HUMAN RESOURCES CODE
CHAPTER 103. ADULT DAY CARE
§ 103.001. PURPOSE. It is the purpose of this chapter
to establish programs of quality adult day care and day health care
that will enable elderly and handicapped persons with medical or
functional impairments to maintain maximum independence and to
prevent premature or inappropriate institutionalization. It is the
purpose of this chapter to provide adequately regulated supervision
for elderly and handicapped persons while enabling them to remain
in a family environment and affording the family a measure of
normality in its daily activities. The legislature intends to
provide for the development of policies and programs that will:
(1) provide alternatives to institutionalization;
(2) establish facilities for adult day care and day
health care throughout the state that offer services and are
accessible to economically disadvantaged persons; and
(3) prevent inappropriate institutionalization.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983.
§ 103.002. SHORT TITLE. This chapter may be cited as
the Adult Day Care Act.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983.
§ 103.003. DEFINITIONS. In this chapter:
(1) "Adult day-care facility" means a facility that
provides services under an adult day-care program on a daily or
regular basis but not overnight to four or more elderly or
handicapped persons who are not related by blood, marriage, or
adoption to the owner of the facility.
(2) "Adult day-care program" means a structured,
comprehensive program that is designed to meet the needs of adults
with functional impairments through an individual plan of care by
providing health, social, and related support services in a
protective setting.
(3) "Department" means the Texas Department of Human
Services.
(4) "Elderly person" means a person 65 years of age or
older.
(5) "Handicapped person" means a person whose
functioning is sufficiently impaired to require frequent medical
attention, counseling, physical therapy, therapeutic or corrective
equipment, or another person's attendance and supervision.
(6) "Person" means an individual, corporation, or
association.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 264, §
27, eff. Aug. 26, 1985; Acts 1993, 73rd Leg., ch. 434, § 2, eff.
Jan. 1, 1994.
§ 103.004. DEPARTMENT DUTIES. (a) The department
shall adopt rules for implementing this chapter.
(b) The department shall set standards for:
(1) the health and welfare of persons attending a
facility;
(2) the eligibility of persons to attend a facility;
(3) the scope of services provided by a facility;
(4) adequate supervision for persons attending a
facility;
(5) the professional staff and other personnel at a
facility;
(6) adequate and healthful food service, where it may
be offered;
(7) procedures for consultation with family members,
case workers, or other persons responsible for the welfare of a
person attending a facility; and
(8) prohibiting racial discrimination.
(c) The department may contract with a political
subdivision or a person for transporting persons to a facility.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983.
§ 103.0041. LICENSE REQUIRED. (a) A person may not
operate an adult day-care facility without a license issued under
this chapter.
(b) A person commits an offense if the person violates
Subsection (a) of this section. An offense under this subsection is
a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 434, § 1, eff. Jan. 1, 1994.
§ 103.005. LICENSING DUTIES. The department shall
adopt rules for the licensing procedures and set standards for the
safety and sanitation requirements for a licensed facility.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 76, §
8.102, eff. Sept. 1, 1995.
§ 103.006. LICENSE. (a) The department shall issue a
license to operate an adult day-care facility to a person who has
met the application requirements and received approval after an
on-site inspection.
(b) The license expires one year from the date of its
issuance.
(c) An applicant for a license under this chapter who has a
health care provider license is entitled to have inspections and
license renewal procedures coordinated so that one inspection may
fulfill various licensing requirements.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 434, §
3, eff. Jan. 1, 1994; Acts 1995, 74th Leg., ch. 76, § 8.103, eff.
Sept. 1, 1995.
§ 103.007. LICENSE APPLICATION. (a) An applicant for
a license to operate an adult day-care facility must file an
application on a form prescribed by the department together with a
license fee of $25.
(b) The applicant must provide evidence of:
(1) the ability to comply with the requirements of the
department;
(2) responsible management; and
(3) qualified professional staff and personnel.
(c) A person who operates a facility that is licensed under
this chapter must file an application for a renewal license before
the expiration date of the current license on a form prescribed by
the department together with a renewal fee of $25.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 434, §
4, eff. Jan. 1, 1994; Acts 1995, 74th Leg., ch. 76, § 8.104, eff.
Sept. 1, 1995.
§ 103.0075. EARLY COMPLIANCE REVIEW. (a) The
department by rule shall adopt a procedure under which a person
proposing to construct or modify an adult day-care facility may
submit building plans to the department for review for compliance
with the department's architectural requirements before beginning
construction or modification. In adopting the procedure, the
department shall set reasonable deadlines by which the department
must complete review of submitted plans.
(b) The department shall, within 30 days, review plans
submitted under this section for compliance with the department's
architectural requirements and inform the person in writing of the
results of the review. If the plans comply with the department's
architectural requirements, the department may not subsequently
change the architectural requirements applicable to the project
unless:
(1) the change is required by federal law; or
(2) the person fails to complete the project within a
reasonable time.
(c) The department may charge a reasonable fee for
conducting a review under this section.
(d) A fee collected under this section shall be deposited in
the general revenue fund and may be appropriated only to the
department to conduct reviews under this section.
(e) The review procedure provided by this section does not
include review of building plans for compliance with the Texas
Accessibility Standards as administered and enforced by the Texas
Department of Licensing and Regulation.
Added by Acts 2001, 77th Leg., ch. 339, § 1, eff. Sept. 1, 2001.
§ 103.008. INSPECTIONS. (a) The department may enter
the premises of a facility at reasonable times and make an
inspection necessary to issue a license or renew a license.
(b) Any person may request an inspection of a facility by
notifying the department in writing of an alleged violation of a
licensing requirement. The complaint shall be as detailed as
possible and signed by the complainant. The department shall
perform an on-site inspection as soon as feasible but no later than
30 days after receiving the complaint unless after an investigation
the complaint is found to be frivolous. The department shall
respond to a complainant in writing. The department shall also
receive and investigate anonymous complaints.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 76, §
8.105, eff. Sept. 1, 1995.
§ 103.009. LICENSE DENIAL, SUSPENSION, OR
REVOCATION. (a) The department may deny, suspend, or revoke the
license of an applicant or holder of a license who fails to comply
with the rules or standards for licensing required by this chapter.
(b) The denial, suspension, or revocation of a license and
the appeal from that action are governed by the procedures for a
contested case hearing under Chapter 2001, Government Code.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 434, §
5, eff. Jan. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 5.95(49),
8.106, eff. Sept. 1, 1995.
§ 103.0091. INJUNCTION. (a) The department may
petition a district court for a temporary restraining order to
restrain a continuing violation of the standards or licensing
requirements provided under this chapter if the department finds
that the violation creates an immediate threat to the health and
safety of the adult day-care residents.
(b) A district court, on petition of the department and on a
finding by the court that a person is violating the standards or
licensing requirements provided under this chapter, may by
injunction:
(1) prohibit a person from continuing a violation of
the standards or licensing requirements provided under this
chapter;
(2) restrain or prevent the establishment or operation
of a facility without a license issued under this chapter; or
(3) grant any other injunctive relief warranted by the
facts.
(c) The attorney general may institute and conduct a suit
authorized by this section at the request of the department.
(d) Venue for a suit brought under this section is in the
county in which the facility is located or in Travis County.
Added by Acts 1993, 73rd Leg., ch. 434, § 1, eff. Jan. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 76, § 8.107, eff. Sept. 1,
1995.
§ 103.0092. EMERGENCY SUSPENSION AND CLOSING
ORDER. (a) If the department finds an adult day-care facility
operating in violation of the standards prescribed by this chapter
and the violations create an immediate threat to the health and
safety of a resident in the facility, the department shall suspend
the license or order immediate closing of all or part of the
facility.
(b) The order suspending a license under Subsection (a) is
immediately effective on written notice to the license holder or on
the date specified on the order.
(c) The order suspending the license and ordering closure of
all or part of a facility is valid for 10 days after the effective
date.
Added by Acts 1993, 73rd Leg., ch. 434, § 1, eff. Jan. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 76, § 8.108, eff. Sept. 1,
1995.
§ 103.010. DISPOSITION OF FUNDS. (a) All fees
collected under this chapter shall be deposited to the credit of the
General Revenue Fund.
(b) The legislature may appropriate the money received
under this chapter for the sole purpose of administering this
chapter.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, § 3(a),
eff. Sept. 1, 1983.
§ 103.011. RIGHTS OF THE ELDERLY. (a) In addition to
other rights an individual attending an adult day care facility has
as a citizen, an individual who is 55 years of age or older has the
rights prescribed by Chapter 102 of this code.
(b) The department shall require each adult day care
facility to implement and enforce the applicable provisions of
Chapter 102 of this code.
Added by Acts 1985, 69th Leg., ch. 117, § 1(a), eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 1052, § 7.06, eff.
Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 434, § 6, eff. Jan. 1,
1994; Acts 1995, 74th Leg., ch. 76, § 8.109, eff. Sept. 1, 1995.
