Boarding Home Facility

View of the front of a brick house with a mowed lawn and trees in front of the house

Homes that meet the criteria for a Boarding Home are required to obtain a permit prior to operating.

What Is a Boarding Home Facility?

Health and Safety Code 260.001 defines a Boarding Home Facility as an establishment that:

  • Furnishes, in one or more buildings, lodging for three or more persons with disabilities or elderly who are unrelated to the owner of the establishment by blood or marriage; and
  • provides a variety of services, such as:
    •  Community meals

    • Light housework

    • Meal preparation

    • Transportation

    • Grocery shopping

    • Money management

    • Laundry services

    • Assistance with self-administration of medication but does not provide any personal care services

 

What Types of Businesses are Exempt from the Boarding Home Ordinance?

This does not apply to the following:

  • person that is required to be licensed under Chapter 142, 242, 246, 247, or 252 of the Texas Health and Safety Code;

  • a person that is exempt from licensing under Section 142.003(a)(19) or (20), 242.003(3), or 247.004(4) of the Texas Health and Safety Code;

  • a hotel as defined by Section 156.001, Tax Code;

  • a retirement community, as defined by Section 11.18 of the Texas Tax Code;

  • a monastery or convent;

  • a child-care facility as defined by Section 42.002, Human Resources Code;

  • a family violence shelter center as defined by Section 51.002, Human Resources Code;

  • a sorority or fraternity house or other dormitory associated with an institution of higher education; or

  • any other person or facility exempt from the requirements of Chapter 260, as amended

 

Apply for a Permit

Application Process

What information do I need?

  • Government issued ID: Valid copy of government-issued photo ID for each owner, operator, employee, and volunteer.

  • List of Owners / Operators / Employees / Volunteers: List with the names, roles, and contact information of all owners, operators, and employees affiliated with the boarding home.

  • Entity Documents: LLC, corporation, or other legal entity, please submit proof of registration and entity documents (e.g., Articles of Incorporation).

  • Property Rental Agreement / Proof of Home Ownership: Current rental or lease agreement that shows you have the legal right to operate a boarding home at the proposed location. If you own the property, submit a tax billing statement or TAD document.

  • Criminal History Check Authorization form: Release forms authorizing the City to obtain a state and or federal criminal history report for all owners, operators, employees, and volunteers.

  • Zoning verification letter: stating the proposed use of the property complies with the city’s Unified Development Code

  • Failure to report affidavit: affidavits for all owners, operators, employees, and volunteers acknowledging failure to report penalty

Property Standards and Inspections

Compliance with Model Rules Required

The model rules, as amended, are adopted. Failure to comply with the Model Rules, as amended, is an offense.

What required inspections are done of Boarding Home Facilities?

  • Permitting Inspections
  • Annual permit renewal inspections
  • Annual fire inspection; and
  • Annual kitchen inspection

Other inspections:

·      Exterior of a structure and the surrounding premises; and

·      The interior of a structure if the permission of the owner, occupant, or person In control is given or a search warrant is obtained

Are Boarding Home Facility Inspections announced or unannounced?

Permitting Inspections and certain types of Follow-up Inspections may be announced or scheduled.  All other types of inspections are unannounced.  Unannounced inspections allow the inspectors to observe the Boarding Home Facility in the normal mode of operation. 

 

Permitting Resources

What are the fees?

  • Initial Boarding Home Facility permit application Fee:  $1,400
  • Annual Boarding Home Facility permit renewal Fee:  $1,000
  • If needed, Boarding Home Facility Reinspection Fee:  $100

No refund of a permit application or renewal fee will be made

How often does my permit need to be renewed?

A permit to operate a boarding home facility expires one year from the date of issuance. A  permit holder shall apply for renewal at least thirty (30) calendar days before the expiration of the permit.  

Will my permit transfer if I move my boarding home facility to a different property, add more properties, or sell my boarding home to another operator?

No. A permit to operate a Boarding Home Facility is not transferable to another owner, operator, or location 

Ordinance