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.