1. (a) A person or governmental unit, acting jointly or severally, must be licensed by DADS to establish, conduct, or maintain a facility in this state.
2. (b) An applicant for a license must submit a complete application form and license fee to DADS.

3. (c) An applicant for a license must affirmatively show that:

   1. (1) the facility meets the standards of the Life Safety Code;
   2. (2) the facility meets the construction standards in Subchapter D of this chapter (relating to Facility Construction); and
   3. (3) the facility meets the standards for operation based on an on-site survey.

4. (d) Before issuing a license, DADS considers the background and qualifications of:

   1. (1) the applicant or license holder; and
   2. (2) a controlling person of the applicant or license holder.
5. (e) DADS issues a license if it finds that the facility and any person described in subsection (d) of this section meets all requirements of this chapter. The license is valid for two years. Each license specifies the maximum allowable number of residents to be cared for at any one time. The number of residents authorized by the license must not be exceeded.

Source Note:The provisions of this §551.11 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective September 1, 1994, 19 TexReg 5731; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective May 1, 1998, 23 TexReg 4060; amended to be effective April 1, 1999, 24 TexReg 1816; amended to be effective May 1, 2002, 27 TexReg 3369; amended to be effective September 1, 2009, 34 TexReg 5139; amended to be effective September 1,2010,35 TexReg 7876; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883.