(a) The purpose of this chapter is to implement the provisions of Chapter 247, Texas Health and Safety Code, as amended, which establish regulations for the protection of the health and safety of residents of assisted living facilities, by providing for municipal enforcement to the extent permitted by that state law. In the event of a conflict, this chapter must be construed so as to comply with Chapter 247, Texas Health and Safety Code, as amended.
(b) It is the intent and purpose of the city to administer and enforce this chapter to ensure quality care and the protection of the health and safety of assisted living facility residents by requiring assisted living facilities operating within the city limits to comply with state regulations. It is the further intent of the city to administer and enforce this chapter in compliance with the Federal Fair Housing Amendments Act and to ensure that all persons have equal opportunity to use and enjoy a dwelling. In the event of a conflict, this chapter must be construed so as to comply with the Federal Fair Housing Amendments Act. (Ord. Nos. 23631; 28706)
In this chapter:
(1) ASSISTED LIVING FACILITY has the meaning given that term in Section 247.002 of the Texas Health and Safety Code, as amended.
(2) DIRECTOR means the director of the city department designated by the city manager to enforce and implement this chapter, or the director’s designated representative.
(3) FEDERAL FAIR HOUSING AMENDMENTS ACT means the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. §§ 3601 et seq.), as amended.
(4) IMMEDIATE THREAT means a situation in which there is a high probability that serious harm or injury to a resident of an assisted living facility could occur at any time, or has already occurred and may occur again, if the resident is not protected effectively from the harm or if the threat is not removed.
(5) LICENSE means a current, valid license to operate an assisted living facility issued by the Texas Department of Aging and Disability Services pursuant to Chapter 247, Texas Health and Safety Code, as amended.
(6) PERSON means an individual, partnership, company, corporation, association, firm, organization, institution, or similar entity.
(7) PERSONAL CARE SERVICES has the meaning given that term in Section 247.002 of the Texas Health and Safety Code, as amended. (Ord. Nos. 23631; 28706)
All health, safety, and construction standards established by the city in this code, the fire code, the construction codes, and any other applicable city ordinance or regulation apply to all assisted living facilities located within the city. (Ord. Nos. 23631; 28706)
(a) The director may inspect any facility at reasonable times as necessary to determine if it is an assisted living facility and to ensure compliance with this chapter and Chapter 247, Texas Health and Safety Code, as amended.
(b) Upon request of the Texas Department of Aging and Disability Services, the city attorney may petition a district court for a temporary restraining order to inspect a facility that is allegedly required to be licensed as an assisted living facility and that is operating without a license, when admission to the facility cannot be obtained.
(c) The director shall report to the Texas Department of Aging and Disability Services any assisted living facility that the director finds:
(1) is established or operating in the city without a license;
(2) poses an immediate threat to the health and safety of a resident of the assisted living facility; or
(3) is otherwise violating a provision of Chapter 247, Texas Health and Safety Code, as amended, or any rule, regulation, or standard governing assisted living facilities promulgated by the Texas Department of Aging and Disability Services under Chapter 247, Texas Health and Safety Code, as amended. (Ord. Nos. 23631; 28706)
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