Texas Health and Safety Code
§ 252.0311 — PERSON INELIGIBLE FOR LICENSE
HS § 252.0311Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 252. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY · Art. B. LICENSING, FEES, AND INSPECTIONS
Statute text
View on source(a)In this section, "controlling person" means a person who, acting alone or with others, has the ability to directly or indirectly influence, direct, or cause the direction of the management, expenditure of money, or policies of a facility or a person who operates a facility. The term includes:
(1)a management company or other business entity that operates or contracts with others for the operation of a facility;
(2)a person who is a controlling person of a management company or other business entity that operates a facility or that contracts with another person for the operation of a facility; and
(3)any other individual who, because of a personal, familial, or other relationship with the owner, manager, or provider of a facility, is in a position of actual control or authority with respect to the facility, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility.
(b)A controlling person described by Subsection (a)(3) does not include an employee, lender, secured creditor, or other person who does not exercise formal or actual influence or control over the operation of a facility.
(c)The executive commissioner may adopt rules that specify the ownership interests and other relationships that qualify a person as a controlling person.
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Legislative history
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0777, eff. April 2, 2015.