Loading...
(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)
This article does not apply to the following:
(a) Home and community support services licensed under Tex. Health and Safety Code, Chapter 142, as amended.
(b) Convalescent and nursing homes and related institutions licensed under Tex. Health and Safety Code, Chapter 242, as amended.
(c) Continuing care facilities licensed under Tex. Health and Safety Code, Chapter 246, as amended.
(d) Assisted living facilities licensed under Tex. Health and Safety Code, Chapter 247, as amended.
(e) Intermediate care facilities for the mentally retarded licensed under Tex. Health and Safety Code, Chapter 252, as amended.
(f) A person that provides from home health, hospice, or personal assistance services only to persons enrolled in a program funded wholly or partly by a state agency with jurisdiction over mental health and mental disability and monitored by that state agency or its designated local authority in accordance with standards set by that agency as defined in Tex. Health and Safety Code, § 142.003(a)(19), as amended.
(g) An establishment conducted by or for the adherents of a well- recognized church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules as defined in Tex. Health and Safety Code, § 242.003(3), as amended.
(h) A facility that provides personal care services only to persons enrolled in a program that is funded in whole or in part by a state department or agency and that is monitored by a state department or agency or its designated local mental retardation authority in accordance with standards set by the state department or agency, as defined in Tex. Health and Safety Code, § 247.004(4), as amended.
(i) A hotel as defined by Tex. Tax Code, § 156.001, as amended.
(j) A retirement community as defined by Tex. Tax Code, § 11.18, as amended.
(k) A monastery or convent.
(l) A childcare facility as defined by Tex. Human Resources Code, § 42.002, as amended.
(m) A family violence shelter center as defined by Tex. Human Resources Code, § 51.002, as amended.
(n) A fraternity or sorority house, or other dormitory, associated with an institution of higher education.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) To obtain a permit to operate a boarding home facility, a person must submit an application to the director on a form provided for that purpose. The applicant must be the owner or operator of the boarding home facility. If the owner or operator is not an individual, an authorized officer or agent of the owner or operator must file the form. The application must contain the following information and be accompanied by the fee required under his article before it is considered to be complete:
(1) The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of the applicant. The street address may not be the address of the boarding home facility unless the applicant actually resides full-time at the boarding home facility.
(2) The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and position of the authorized officer or agent filing the form on behalf of the applicant, if the applicant is not an individual. The street address may not be the address of the boarding home facility unless the authorized officer or agent actually resides full-time at the boarding home facility.
(3) The form of business of the applicant; the name, street address, mailing address, email address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of a high managerial agent of the business; and, if the business is a legal entity, such as a corporation or association, a copy of the documents establishing the business.
(4) If the operator of the boarding home is renting or leasing the home or facility, then the operator must present a letter from the owner of the real property authorizing the use of the rental property to operate a boarding home and acknowledging the requirements for the property to be used as a boarding home set out within this article.
(5) The street address and telephone number of the boarding home facility.
(6) The name, street address, mailing address, e-mail address, and telephone number of a person or persons to contact in an emergency as required by this article.
(7) Documentary evidence of payment of ad valorem taxes, fees, fines, and penalties owed to the city in connection with the real property used to operate the boarding home facility.
(8) The names, street addresses, mailing addresses, e-mail addresses, telephone numbers, legible copies of the drivers' licenses or other official state or federal identification cards, and dates of birth of any owners, operators, or employees of the boarding home facility other than the applicant. The street address may not be the address of the boarding home facility, unless the owner, operator, or employee actually resides full-time at the boarding home facility.
(9) Completed state or federal request and release forms authorizing the city to obtain a criminal history report on each owner, operator and employee of the boarding home facility.
(10) The maximum number of residents that will reside at the boarding home facility.
(11) The services to be offered or provided to the residents of the boarding home facility.
(12) A zoning verification letter stating that the proposed use of the property complies with the city's Zoning Ordinance.
(13) If the boarding home facility has one or more residents with a disability, a list of disabilities of the residents.
(14) A statement that, by filing the application, the applicant swears or affirms under penalty of perjury that, to the best of the applicant's knowledge, all information contained in the application is true and correct and that the application is complete and includes all information required to be disclosed under this section.
(15) Such additional information as the applicant desires to include or that the director deems necessary to aid in the determination of whether the requested permit should be granted.
(b) The application will automatically expire if either the fee or the information requested in subsection (a) is not provided to the director within 30 days of the date the applicant was notified of the request for additional information.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
The permit holder shall notify the director within 10 days after any material change in the information contained in the application for a permit to operate a boarding home facility, including any change in ownership or operation of the property and any new disabilities served by the boarding home facility.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) Upon payment of all required fees and the submission of a complete application, the director may issue a permit to operate a boarding home facility to the applicant if the director determines that:
(1) The applicant has complied with all requirements for issuance of the permit;
(2) The applicant, owners, operators, and employees of the boarding home facility meet the criminal history qualifications of this article;
(3) The applicant, owners, operators, or employees of the boarding home facility do not own or operate another permitted boarding home facility in the city for which the permit is currently suspended or has been revoked;
(4) The applicant has not made a false statement as to a material matter in the application for a permit;
(5) The condition and use of the boarding home facility complies with zoning regulations, and all other standards in this article applicable to the property; and
(6) The applicant, owners, and operators do not owe the city any ad valorem taxes, fees, fines or penalties.
(b) If the director determines that the requirements of subsection (a) have not been met, the director shall deny the permit.
(c) If the director determines that an applicant should be denied a permit, the director shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
Loading...