(a) Except as specified in subsection (b) of this section,
the following general residential operations located in a county with
a population of less than 300,000 must meet the public notice and
hearing requirements:
(1) Any general residential operation applying for
a license;
(2) Any general residential operation requesting to
amend its permit to increase capacity; and
(3) A general residential operation that does not currently
provide treatment services to children with emotional disorders but
is requesting to amend its permit to begin providing treatment services
to children with emotional disorders.
(b) A general residential operation that applies to
provide services under Chapter 748 of this title, Subchapter V (relating
to Additional Requirements for Operations that Provide Trafficking
Victim Services) is exempt from any public notice and hearing requirements
in subsection (a) of this section, unless the general residential
operation intends to provide or provides treatment services to children
with emotional disorders.
(c) Notwithstanding the exemption provided in subsection
(b) of this section, if the operation never provides or ceases to
provide trafficking victim services, then the operation must meet
the public notice and hearing requirements. To meet public notice
and hearing requirements, the operation may need to surrender its
permit or withdraw its application, as applicable, and reapply.
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Source Note: The provisions of this §745.273 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective December 1, 2012, 37 TexReg 9127; amended to be effective March 1, 2016, 41 TexReg 1123; amended to be effective July 29, 2018, 43 TexReg 4472; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437 |