(a) Basic fees.
(1) Type A, Type B, and Type E. The license fee is $200, plus $10 for each bed for which a
license is sought, with a maximum of $1,500. The license fee for a one-year license issued in
accordance with §92.15(b)(1) of this chapter (relating to Renewal Procedures and Qualifications)
is $100, plus $5 for each bed for which a license is sought, with a maximum of $750. The fee
must be paid with each initial application and with each renewal application.
(2) Type C. The license fee is $100. The license fee for a one-year license issued in accordance
with §92.15(b)(1) of this chapter is $50. The fee must be paid with each initial application and
with each renewal application.
(3) Increase in capacity. An approved increase in capacity is subject to an additional fee of $10
for each bed.
(b) Late renewal fee. An applicant that submits an application for license renewal later than the
45th day before the expiration date of the license must pay a late fee of an amount equal to onehalf of the basic fee required in accordance with subsection (a)(1) and (2) of this section.
(c) Alzheimer’s certification. In addition to the basic license fee described in subsection (a) of this section, a facility that applies for certification as an Alzheimer’s facility under Subchapter C of this chapter (relating to Standards for Licensure) must pay an additional license fee.
The additional fee is $200, except the additional fee for a facility renewing its Alzheimer’s
certification in accordance with §92.51(f)(1) of this chapter (relating to Licensure of Facilities
for Persons with Alzheimer’s Disease) is $100 for the first renewal beginning September 1, 2008.
(d) Trust fund fee.
(1) If the amount in the assisted living facility trust fund, established under Texas Health and
Safety Code, Chapter 242, Subchapter D, and Chapter 247, §247.003(b), is less than $500,000, 17 DADS collects an annual fee from each facility. The fee is based on a monetary amount specified for each licensed unit of capacity or bed space and is in an amount sufficient to
provide not more than $500,000 in the trust fund. When the trust fund fee is collected, DADS sends written notice to each facility stating the amount of the fee and the date the fee is due. A facility must pay the amount of the fee within 90 days after the date the fee is due.
(2) DADS may charge and collect a trust fund fee more than once a year if necessary to ensure that the amount in the assisted living facility trust fund is sufficient to make the disbursements required under Texas Health and Safety Code, §242.0965. When this subsequent trust fund fee is collected, DADS sends written notice to each facility stating the amount of the fee and the date
the fee is due. A facility must pay the amount of the fee within 90 days after the date the fee is due.
(3) Failure to pay the trust fund fee within 90 days after the date the fee is due as stated on the written notice described in paragraphs (1) and (2) of this subsection may result in an assessment of an administrative penalty under the administrative penalties described in Subchapter H, Division 9 of this chapter (relating to Administrative Penalties).
(e) Plan review fee. An applicant may submit building plans for a new building, an addition, the
conversion of a building not licensed, or for the remodeling of an existing licensed facility for
review by DADS architectural staff. If the applicant chooses to submit building plans for review,
the applicant must pay a fee for the plan review according to the following schedule:
Building Plan Review Fees – For information about document accessibility, contact DADS at
ha**************@da**.us.
(f) Payment of fees. Payment of fees must be by check, cashier’s check, or money order made
payable to the Department of Aging and Disability Services. All fees are nonrefundable, except
as provided in Texas Government Code, Chapter 2005, and in §92.13(d) of this chapter (relating
to Time Periods for Processing All Types of License Applications).
(g) Expedited Life Safety Code and physical plant inspection fee. An applicant may obtain a Life
Safety Code and physical plant inspection within 15 business days after DADS receives a written
request for an expedited inspection if:
(1) the applicant:
(A) meets the criteria in §92.14 of this chapter (relating to Initial License Application Procedures
and Requirements); or
(B) has a current license, and is completing construction that does not alter the capacity of the facility; and
(2) the applicant submits the appropriate Life Safety Code fee listed in the following schedule.18
Expedited Life Safety Code and Physical Plant Inspection Fees – For information about
document accessibility, contact DADS at ha**************@da**.us.
(h) If, after DADS conducts two Life Safety Code inspections for a given application, and the
applicant requests an additional inspection, then the applicant must pay a fee of $25 per bed, with
a minimum payment of $1,000 for the third and each subsequent inspection pertaining to the
same application.