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(a) The purpose of this article is to implement the provisions of Tex. Health and Safety Code, Chapter 260, entitled "Boarding Home Facilities", as amended, which allows the city to establish regulations for the protection of the health and safety of residents of boarding home facilities. It is the intent and purpose of the city to administer and enforce this article to ensure the health, safety and welfare of boarding home facility residents by establishing standards for construction, maintenance, reporting, record-keeping, education, and training for owners, operators and employees of boarding home facilities. These standards are implemented pursuant to the city's home-rule authority under Texas Constitution, Article XI, § 5 and the authority to license or permit lawful businesses subject to the city's police power granted by Tex. Local Government Code, §§ 54.004 and 215.075.
(b) The city intends that this article fully comply with the Federal Fair Housing Amendments Act of 1988 ("FHAA"), the Americans with Disabilities Act of 1990 ("ADA"), and the Americans with Disabilities Amendments Act of 2008, and all other applicable state and federal legislation. It is the express intent of the city that this article be construed in a manner consistent with the FHAA, the ADA, and all other applicable state and federal legislation at all times.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
Unless the context clearly indicates otherwise, in this article:
ABUSE.
(1) The negligent or willful 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
(2) Sexual abuse of a resident, including any involuntary or non-consensual sexual conduct that would constitute an offense under Tex. Penal Code, § 21.08 (indecent exposure), as amended, or Tex. Penal Code, Chapter 22 (assaultive offenses), as amended, committed by the person's caretaker, family member or other individual who has an on-going relationship with the person.
ASSISTANCE WITH SELF- ADMINISTRATION OF MEDICATION.
(1) Assisting a resident by reminding the resident to take medication;
(2) Opening and removing medications from a container;
(3) Placing medication in a resident's hand or in or on a clean surface such as a medication reminder box; and
(4) Reminding a resident when a prescription medication needs to be refilled.
BOARDING HOME FACILITY. An establishment that:
(1) Furnishes, in one or more buildings, lodging to three or more elderly and/or disabled persons who are unrelated to the owner of the establishment by blood or marriage; and
(2) Provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication to persons/residents who are capable of feeding, dressing, moving, self-evacuating, bathing and attending to other personal needs or maintenance without assistance; and
(3) Does not provide personal care services to persons/residents.
CONVICTION. 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 community supervision, including probation and deferred adjudication.
DEPARTMENT. The department designated by the city manager to enforce and administer this article.
DIRECT THREAT. A significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.
DIRECTOR. The director of the department designated by the city manager to enforce and administer this article and includes representatives, agents, or department employees designated by the director.
DISABILITY. A disability as defined in 42 U.S.C. § 12102, as amended.
ELDERLY. Sixty-five (65) years of age or older.
EMPLOYEE. A person who performs caretaking duties or regularly works in a boarding home facility.
EXPLOITATION. The illegal or improper act or process of an owner, operator, employee, caretaker, family member, or other individual who has an ongoing relationship with the resident using the resources of a resident for monetary or personal benefit, profit, or gain without the informed consent of the resident.
INJURY, INCIDENT, OR UNUSUAL ACCIDENT. An event that resulted in a change in 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:
(1) An allegation of abuse, neglect, or exploitation.
(2) Death.
(3) A resident's unexplained absence from the boarding home facility.
(4) Fire.
(5) Criminal acts.
(6) Fights between residents.
NEGLECT. The failure of a resident or permit holder to provide goods or services, including medical services that are necessary to avoid physical or emotional harm or pain.
OPERATOR. The person in control of a boarding home facility.
OWNER. An individual who has an ownership interest in a corporation or other legal entity operating a boarding home facility or the owner of the real property where a boarding home facility is located.
PERMIT HOLDER.
(1) A person in whose name a boarding home facility permit has been issued;
(2) Each individual listed as an owner or operator of the boarding home facility on the application for a boarding home facility permit;
(3) Each individual who has an 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 boarding home facility permit application; and
(4) Each officer 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 boarding home facility permit application.
PERSONAL CARE SERVICES.
(1) Assistance with meals, dressing, movement, bathing, or other personal needs or maintenance;
(2) The administration of medication by a person licensed to administer medication or the assistance with or supervision of medication; or
(3) 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.
RESIDENT. A person who is residing in a boarding home facility.
SLEEPING ROOM. An area used by a resident for sleeping containing a bed and does not include a bathroom, kitchen, living area or other open space area.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
The director shall implement and enforce this article and may by written order establish such rules, regulations, or procedures, not inconsistent with this article 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 affect the policy of this article.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) A person commits an offense if they own or operate a boarding home facility in the city without a valid permit issued under this article.
(b) It is a defense to prosecution under this section if a person operates a facility listed in § 20-474 of this article.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
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