Texas Health and Safety Code 242.0385 – Early Compliance Review
(a) The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify an institution may submit building plans to the department for review for compliance with the department’s architectural requirements before beginning construction or modification. In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans.
(b) The department shall, within 30 days, review plans submitted under this section for compliance with the department’s architectural requirements and inform the person in writing of the results of the review. If the plans comply with the department’s architectural requirements, the department may not subsequently change the architectural requirements applicable to the project unless:
(1) the change is required by federal law; or
(2) the person fails to complete the project within a reasonable time.
Terms Used In Texas Health and Safety Code 242.0385
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) The department may charge a reasonable fee for conducting a review under this section.
(d) A fee collected under this section shall be deposited in the general revenue fund.
(e) The review procedure provided by this section does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced.