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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) A person is a controlling person if the person, 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 home and community support services agency or other person.
(b) For purposes of this chapter, “controlling person” includes:
(1) a management company or other business entity that operates or contracts with others for the operation of a home and community support services agency;
(2) a person who is a controlling person of a management company or other business entity that operates a home and community support services agency or that contracts with another person for the operation of a home and community support services agency; and
(3) any other individual who, because of a personal, familial, or other relationship with the owner, manager, or provider of a home and community support services agency, is in a position of actual control or authority with respect to the agency, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the agency.
(c) A controlling person described by Subsection (b)(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 home and community support services agency.
(d) The executive commissioner may adopt rules that specify the ownership interests and other relationships that qualify a person as a controlling person.
Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 142.0012. Controlling Person - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-142-0012/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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