Texas Health and Safety Code 242.033 – Issuance and Renewal of License
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(a) After receiving an application for a license, the department shall issue the license if, after inspection and investigation, it finds that the applicant or license holder, and any other person described by § 242.032(d), meet the requirements established under each provision of this chapter and any rule or standard adopted under this chapter.
(b) The department may issue a license only for:
(1) the premises and persons or governmental unit named in the application; and
(2) the maximum number of beds specified in the application.
Terms Used In Texas Health and Safety Code 242.033
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) A license may not be transferred or assigned.
(d) Except as provided by Subsection (f), a license is renewable every three years after:
(1) an inspection, unless an inspection is not required as provided by § 242.047;
(2) payment of the license fee; and
(3) department approval of the report filed every three years by the licensee.
(e) The report required for license renewal under Subsection (d)(3) must comply with department rules that specify the date of submission of the report, the information it must contain, and its form.
(f) The initial license issued to a license holder who has not previously held a license under this subchapter is a probationary license. A probationary license is valid for only one year. At the end of the one-year period, a license under Subsection (a) shall be issued but only after:
(1) the department finds that the license holder and any other person described by § 242.032(d) continue to meet the requirements established under each provision of this chapter and any rule or standard adopted under this chapter;
(2) an inspection, unless an inspection is not required as provided by § 242.047;
(3) payment of the license fee; and
(4) department approval of the report required for license renewal that complies with rules adopted under Subsection (e).
(g) The executive commissioner by rule shall adopt a system under which an appropriate number of licenses issued by the department under this chapter expire on staggered dates occurring in each three-year period. If the expiration date of a license changes as a result of this subsection, the department shall prorate the licensing fee relating to that license as appropriate.