| (a) Scope of section. No person may apply for a license,
change of ownership, increase in capacity, or renewal of a license
to operate or maintain a facility without making a disclosure of information
as required in this section.
(b) Disclosure form. All applications must be made
on forms prescribed by and available from DADS. Each application must
be completed in accordance with DADS instructions, signed, and notarized.
(c) General information required.
(1) For initial applications and change of ownership
only, evidence of the right to possession of the facility at the time
the application will be granted, which may be satisfied by the submission
of applicable portions of a lease agreement, deed or trust, or appropriate
legal document, must be filed with DADS. The names and addresses of
any persons or organizations listed as owner of record in the real
estate, including the buildings and grounds appurtenant to the buildings,
must be disclosed to DADS.
(2) The certificate of account status issued by the
Comptroller of Public Accounts must be filed for an initial application,
a change of ownership, or a renewal.
(3) The certificate of incorporation issued by the
Secretary of State for a corporation or a copy of the partnership
agreement for a partnership must be filed for an initial application
or a change of ownership.
(4) At the request of DADS, an applicant or license
holder must provide to DADS any additional background information
within 30 days after DADS' request.
(d) License issued in fiduciary capacity. The provisions
of this section do not apply to a bank, trust company, financial institution,
title insurer, escrow company, or underwriter title company to which
a license is issued in a fiduciary capacity except for provisions
that require disclosure relating to the manager of the facility.
|
| Source Note: The provisions of this §559.13 adopted to be effective August 31, 1993, 18 TexReg 2726; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
