26 Tex. Admin. Code § 559.11
Criteria for Licensing
Effective Jul 10, 202449 TexReg 4909Source Note: The provisions of this §559.11 adopted to be effective August 31, 1993, 18 TexReg 2726; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective May 1, 2002, 27 TexReg 3370; amended to be effective April 1, 2007, 32 TexReg 1749; amended to be effective September 1, 2008, 33 TexReg 1151; amended to Texas Secretary of State
- (a) A person must not establish or operate a DAHS facility in Texas without a license issued by HHSC in accordance with Texas Human Resources Code, Chapter 103, and this chapter.
- (b) An applicant for a license must submit a complete application form and license fee to HHSC through the online portal in accordance with instructions provided with the application.
(c) An applicant for a license must affirmatively demonstrate that the applicant meets:
- (1) the standards of the Life Safety Code, NFPA 101, 2000 edition;
- (2) the construction standards in Subchapter C of this chapter (relating to Facility Construction Procedures); and
- (3) the requirements for operation based on an on-site survey.
- (d) HHSC may deny an application that remains incomplete after 120 days.
(e) Before issuing a license, HHSC considers the background and qualifications of:
- (1) the applicant or license holder:
- (2) a person with a disclosable interest;
- (3) an affiliate of the applicant or license holder;
- (4) controlling parties, such as a director or manager; and
- (5) anyone disclosed in the application in accordance with the instructions provided with the application.
- (f) HHSC issues a license if it finds that the applicant, and all persons described in subsection (e) of this section, meet all requirements of this chapter. The license is valid for three years.
- (g) A facility must not provide services to more clients than the number specified on its license.
- (h) A facility must prominently and conspicuously post its license for display in a public area of the facility that is readily accessible to individuals, employees, and visitors.
Source Note:The provisions of this §559.11 adopted to be effective August 31, 1993, 18 TexReg 2726; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective May 1, 2002, 27 TexReg 3370; amended to be effective April 1, 2007, 32 TexReg 1749; amended to be effective September 1, 2008, 33 TexReg 1151; amended to be effective September 1, 2009, 34 TexReg 5141; amended to be effective December 1, 2016, 41 TexReg 9327; amended to be effective October29, 2018, 43 TexReg 7219; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249; amended to be effective July 10, 2024, 49 TexReg 4909.