Tex. Health & Safety Code § 246.091 · Subchapter E. SUPERVISION, REHABILITATION, AND LIQUIDATION
SUPERVISION BY COMMISSIONER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commissioner may place a provider or facility under supervision if:
(1) the provider draws on the provider's entrance fee escrow in an amount greater than permitted by Section 246.073;
(2) the provider draws on the provider's loan reserve fund escrow in an amount greater than permitted or more frequently than permitted by Section 246.078;
(3) the commissioner determines, after a complaint and investigation, that the provider is financially unsound or is unable to meet the income or available cash projections previously filed by the provider and that the ability of the provider to fully perform its obligations under continuing care contracts is endangered; or
(4) the provider is bankrupt, insolvent, or has filed for protection from creditors under a federal or state reorganization, bankruptcy, or insolvency law.
(b) The commissioner appoints the supervisor.
(c) The commissioner may provide that the provider may not, during the supervision period and without the prior approval of the commissioner or the supervisor:
(1) dispose of, convey, or encumber its assets;
(2) withdraw its bank accounts;
(3) lend its funds;
(4) invest its funds;
(5) transfer its property;
(6) incur a debt, obligation, or liability; or
(7) merge or consolidate with another facility.
(d) The commissioner shall terminate the supervision and restore to a provider the authority to manage the affairs of the facility if the commissioner determines that the facility is capable of meeting its financial obligations.
(e) The facility or provider shall pay the costs of a supervisor.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 111, eff. Sept. 1, 1991.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.246.htm
- Text hash
- sha256 11c2f3a86f5121ae57089e9ea62a24abca522ec26ec9b4123dd1f025a86d3b28
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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