate the boarding home facility.
(8)
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.
(9)
Completed state or federal request and release forms authorizing
the city to obtain a criminal history report on each owner, operator
and employee of the boarding home facility.
(10)
The maximum number of residents that will reside at the boarding
home facility.
(11)
The services to be offered or provided to the residents of the
boarding home facility.
(12)
A zoning verification letter stating that the proposed use of
the property complies with the city's zoning ordinance.
(13)
If the boarding home facility has one or more residents with
a disability, a list of disabilities of the residents.
(14)
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.
(15)
Such additional information as the applicant desires to include
or that the director deems necessary to aid in the determination of
whether the requested permit should be granted.
(b)
The application will automatically expire if either the fee or the information requested in subsection
(a) is not provided to the director within 30 days of the date the applicant was notified of the request for additional information.
(Ordinance 1374-2023 adopted 4/11/2023)
The permit holder shall notify the director within 10 days after
any material change in the information contained in the application
for a permit 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 1374-2023 adopted 4/11/2023)
(a)
The fee for a permit to operate a boarding home facility is
$1,500.00.
(b)
No refund of a permit fee will be made.
(Ordinance 1374-2023 adopted 4/11/2023)
(a)
Upon payment of all required fees and the submission of a complete
application, the director may issue a permit to operate a boarding
home facility to the applicant if the director determines that:
(1)
The applicant has complied with all requirements for issuance
of the permit;
(2)
The applicant, owners, operators, and employees of the boarding
home facility meet the criminal history qualifications of this article;
(3)
The applicant, owners, operators, or employees of the boarding
home facility do not own or operate another permitted boarding home
facility in the city for which the permit is currently suspended or
has been revoked;
(4)
The applicant has not made a false statement as to a material
matter in the application for a permit;
(5)
The condition and use of the boarding home facility complies
with zoning regulations, and all other 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 director determines that the requirements of subsection
(a) have not been met, the director shall deny the permit.
(c)
If the director determines that an applicant should be denied
a permit, the director shall notify the applicant in writing that
the application is denied and include in the notice the reason for
denial and a statement informing the applicant of the right of appeal.
(Ordinance 1374-2023 adopted 4/11/2023)
(a)
The director may suspend a boarding home facility permit for
a period not to exceed 90 days if the director finds that the permit
holder 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 director authorized under this article.
(b)
A boarding home facility for which the permit has been suspended
may not admit any new residents during the time the permit is suspended.
(c)
In lieu of suspending a permit for a boarding home facility,
the director, at their sole discretion, may enter into a compliance
agreement with a permit holder if the director determines that the
compliance 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 director shall send a written statement of the reasons for
the suspension, the date the suspension is to begin, the duration
of the suspension, and the permit holder's right to appeal by certified
mail, return receipt requested.
(e)
A permit holder whose permit is suspended may not be granted
a permit to operate additional boarding home facilities during the
period of suspension.
(f)
A permit holder commits an offense if they operate or own a
boarding home facility that admits new residents during the time that
the suspension of the permit is in effect.
(Ordinance 1374-2023 adopted 4/11/2023)
(a)
Except as provided in subsection
(b), the director shall revoke any permit issued to operate a boarding home facility if the director determines that:
(1)
The permit holder fails to meet the criminal history qualifications
of this article or employs a person at the facility who fails to meet
the criminal history qualifications;
(2)
The permit holder intentionally made a false statement as to
a material matter in the application or in a hearing concerning the
permit;
(3)
The permit holder failed to pay a fee required by this article
at the time it was due; or
(4)
A cause for suspension under section
4.10.037 has occurred and the permit has already been suspended at least once within the preceding 12 months.
(b)
In lieu of revoking a permit for a boarding home facility, the
director, at their sole discretion may enter into a compliance agreement
with a permit holder if the director determines that the compliance
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 director shall notify the permit holder in writing by certified mail, return receipt requested, that the permit is being considered for revocation. The notice must include the reason for the proposed revocation, action the permit holder must take to prevent the revocation, and a statement that the permit holder has 10 calendar days to comply with the notice.
(d)
If, after 10 calendar days from the date of the notice required in subsection
(c) was sent or delivered (whichever is later), the permit holder has not complied with required actions listed in the notice, the director shall revoke the permit and notify the permit holder in writing of the revocation. The notice must include the reason for the revocation, and a statement informing the permit holder of the right to appeal.
(e)
If a permit has been revoked, the permit holder has 10 calendar
days from the date the notice was sent or delivered (whichever is
later), to relocate the residents of the facility and cease operations.
An appeal of the revocation does not suspend or toll this deadline.
(Ordinance 1374-2023 adopted 4/11/2023)
If the director denies issuance or renewal of a permit or suspends
or revokes a permit issued under this article, the action is final
unless the permit holder files a written appeal within 10 business
days with the city manager.
(Ordinance 1374-2023 adopted 4/11/2023)
(a)
A permit to operate a boarding home facility expires one year
after the date of issuance.
(b)
A permit holder shall apply for renewal at least 30 calendar days before the expiration of the permit on a form provided by the director. The permit holder shall update the information contained in the original permit application required under section
4.10.033 of this article or any subsequent renewals under this section, if any of the information has changed. The permit holder shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications, or that any information that has been updated is accurate and complete.
(c)
The director shall follow the procedures set forth in this article
when determining whether to renew a permit.
(d)
The fee for the renewal of a permit to operate a boarding home
facility is $1,000.00.
(Ordinance 1374-2023 adopted 4/11/2023)
A permit to operate a boarding home facility is not transferable
to another owner, operator, or location.
(Ordinance 1374-2023 adopted 4/11/2023)
The permit holder 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 permit issued under this article to operate the boarding
home facility. The permit must be presented upon request to the director,
director's designee or to a peace officer for examination.
(2)
A sign prescribed by the director specifying how complaint may
be registered with the city.
(3)
A notice in a form prescribed by the director 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 director 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 1374-2023 adopted 4/11/2023)
(a)
Required inspections.
(1)
A boarding home facility must pass all required inspections.
(2)
The permit holder shall keep a current file of reports and other documentation on site that is needed to demonstrate compliance with applicable ordinances, laws, and regulations, including, but not limited to, documentation of those requirements set out in sections
4.10.091,
4.10.094,
4.10.096,
4.10.097, and
4.10.098 of this article. 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:
(B)
Annual permit renewal inspection;
(C)
Annual fire inspection; and
(D)
Annual kitchen inspection for a boarding home facility that
provides meal preparation.
(b)
Other inspections.
The director may inspect any
boarding home facility for the purpose of ascertaining whether violations
of this article or any other city ordinances exist. The director 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)
Consequences of refusal 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 director may suspend the permit to operate a boarding home facility in accordance with section
4.10.037.
(d)
Reinspections.
Whenever a boarding home facility
is inspected by the director and a violation of this article or any
other city ordinances 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 director
to determine that the violation has been eliminated.
(e)
Reinspection fee.
The permit holder shall pay:
(1)
To the director, $500.00, for each reinspection after the first
inspection by that department that must be conducted before the violation
is determined to be eliminated; and
(2)
To the director of any other city department the fee required
(if any) by the applicable code for each reinspection by that department
that must be conducted before the violation is determined to be eliminated.
(Ordinance 1374-2023 adopted 4/11/2023)
As required by section 260 of the Texas Health and Safety Code,
before September 30th of each year, the director 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 issued permits
by the city during the preceding state fiscal year.
(2)
The total number of boarding home facility applications for
which permits were denied, including a summary of the causes for denial.
(3)
The total number of boarding home facility permits 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 permits 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 permit.
(Ordinance 1374-2023 adopted 4/11/2023)