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.