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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of an administrative penalty that may be |
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assessed against an  assisted living facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 247.0451(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 247.0452(c), the penalty |
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may not exceed: |
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(1) $5,000 for each violation committed by or in |
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relation to an assisted living facility with at least 17 beds that: |
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(A) represents a pattern of violation that |
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results in actual harm or is widespread in scope and results in |
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actual harm; or |
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(B) constitutes an immediate threat to the health |
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or safety of a resident; |
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(2) $1,000 for each violation committed by or in |
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relation to an assisted living facility with fewer than 17 beds |
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that: |
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(A) represents a pattern of violation that |
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results in actual harm or is widespread in scope and results in |
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actual harm; or |
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(B) constitutes an immediate threat to the health |
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or safety of a resident; or |
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(3) [(2)] $1,000 for each other violation. |
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SECTION 2. The change in law made by this Act applies only |
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to an administrative penalty for which notice of violation under |
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Section 247.0453(c), Health and Safety Code, is given on or after |
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the effective date of this Act. An administrative penalty for which |
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notice of violation under Section 247.0453(c), Health and Safety |
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Code, is given before the effective date of this Act is governed by |
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the law as it existed immediately before that date, and that law is |
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continued in effect for this purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |