Section 559.11 - Criteria for Licensing(a) A person must not establish or operate a DAHS facility in Texas without a license issued by HHSC in accordance with Texas Human Resources Code, Chapter 103, and this chapter.(b) An applicant for a license must submit a complete application form and license fee to HHSC through the online portal in accordance with instructions provided with the application.(c) An applicant for a license must affirmatively demonstrate that the applicant meets: (1) the standards of the Life Safety Code, NFPA 101, 2000 edition;(2) the construction standards in Subchapter C of this chapter (relating to Facility Construction Procedures); and(3) the requirements for operation based on an on-site survey.(d) HHSC may deny an application that remains incomplete after 120 days.(e) Before issuing a license, HHSC considers the background and qualifications of: (1) the applicant or license holder:(2) a person with a disclosable interest;(3) an affiliate of the applicant or license holder;(4) controlling parties, such as a director or manager; and(5) anyone disclosed in the application in accordance with the instructions provided with the application.(f) HHSC issues a license if it finds that the applicant, and all persons described in subsection (e) of this section, meet all requirements of this chapter. The license is valid for three years.(g) A facility must not provide services to more clients than the number specified on its license.(h) A facility must prominently and conspicuously post its license for display in a public area of the facility that is readily accessible to individuals, employees, and visitors.26 Tex. Admin. Code § 559.11
The provisions of this §98.11 adopted to be effective August 31, 1993, 18 TexReg 2726; Transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective May 1, 2002, 27 TexReg 3370; amended to be effective April 1, 2007, 32 TexReg 1749; amended to be effective September 1, 2008, 33 TexReg 1151; amended to be effective September 1, 2009, 34 TexReg 5141; Amended by Texas Register, Volume 41, Number 48, November 25, 2016, TexReg 9331, eff. 12/1/2016; Amended by Texas Register, Volume 43, Number 43, October 26, 2018, TexReg 7219, eff. 10/29/2018; Transeferred from Title 40 Part 1 Chapter 98 Subchapters A-G by Texas Register, Volume 45, Number 51, December 18, 2020, TexReg 9249, eff. 1/15/2021; Amended by Texas Register, Volume 49, Number 27, July 5, 2024, TexReg 4914, eff. 7/10/2024