73R8408 CLG-D
By McCall H.B. No. 1345
Substitute the following for H.B. No. 1345:
By Delisi C.S.H.B. No. 1345
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing of adult day-care facilities; providing a
1-3 criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 103, Human Resources Code, is amended by
1-6 adding Sections 103.0041, 103.0091, and 103.0092 to read as
1-7 follows:
1-8 Sec. 103.0041. LICENSE REQUIRED. (a) A person may not
1-9 operate an adult day-care facility without a license issued under
1-10 this chapter.
1-11 (b) A person commits an offense if the person violates
1-12 Subsection (a) of this section. An offense under this subsection
1-13 is a Class A misdemeanor.
1-14 Sec. 103.0091. INJUNCTION. (a) The Texas Department of
1-15 Health may petition a district court for a temporary restraining
1-16 order to restrain a continuing violation of the standards or
1-17 licensing requirements provided under this chapter if the Texas
1-18 Department of Health finds that the violation creates an immediate
1-19 threat to the health and safety of the adult day-care residents.
1-20 (b) A district court, on petition of the Texas Department of
1-21 Health and on a finding by the court that a person is violating the
1-22 standards or licensing requirements provided under this chapter,
1-23 may by injunction:
1-24 (1) prohibit a person from continuing a violation of
2-1 the standards or licensing requirements provided under this
2-2 chapter;
2-3 (2) restrain or prevent the establishment or operation
2-4 of a facility without a license issued under this chapter; or
2-5 (3) grant any other injunctive relief warranted by the
2-6 facts.
2-7 (c) The attorney general may institute and conduct a suit
2-8 authorized by this section at the request of the Texas Department
2-9 of Health.
2-10 (d) Venue for a suit brought under this section is in the
2-11 county in which the facility is located or in Travis County.
2-12 Sec. 103.0092. EMERGENCY SUSPENSION AND CLOSING ORDER. (a)
2-13 If the Texas Department of Health finds an adult day-care facility
2-14 operating in violation of the standards prescribed by this chapter
2-15 and the violations create an immediate threat to the health and
2-16 safety of a resident in the facility, the Texas Department of
2-17 Health shall suspend the license or order immediate closing of all
2-18 or part of the facility.
2-19 (b) The order suspending a license under Subsection (a) is
2-20 immediately effective on written notice to the license holder or on
2-21 the date specified on the order.
2-22 (c) The order suspending the license and ordering closure of
2-23 all or part of a facility is valid for 10 days after the effective
2-24 date.
2-25 SECTION 2. Subdivisions (1) and (2), Section 103.003, Human
2-26 Resources Code, are amended to read as follows:
2-27 (1) "Adult day-care facility" means a facility that
3-1 provides <counseling, recreation, or food or any combination of
3-2 these> services under an adult day-care program on a daily or
3-3 regular basis but not overnight to four or more elderly or
3-4 handicapped persons who are not related by blood, marriage, or
3-5 adoption to the owner of the facility.
3-6 (2) "Adult day-care program" means a structured,
3-7 comprehensive program that is designed to meet the needs of adults
3-8 with functional impairments through an individual plan of care by
3-9 providing health, social, and related support services in a
3-10 protective setting <"Adult day health care facility" means a
3-11 facility that provides health care or physical therapy or both and
3-12 that may also provide adult day-care services on a daily or regular
3-13 basis but not overnight to four or more elderly or handicapped
3-14 persons who are not related by blood, marriage, or adoption to the
3-15 owner of the facility>.
3-16 SECTION 3. Section 103.006(a), Human Resources Code, is
3-17 amended to read as follows:
3-18 (a) The Texas Department of Health shall issue a license to
3-19 operate an adult day-care facility <or an adult day health care
3-20 facility> to a person who has met the application requirements and
3-21 received approval after an on-site inspection.
3-22 SECTION 4. Section 103.007(a), Human Resources Code, is
3-23 amended to read as follows:
3-24 (a) An applicant for a license to operate an adult day-care
3-25 <or an adult day health care> facility must file an application on
3-26 a form prescribed by the Texas Department of Health together with a
3-27 license fee of $25.
4-1 SECTION 5. Section 103.009, Human Resources Code, is amended
4-2 to read as follows:
4-3 Sec. 103.009. LICENSE DENIAL, SUSPENSION, OR REVOCATION.
4-4 (a) The Texas Department of Health may deny, suspend, or revoke
4-5 the license of an applicant or holder of a license who fails to
4-6 comply with the rules or standards for licensing required by this
4-7 chapter.
4-8 (b) The denial, suspension, or revocation of a license and
4-9 the appeal from that action are governed by the procedures for a
4-10 contested case hearing under the Administrative Procedure and Texas
4-11 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)
4-12 <Texas Department of Health may revoke or suspend a license to be
4-13 effective immediately when the health and safety of persons
4-14 attending a facility are threatened. A person whose license is
4-15 suspended or revoked under this subsection is entitled to a hearing
4-16 within seven days after the effective date of the suspension or
4-17 revocation>.
4-18 SECTION 6. Section 103.011, Human Resources Code, is amended
4-19 to read as follows:
4-20 Sec. 103.011. RIGHTS OF THE ELDERLY. (a) In addition to
4-21 other rights an individual attending an adult day care facility <or
4-22 an adult day health care facility> has as a citizen, an individual
4-23 who is 55 years of age or older has the rights prescribed by
4-24 Chapter 102 of this code.
4-25 (b) The Texas Department of Human Services and the Texas
4-26 Department of Health shall require each adult day care <or adult
4-27 day health care> facility to implement and enforce the applicable
5-1 provisions of Chapter 102 of this code.
5-2 SECTION 7. This Act takes effect January 1, 1994. A license
5-3 issued under Chapter 103, Human Resources Code, before the
5-4 effective date of this Act remains valid until it expires, is
5-5 revoked, or is surrendered.
5-6 SECTION 8. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.