Sec. 242.0385. EARLY COMPLIANCE REVIEW. (a) The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify an institution may submit building plans to the department for review for compliance with the department's architectural requirements before beginning construction or modification. In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans.
(b) The department shall, within 30 days, review plans submitted under this section for compliance with the department's architectural requirements and inform the person in writing of the results of the review. If the plans comply with the department's architectural requirements, the department may not subsequently change the architectural requirements applicable to the project unless:
(1) the change is required by federal law; or
(2) the person fails to complete the project within a reasonable time.
(c) The department may charge a reasonable fee for conducting a review under this section.
(d) A fee collected under this section shall be deposited in the general revenue fund.
(e) The review procedure provided by this section does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced.
Added by Acts 2001, 77th Leg., ch. 339, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0604, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter B. Licensing, Fees, and Inspections
Section 242.031. License Required
Section 242.032. License or Renewal Application
Section 242.033. Issuance and Renewal of License
Section 242.0336. Temporary Change of Ownership License
Section 242.035. Licensing Categories
Section 242.037. Rules; Minimum Standards
Section 242.0371. Notice of Certain Employment Policies
Section 242.0373. Restraint and Seclusion
Section 242.038. Reasonable Time to Comply
Section 242.0385. Early Compliance Review
Section 242.039. Fire Safety Requirements
Section 242.0395. Registration With Texas Information and Referral Network
Section 242.0405. Notice of Alzheimer's Disease and Related Disorders Certification
Section 242.041. False Communication Concerning Certification; Criminal Penalty
Section 242.044. Unannounced Inspections
Section 242.0441. Follow-Up Inspections
Section 242.0442. Commission Evaluation of Regulatory Capacity
Section 242.0445. Reporting of Violations
Section 242.045. Disclosure of Unannounced Inspections; Criminal Penalty
Section 242.047. Accreditation Review to Satisfy Inspection or Certification Requirements
Section 242.048. Licensing Surveys
Section 242.049. Quality Improvement