Tex. Health & Safety Code Section 262.034
Facilities and Services for Elderly and Disabled


(a)

The authority may construct, acquire, own, operate, enlarge, improve, furnish, or equip one or more of the following types of facilities or services for the care of the elderly or disabled:

(1)

a nursing home or similar long-term care facility;

(2)

elderly housing;

(3)

assisted living;

(4)

home health;

(5)

personal care;

(6)

special care;

(7)

continuing care; and

(8)

durable medical equipment.

(b)

The authority may lease or enter into an operations or management agreement relating to all or part of a facility or service for the care of the elderly or disabled that is owned by the authority. The authority may sell, transfer, otherwise convey, or close all or part of the facility and may discontinue a service.

(c)

The authority may issue revenue bonds and other notes in accordance with this chapter to acquire, construct, or improve a facility for the care of the elderly or disabled or to implement the delivery of a service for the care of the elderly or disabled.

(d)

For the purposes of this section, a facility or service described by Subsection (a) is considered to be a hospital project under Chapter 223 (Hospital Project Financing Act).

(e)

This section applies only to an authority that owns or operates a hospital licensed under Chapter 241 (Hospitals) and that is located in:

(1)

a county with a population of 225,000 or less;

(2)

those portions of extended municipalities that the federal census bureau has determined to be rural;

(3)

an area that is not delineated as an urbanized area by the federal census bureau; or

(4)

a municipality with a population of less than 12,000 and a county with a population of 3.3 million or more at the time the authority begins operating a facility or providing a service described by Subsection (a).

(f)

This section does not authorize the authority to issue revenue bonds or other notes in accordance with this chapter to construct, acquire, own, enlarge, improve, furnish, or equip a facility or service listed in Subsection (a) if a private provider of the facility or service is available and accessible in the service area of the authority.

(g)

An authority described by Subsection (e)(4) may not own or operate more than 50 licensed nursing home beds under this section and is not subject to Subsection (f).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 117, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 965, Sec. 4, eff. June 16, 1995; Acts 1999, 76th Leg., ch. 793, Sec. 1, eff. Aug. 30, 1999; Acts 1999, 76th Leg., ch. 1030, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 70, eff. September 1, 2023.

Source: Section 262.034 — Facilities and Services for Elderly and Disabled, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­262.­htm#262.­034 (accessed May 4, 2024).

Accessed:
May 4, 2024

§ 262.034’s source at texas​.gov