GENERALLY

Houston Code of Ordinances ch. 28, art. XIV, div. 1

in effect

Houston Code of Ordinances § 28-451 Definitions.

Sec. 28-451. - Definitions. As used in this article, the following words, terms and phrases shall have the meanings assigned to them in this section, unless the context of their usage clearly indicates a different meaning: Assistance with self-administration of medication means assisting a resident by reminding the resident to take medication, opening and removing medications from a container, or reminding the resident when a prescription medication needs to be refilled. Boarding home or boarding home facility means an establishment that: (1) Furnishes, in one or more buildings, lodging to three or more persons with disabilities or elderly persons who are unrelated to the owner of the establishment by blood or marriage; and (2) Provides residents with community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication, but does not provide personal care services as defined by Section 247.002 of the Texas Health and Safety Code to those persons. Business day means the city's standard days of operation; 8:00 a.m. to 5:00 p.m., Monday through Friday, but shall exclude any day designated as an official city holiday or for which the operations of the city have been reduced or closed due to any unforeseen circumstance or emergency. Department means Houston Public Works. Director means the director of the department and the director's designees. Elderly person means a person who is 65 years of age or older. Employee means a person who regularly works in a boarding home facility. Hearing officer means an individual designated by the director to conduct administrative appeal hearings. Operator means the person in control of a boarding home facility. Owner means the proprietor if a sole proprietorship, all general partners if a partnership, or the corporation and all officers, directors, and persons holding 50 percent or more of the outstanding shares of the corporation, if a corporation. Permit means a current, valid permit issued by the director pursuant to the terms of this article to an operator for a boarding home facility. Person with a disability means a person with a mental, physical, intellectual or developmental disability that substantially impairs the person's ability to provide adequately for the person's care or protection and who is: (1) 18 years of age or older; or (2) Less than 18 years of age and who has had the disabilities of minority removed. Resident means a person who is residing in a boarding home facility. (Ord. No. 2018-225, § 2(Exh. A), 3-22-2018)

Houston Code of Ordinances § 28-452 Scope.

Sec. 28-452. - Scope. This article applies to all boarding home facilities as defined in this article, regardless of when they began operation, except as otherwise provided by this article. (Ord. No. 2018-225, § 2(Exh. A), 3-22-2018)

Houston Code of Ordinances § 28-453 Previously registered boarding homes.

Sec. 28-453. - Previously registered boarding homes. A boarding home that is operating under a current and valid registration certificate on March 22, 2018, shall come into full compliance with this article by October 1, 2019. (Ord. No. 2018-225, § 2(Exh. A), 3-22-2018)

Houston Code of Ordinances § 28-454 Exemptions.

Sec. 28-454. - Exemptions. This article does not apply to: (1) Home and community support services licensed under Texas Health and Safety Code Chapter 142, as amended. (2) Convalescent and nursing facilities and related institutions licensed under Texas Health and Safety Code Chapter 242, as amended. (3) Continuing care facilities licensed under Texas Health and Safety Code Chapter 246, as amended. (4) Assisted living facilities licensed under Texas Health and Safety Code Chapter 247, as amended. (5) Intermediate care facilities for individuals with an intellectual disability licensed under Texas Health and Safety Code Chapter 252, as amended. (6) A person who provides home health, hospice, habilitation, or personal assistance services only to persons receiving benefits under: a. The home and community-based services (HCS) waiver program; b. The Texas home living (TxHmL) waiver program; c. The STAR + PLUS or other Medicaid managed care program under the program's HCS or TxHmL certification; or d. Texas Government Code Section 534.152. (7) An establishment conducted by or for the adherents of a well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules as described in Texas Health and Safety Code Section 242.003(3), as amended. (8) A facility that provides personal care services only to persons enrolled in a program that is funded in whole or in part by the Texas Department of Health and Human Services (HHS) and that is monitored by HHS or its designated local intellectual and developmental disability authority in accordance with standards set by HHS or is funded in whole or in part by the Texas Department of State Health Services and that is monitored by that department or by its designated local mental health authority in accordance with standards set by HHS, as described in Texas Health and Safety Code Section 247.004(4), as amended. (9) A hotel as defined by Texas Tax Code Section 156.001, as amended. (10) A retirement community as defined by Texas Tax Code Section 11.18, as amended. (11) The living quarters or dwelling units for a religious order or for the congregation of persons under religious vows, such as a monastery or convent. (12) A child-care facility as defined by Texas Human Resources Code Section 42.002, as amended. (13) A family violence shelter center as defined by Texas Human Resources Code Section 51.002, as amended. (14) A fraternity or sorority house, or other dormitory, associated with an institution of higher education. (15) A multi-family rental building, as defined in section 10-152 of this Code. (Ord. No. 2018-225, § 2(Exh. A), 3-22-2018)

Houston Code of Ordinances § 28-455 Rules; forms.

Sec. 28-455. - Rules; forms. The director may issue rules and regulations for the operation of this article and shall promulgate application and permit forms. A copy of the forms, rules, and procedures, if any, shall be maintained in the office of the director or on the city's web site for inspection, and copies may be purchased at the fee prescribed by law. (Ord. No. 2018-225, § 2(Exh. A), 3-22-2018)

Houston Code of Ordinances § 28-456 Notices.

Sec. 28-456. - Notices. (a) Any notice required or permitted to be given by the director or any other city office, division, department or other agency under this article to any applicant, operator or owner of a boarding home may be given by personal delivery, electronic mail, or United States mail, postage prepaid, addressed to the most recent address as specified in the application for the permit most recently received by the director, or any notice of address change most recently received by the director. Notices mailed as above shall be deemed given upon their deposit in the United States mail. (b) Any notice required or permitted to be given to the director by any person under this article shall not be deemed given until and unless it is received in the office of the director. (c) It shall be the duty of each owner who is designated on the permit application and each operator to furnish notice to the director in writing of any change of residence or mailing address. (Ord. No. 2018-225, § 2(Exh. A), 3-22-2018)

Houston Code of Ordinances § 28-457 Penalty; continuing violations.

Sec. 28-457. - Penalty; continuing violations. (a) Violation of any provision of this article shall be punishable by a fine of $500.00. Each day any violation continues shall constitute and be punishable as a separate offense. (b) The revocation of any permit shall not prohibit the imposition of a criminal penalty, and the imposition of a criminal penalty shall not prevent the revocation or suspension of a permit. (Ord. No. 2018-225, § 2(Exh. A), 3-22-2018)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTXIVBOHO_DIV1GEFetched: 10/26/2026