Tex. Codes » Human Resources Code · TITLE 8. RIGHTS AND RESPONSIBILITIES OF PERSONS WITH DISABILITIES · CHAPTER 123. COMMUNITY HOMES FOR PERSONS WITH DISABILITIES
Texas Codes

Tex. Hum. Res. Code § 123.004 (2026)

Qualification As Community Home

✓ current as of May 2026
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Sec. 123.004. QUALIFICATION AS COMMUNITY HOME. To qualify as a community home, an entity must comply with Sections 123.005 through 123.008 and be:

(1) a community-based residential home operated by:

(A) the Department of Aging and Disability Services;

(B) a community center organized under Subchapter A, Chapter 534, Health and Safety Code, that provides services to persons with disabilities;

(C) an entity subject to the Texas Nonprofit Corporation Law as described by Section 1.008(d), Business Organizations Code; or

(D) an entity certified by the Department of Aging and Disability Services as a provider under the ICF-IID medical assistance program; or

(2) an assisted living facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991. Amended by Acts 1997, 75th Leg., ch. 491, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 233, Sec. 6, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.432, eff. April 2, 2015.

Notes of Decisions
Cited in 4 cases, 1994–2009 · leading case: Deep East Texas Reg'l Mental Health & Mental Retardation Servs. v. Kinnear, 877 S.W.2d 550 (Tex. App. 1994).
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Deep East Texas Reg'l Mental Health & Mental Retardation Servs. v. Kinnear, 877 S.W.2d 550 (Tex. App. 1994). · cites it 3× “The qualifications to meet the status of a “community home” are set out in Tex.Hum. Res.Code Ann. § 123.004. Subsection (b) of § 123.”
Meehl v. Wise, 285 S.W.3d 561 (Tex. App. 2009). “TEX. HUM. RES. CODE ANN. § 123.004. Although there is no evidence that Mark and Debra Meehl fulfill these requirements, it is undisputed that the Foundation is an entity subject to the Texas Non-Profit Corporation Act.”
City of Friendswood v. Registered Nurse Care Home, 965 S.W.2d 705 (Tex. App. 1998). “Tex.Hum.Res.Code § 123.004(2) (1998). A personal care facility is defined as an establishment that (1) furnishes food and shelter to four or more persons unrelated to the proprietor, and (2) provides personal care services, including assistance with meals, dressing, movement,…”
Barbara Lund & Westlake Assisted Living, L.L.C. v. Dennis Leibl & Annette Leibl (Tex. App. 1999). “" Tex. Hum. Res. Code Ann. § 123.004 (2) (West Supp.”
— Tex. Hum. Res. Code § 123.004(2) — 1 case
City of Friendswood v. Registered Nurse Care Home, 965 S.W.2d 705 (Tex. App. 1998). “Tex.Hum.Res.Code § 123.004(2) (1998). A personal care facility is defined as an establishment that (1) furnishes food and shelter to four or more persons unrelated to the proprietor, and (2) provides personal care services, including assistance with meals, dressing, movement,…”
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