(a) A contractor that has a contract for the HCS Program, the TxHmL Program, the CLASS Program, or the DBMD Program must:
  (1) in a building or a portion of a building that is owned or leased by the contractor and in which the contractor provides day habilitation in the HCS Program, the TxHmL Program, or the DBMD Program or provides prevocational services in the CLASS Program:
    (A) conduct, at least once every 90 days, a fire drill during which individuals evacuate the building; and
    (B) prominently post, in an area of the building that is readily accessible to individuals, employees, subcontractors, volunteers, and visitors, a notice of the requirement to report an allegation of abuse, neglect, or exploitation of an individual and how to report such an allegation to the DFPS toll free telephone number at 1-800-647-7418; and
  (2) have an emergency response plan for individuals while receiving day habilitation or prevocational services in the building.
(b) If a contractor described in subsection (a) of this section has a written agreement required by §49.308 of this subchapter (relating to Subcontracts) with a subcontractor to provide day habilitation in the HCS Program, the TxHmL Program, or the DBMD Program or provide prevocational services in the CLASS Program and the day habilitation or prevocational services are provided in a building or a portion of a building the subcontractor owns or leases, the written agreement must include the following provisions:
  (1) that the subcontractor must conduct, at least once every 90 days, a fire drill during which individuals evacuate the building;
  (2) that the subcontractor must have an emergency response plan for individuals while receiving day habilitation or prevocational services in the building;
  (3) that the subcontractor must prominently post, in an area of the building that is readily accessible to individuals, employees, subcontractors, volunteers, and visitors, a notice of the requirement to report an allegation of abuse, neglect, or exploitation of an individual and how to report such an allegation to the DFPS toll free telephone number at 1-800-647-7418;
  (4) that the subcontractor, in accordance with §49.304 of this subchapter (relating to Background Checks), must conduct background checks on the subcontractor's employees, subcontractors, and volunteers who provide day habilitation or prevocational services; and
  (5) that the subcontractor must:
    (A) for an individual in the HCS Program, provide day habilitation in accordance with the individual's implementation plan as defined in §9.153 of this title (relating to Definitions) and keep a copy of the plan in the building;
    (B) for an individual in the TxHmL Program, provide day habilitation in accordance with the individual's implementation plan as defined in §9.553 of this title (relating to Definitions) and keep a copy of the plan in the building;
    (C) for an individual in the CLASS Program, provide prevocational services in accordance with the individual's IPP as defined in §45.103 of this title (relating to Definitions) and keep a copy of the IPP in the building; and
    (D) for an individual in the DBMD Program, provide day habilitation in accordance with the individual's IPP as defined in §42.103 of this title (relating to Definitions) and keep a copy of the IPP in the building.

Source Note: The provisions of this §52.125 adopted to be effective September 28, 2016, 41 TexReg 7514; transferred effective April 29, 2024, as published in the March 29, 2024, issue of the Texas Register, 49 TexReg 2091