Texas § HS.252.093 - INVOLUNTARY APPOINTMENT

§ HS.252.093. INVOLUNTARY APPOINTMENT

INVOLUNTARY APPOINTMENT. (a) The department may request the attorney general to bring an action on behalf of the state for the appointment of a trustee to operate a facility if: (1) the facility is operating without a license; (2) the department has suspended or revoked the facility's license; (3) license suspension or revocation procedures against the facility are pending and the department determines that an imminent threat to the health and safety of the residents exists; (4) the department determines that an emergency exists that presents an immediate threat to the health and safety of the residents; or (5) the facility is closing and arrangements for relocation of the residents to other licensed facilities have not been made before closure. (b) A trustee appointed under Subsection (a)(5) may only ensure an orderly and safe relocation of the facility's residents as quickly as possible. (c) After a hearing, a court shall appoint a trustee to take charge of a facility if the court finds that involuntary appointment of a trustee is necessary. (d) If possible, the court shall appoint as trustee an individual whose background includes intellectual disability service administration. (e) An action under this section must be brought in Travis County or the county in which the violation is alleged to have occurred. Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 192, Sec. 2, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.0791, eff. April 2, 2015. Sec. 252.094. FEE; RELEASE OF MONEY. (a) A trustee appointed under this subchapter is entitled to a reasonable fee as determined by the court. (b) The trustee may petition the court to order the release to the trustee of any payment owed the trustee for care and services provided to the residents if the payment has been withheld, including a payment withheld by a governmental agency or other entity during the appointment of the trustee, such as payments: (1) for Medicaid or insurance; (2) by a third party; or (3) for medical expenses borne by the residents. Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.