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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745 - LICENSING
SUBCHAPTER D - APPLICATION PROCESS
SECTION/RULE §745.437 - What is a change in the ownership of an operation?
Chapter Review Date 08/26/2024

(a) A change in ownership of an operation occurs when:(1) The owner stated on the license no longer owns the operation;(2) The governing body stated on the license no longer has the ultimate authority and responsibility for the operation;(3) There is a change in the legal organizational structure of the operation; or(4) A business entity that is a permit holder is sold or otherwise acquired by one or more persons or business entities, except as set forth in subsection (b) of this section.(b) A change in ownership of an operation does not include the acquisition of the publicly traded stock of a business entity if the following conditions exist:(1) The business entity listed on the application and on the permit will continue to own and operate the operation following acquisition;(2) There will be no change in the operation's policy or procedure because of the transaction;(3) There will be no change in the staff who have contact with children in care because of the transaction; and(4) Any change in the day-to-day operations that might occur after the sale is in the ordinary course of business and not as a result of the stock transaction.

Source Note: The provisions of this §745.437 adopted to be effective January 1, 2007, 31 TexReg 9333; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437.

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