Texas Statutes
Subchapter A. Home and Community Support Services License
Section 142.0012. Controlling Person

Sec. 142.0012. CONTROLLING PERSON. (a) A person is a controlling person if the person, acting alone or with others, has the ability to directly or indirectly influence, direct, or cause the direction of the management, expenditure of money, or policies of a home and community support services agency or other person.
(b) For purposes of this chapter, "controlling person" includes:
(1) a management company or other business entity that operates or contracts with others for the operation of a home and community support services agency;
(2) a person who is a controlling person of a management company or other business entity that operates a home and community support services agency or that contracts with another person for the operation of a home and community support services agency; and
(3) any other individual who, because of a personal, familial, or other relationship with the owner, manager, or provider of a home and community support services agency, is in a position of actual control or authority with respect to the agency, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the agency.
(c) A controlling person described by Subsection (b)(3) does not include an employee, lender, secured creditor, or other person who does not exercise formal or actual influence or control over the operation of a home and community support services agency.
(d) The executive commissioner may adopt rules that specify the ownership interests and other relationships that qualify a person as a controlling person.
Added by Acts 1999, 76th Leg., ch. 276, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0397, eff. April 2, 2015.

Structure Texas Statutes

Texas Statutes

Health and Safety Code

Title 2 - Health

Subtitle G - Licenses and Other Regulation

Chapter 142 - Home and Community Support Services

Subchapter A. Home and Community Support Services License

Section 142.001. Definitions

Section 142.0011. Scope, Purpose, and Implementation

Section 142.0012. Controlling Person

Section 142.002. License Required

Section 142.0025. Temporary License

Section 142.003. Exemptions From Licensing Requirement

Section 142.004. License Application

Section 142.005. Compliance Record in Other States

Section 142.006. License Issuance; Term

Section 142.0061. Possession of Sterile Water or Saline

Section 142.0062. Possession of Certain Vaccines or Tuberculin

Section 142.0063. Possession of Certain Dangerous Drugs

Section 142.0065. Display of License

Section 142.007. Notice of Drug Testing Policy

Section 142.008. Branch Office

Section 142.0085. Alternate Delivery Site License

Section 142.009. Surveys; Consumer Complaints

Section 142.0091. Training

Section 142.0092. Consumer Complaint Data

Section 142.0093. Retaliation Prohibited

Section 142.0094. Use of Regulatory Survey Reports and Other Documents

Section 142.0095. Investigations of Home and Community Support Services Agencies Providing Hospice Services

Section 142.010. Fees

Section 142.0104. Change in Application Information

Section 142.0105. License Renewal

Section 142.011. Denial, Suspension, or Revocation of License

Section 142.012. Powers and Duties

Section 142.013. Injunction

Section 142.014. Civil Penalty

Section 142.0145. Violation of Law Relating to Advance Directives

Section 142.017. Administrative Penalty

Section 142.0171. Notice; Request for Hearing

Section 142.0172. Hearing; Order

Section 142.0173. Notice and Payment of Administrative Penalty; Judicial Review; Refund

Section 142.0174. Use of Administrative Penalty

Section 142.0175. Expenses and Costs for Collection of Civil or Administrative Penalty

Section 142.018. Reports of Abuse, Exploitation, or Neglect

Section 142.019. Certain Physician Referrals Prohibited

Section 142.020. Disposal of Special or Medical Waste

Section 142.0201. Registration for Evacuation; Disaster Preparedness