(a) The purposes of this chapter are to ensure that:
(1) residents of boarding home facilities live in safe, sanitary, and decent housing;
(2) these residents are not abused, neglected, or exploited by the owners, operators, or employees of boarding home facilities;
(3) adequate fire-rescue and police personnel and vehicles are available to serve these residents; and
(4) the city can identify and facilitate appropriate responses for residents who may require special assistance during an emergency or at any other time.
(b) The city is accomplishing those purposes by implementing standards for construction, maintenance, reporting, record-keeping, education, and care for the protection of the health, safety, and welfare of residents of boarding home facilities. These standards are implemented pursuant to the city’s home-rule authority under Article XI, Section 5 of the Texas Constitution and the authority to license lawful businesses subject to the city’s police power granted by Sections 54.004 and 215.075 of the Texas Local Government Code.
(c) The city council also intends that this chapter fully comply with the Federal Fair Housing Amendments Act of 1988 (“FHAA”), as amended, the Americans with Disabilities Act of 1990 (“ADA”), as amended, and all other applicable state and federal legislation. It is the express intent of the city council that this chapter be construed in a manner consistent with the FHAA, the ADA, and all other applicable state and federal legislation at all times. (Ord. 28706)
Unless the context clearly indicates otherwise, in this chapter:
(1) ABUSE means:
(A) the negligent or wilful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to a resident by the person’s caretaker, family member, or other individual who has an on- going relationship with the person; or
(B) sexual abuse of a resident, including any involuntary or non-consensual sexual conduct that would constitute an offense under Section 21.08 of the Texas Penal Code (indecent exposure), as amended, or Chapter 22 of the Texas Penal Code (assaultive offenses), as amended, committed by the person’s caretaker, family member, or other individual who has an on-going relationship with the person.
(2) ALCOHOL means any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
(3) ASSISTANCE WITH SELF- ADMINISTRATION OF MEDICATION means:
(A) assisting a resident by reminding the resident to take medication;
(B) opening and removing medications from a container;
(C) placing medication in a resident’s hand or in or on a clean surface such as a medication reminder box; and
(D) reminding a resident when a prescription medication needs to be refilled.
(4) BOARDING HOME FACILITY means an establishment that:
(A) furnishes, in one or more buildings, lodging to three or more persons who are unrelated to the owner of the establishment by blood or marriage; and
(B) provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services to those persons.
(5) CONTROLLED SUBSTANCE means a substance regulated under 21 C.F.R. § 1308, as amended.
(6) CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. "Conviction" includes disposition of charges against a person by probation or deferred adjudication.
(7) DEPARTMENT means the department designated by the city manager to enforce and administer this chapter.
(8) DIRECT THREAT means a significant risk to the health or safety of one or more individuals that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or service.
(9) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter and includes representatives, agents, or department employees designated by the director.
(10) DISABILITY means a disability as defined in 42 U.S.C. § 12102, as amended.
(11) EMERGENCY CONDITION means any fire, natural disaster, collapse hazard, burst pipe, leaking sewage, lack of working utilities, dangerous utilities, serious police incident, or other condition that requires an immediate response to prevent harm to the property, the occupants of the property, or the public.
(12) EMPLOYEE means any individual who performs caretaking duties or regularly works in a boarding home facility for any form of compensation or consideration.
(13) EXPLOITATION means the illegal or improper act or process of an owner, operator, employee, caretaker, family member, or other individual who has an on-going relationship with the resident using the resources of a resident for monetary or personal benefit, profit, or gain without the informed voluntary consent of the resident.
(14) GOOD NEIGHBOR AGREEMENT means a contract between the city and a licensee whereby the city agrees to defer one or more forms of enforcement action in consideration for the licensee agreeing to perform actions, or refrain from performing actions, that are not already required or prohibited by city ordinance, rule, or regulation, or any county, state, or federal law or regulation and that enhances the peace, health, safety, good morals, and general welfare of the residents and employees of the boarding home facility and the surrounding community.
(15) INJURY, INCIDENT, OR UNUSUAL ACCIDENT means an event that occurred in the boarding home facility, on the grounds of the boarding home facility, or under the licensee's supervision and resulted in a change in a resident's physical or mental status that requires intervention by a private or public entity responsible for medical or mental health services or an event that requires the facility to take safety and protection measures for the resident or others. This term includes, but is not limited to, the following:
(A) An allegation of abuse, neglect, or exploitation.
(B) Death.
(C) A resident's unexplained absence from the boarding home facility.
(D) Fire.
(E) Criminal acts.
(F) Fights between residents.
(16) LICENSEE means:
(A) a person in whose name a boarding home facility license has been issued;
(B) each individual listed as an owner or operator of the boarding home facility on a pending or approved application for a boarding home facility license;
(C) each individual who has a 20 percent or greater ownership interest in the corporation or other legal entity owning or operating the boarding home facility, regardless of whether the individual's name or signature appears on the pending or approved boarding home facility license application;
(D) each officer, director, and board member of the corporation or other legal entity owning or operating a boarding home facility, regardless of whether the individual's name or signature appears on the pending or approved boarding home facility license application; and
(E) each individual that exercises substantial de facto control over a boarding home facility regardless of whether the individual's name or signature appears on the pending or approved boarding home facility license application.
(17) NEGLECT means the failure of a resident or licensee to provide goods or services, including medical services, that are necessary to avoid physical or emotional harm or pain.
(17.1) OPERATE means to manage, run, or be in control of a boarding home facility.
(18) OPERATOR means any person exerting control over a boarding home facility, including, any sole proprietor, his or her agent, and any officer, director, board member, staff member, or agent of a corporation or other legal entity who has managerial control of the on-site, day-to-day operations of a boarding home facility, regardless of whether that person is listed as an operator on the boarding home facility license application.
(18.1) OWN means a right by law to possess, manage, sell, or donate property.
(19) OWNER means an individual who owns a boarding home facility as a sole proprietorship, an individual who has 20 percent or greater ownership interest in a corporation or other legal entity that owns or operates a boarding home facility, a non-profit entity that owns or operates a boarding home facility, or the owner of the real property where a boarding home facility is located.
(20) PERSONAL CARE SERVICES means:
(A) assistance with meals, dressing, movement, bathing, or other personal needs or maintenance;
(B) the administration of medication by a person licensed to administer medication or the assistance with or supervision of medication; or
(C) general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in an assisted living facility or who needs assistance to manage the person’s personal life, regardless of whether a guardian has been appointed for the person.
(21) RESIDENT means a person who is residing in a boarding home facility.
(22) VOLUNTEER means a person who is not an employee and works at or for a boarding home facility without any expectation of or entitlement to any form of compensation. (Ord. Nos. 28706; 29753)
The director shall implement and enforce this chapter and may by written order establish such rules, regulations, or procedures, not inconsistent with this chapter or other city ordinances, rules, or regulations, or any county, state, or federal laws or regulations, as the director determines are necessary to discharge any duty under or to effect the policy of this chapter. (Ord. 28706, eff. 10-1-12)