(a) A person holding a controlling interest in a facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager in accordance with Health and Safety Code, §251.091.
(b) After receiving the request, the department may enter into an agreement providing for the appointment of a temporary manager to manage the facility under conditions considered appropriate by both parties, if the department considers the appointment desirable.
(c) An agreement under this section shall:
  (1) specify all terms and conditions of the temporary manager's appointment and authority; and
  (2) preserve all rights of individuals served by the facility granted by law.
(d) The primary duty of the temporary manager is to ensure that adequate and safe services are provided to patients until temporary management ceases.
(e) The appointment terminates at the time specified by the agreement.

Source Note: The provisions of this §117.82 adopted to be effective July 6, 2010, 35 TexReg 5835