§ 28-463. Application for permit.  


Latest version.
  • (a)

    Application form. An operator of a boarding home shall apply to the director for a permit annually on forms provided by the director and shall include the following information:

    (1)

    a.

    The name, street address (and mailing address if different), email address, and Texas driver's license number of the intended operator; and

    b.

    The name, street address (and mailing address if different), and email address of the owner;

    (2)

    The name under which the boarding home is to be operated;

    (3)

    The boarding home facility telephone number;

    (4)

    If the boarding home is to be operated under an assumed name, a certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (Texas Business and Commerce Code, Chapter 71);

    (5)

    If the boarding home is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto;

    (6)

    If the boarding home is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;

    (7)

    If the boarding home is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto, filed in the office of the Secretary of State under Texas Business Organizations Code chapter 153 or its successor statute;

    (8)

    If the boarding home is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto, filed in the office of the Secretary of State under Texas Business Organizations Code chapter 153 or its successor statute;

    (9)

    The address and legal description of the real property on which the boarding home is or is to be situated;

    (10)

    Proof of ownership of the real property upon which the boarding home will be operated in the form of a certified copy of the recorded deed;

    (11)

    If the person identified as the owner of the real property in item (8) is not the owner or operator of the boarding home, then the lease, purchase contract, purchase option contract, lease option contract or other document evidencing the legally enforceable right of the owner or operator of the boarding home to use and possess the real property;

    (12)

    A general description of the services provided;

    (13)

    All security and resident monitoring plans and any additional security and monitoring measures which are to be implemented;

    (14)

    The date on which the applicant began or expects to begin operations as a boarding home at the location;

    (15)

    Copies of the statements required in section 28-466(b) of this Code;

    (16)

    Any other information that may be reasonably requested by the director; and

    (17)

    The following statements conforming to minimum state law requirements for unsworn declarations:

    a.

    A statement by the owner of the real property upon which the boarding home is situated attesting to the knowledge of that owner that the property will be used for the operation of a boarding home;

    b.

    A statement by the owner and operator of the boarding home attesting that the applicant's operation will not violate deed restrictions;

    c.

    A statement by the owner and operator of the boarding home attesting that only framed beds at least six feet long and three feet wide equipped with supportive springs and clean supportive mattresses will be used by the boarding home facility; and

    d.

    A statement by the operator of the boarding home that it is in full compliance with Chapter 325 of the Texas Health and Safety Code.

    Any of items (2) through (9) above shall not be required for a renewal application if the applicant states that the documents previously furnished to the director with the original application or previous renewals thereof remain correct and current.

    (b)

    Criminal history documents. Along with the application form, an applicant or operator of a boarding home shall submit, for each owner or operator, fingerprints and the signed authorization form described in section 28-464 of this Code in order to facilitate the criminal history check required by that section.

    (c)

    Request for inspection. At the time of submission of the application, the owner or operator of a boarding home shall submit a request to the building official for an inspection, as described in section 28-467 of this Code.

(Ord. No. 2018-225 , § 2(Exh. A), 3-22-2018)