1. (a) Each provider subject to Health and Safety Code, §246.041, shall file an original and two copies of the disclosure statement with the department, one in a three-ring binder and two copies in the same form as it is distributed to a prospective resident, before one or more of the following occurs:

   1. (1) the provider contracts to provide continuing care in a facility located or to be located in Texas;
   2. (2) the provider extends the term of an existing contract to provide continuing care in a facility located or to be located in Texas;
   3. (3) a provider or provider's agent accepts a reservation agreement deposit;

   4. (4) the provider or provider's agent solicits a continuing care contract in this state for an individual who resides in this state at the time of the solicitation. A continuing care contract is considered solicited in this state if, during the 12-month period preceding the date on which the continuing care contract is signed or accepted by either party, information concerning the facility or the availability of the continuing care contract is given:

      1. (A) by personal, telephone, mail, or other communication directed to and received by a person at a location in this state; or
      2. (B) in paid advertisements published or broadcast from within this state, other than in a publication in which more than two-thirds of the circulation is outside this state.
2. (b) The provider shall submit a nonrefundable fee with the disclosure statement. The fee is composed of a filing fee of $500 plus a fee of $2.00 for each living unit, excluding the units devoted to licensed nursing home care.

Source Note:The provisions of this §33.301 adopted to be effective March 9, 1989, 14 TexReg 989; amended to be effective March 14, 1996, 21 TexReg 1768.