By: McCall H.B. No. 1345
73R2689 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to licensing of adult day-care and adult day health care
1-3 facilities; providing a 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 or adult day health care
1-10 facility without a license issued under 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 or adult day
1-20 health care facility residents.
1-21 (b) A district court, on petition of the Texas Department of
1-22 Health and on a finding by the court that a person is violating the
1-23 standards or licensing requirements provided under this chapter,
1-24 may by injunction:
2-1 (1) prohibit a person from continuing a violation of
2-2 the standards or licensing requirements provided under this
2-3 chapter;
2-4 (2) restrain or prevent the establishment or operation
2-5 of a facility without a license issued under this chapter; or
2-6 (3) grant any other injunctive relief warranted by the
2-7 facts.
2-8 (c) The attorney general may institute and conduct a suit
2-9 authorized by this section at the request of the Texas Department
2-10 of Health.
2-11 (d) Venue for a suit brought under this section is in the
2-12 county in which the facility is located or in Travis County.
2-13 Sec. 103.0092. EMERGENCY SUSPENSION AND CLOSING ORDER. (a)
2-14 If the Texas Department of Health finds an adult day-care or adult
2-15 day health care facility operating in violation of the standards
2-16 prescribed by this chapter and the violations create an immediate
2-17 threat to the health and safety of a resident in the facility, the
2-18 Texas Department of Health shall suspend the license or order
2-19 immediate closing of all or part of the facility.
2-20 (b) The order suspending a license under Subsection (a) is
2-21 immediately effective on written notice to the license holder or on
2-22 the date specified on the order.
2-23 (c) The order suspending the license and ordering closure of
2-24 all or part of a facility is valid for 10 days after the effective
2-25 date.
2-26 SECTION 2. Section 103.009, Human Resources Code, is amended
2-27 to read as follows:
3-1 Sec. 103.009. LICENSE DENIAL, SUSPENSION, OR REVOCATION.
3-2 (a) The Texas Department of Health may deny, suspend, or revoke
3-3 the license of an applicant or holder of a license who fails to
3-4 comply with the rules or standards for licensing required by this
3-5 chapter.
3-6 (b) The denial, suspension, or revocation of a license and
3-7 the appeal from that action are governed by the procedures for a
3-8 contested case hearing under the Administrative Procedure and Texas
3-9 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)
3-10 <Texas Department of Health may revoke or suspend a license to be
3-11 effective immediately when the health and safety of persons
3-12 attending a facility are threatened. A person whose license is
3-13 suspended or revoked under this subsection is entitled to a hearing
3-14 within seven days after the effective date of the suspension or
3-15 revocation>.
3-16 SECTION 3. This Act takes effect January 1, 1994. A license
3-17 issued under Chapter 103, Human Resources Code, before the
3-18 effective date of this Act remains valid until it expires, is
3-19 revoked, or is surrendered.
3-20 SECTION 4. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.