Tex. Hum. Res. Code § 123.004

QUALIFICATION AS COMMUNITY HOME

Known as the Community Homes for Persons With Disabilities Act

The act spans §§ 123–123 (10 sections).

Applied in 2 court decisions — leading case Deep East Texas Regional Mental Health & Mental Retardation Services v. Kinnear (1994)

Most recently applied in Meehl v. Wise (July 2009)

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff

To qualify as a community home, an entity must comply with Sections 123.005 through 123.008 and be:

(1) a community-based residential home operated by:

(A) the Department of Aging and Disability Services;

(B) a community center organized under Subchapter A, Chapter 534, Health and Safety Code, that provides services to persons with disabilities;

(C) an entity subject to the Texas Nonprofit Corporation Law as described by Section 1.008(d), Business Organizations Code; or

(D) an entity certified by the Department of Aging and Disability Services as a provider under the ICF-IID medical assistance program; or

(2) an assisted living facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.