1-1  By:  McCall (Senate Sponsor - Moncrief)               H.B. No. 1345
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on Health
    1-4  and Human Services; May 19, 1993, reported favorably by the
    1-5  following vote:  Yeas 8, Nays 0; May 19, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Zaffirini          x                               
    1-9        Ellis              x                               
   1-10        Madla              x                               
   1-11        Moncrief           x                               
   1-12        Nelson             x                               
   1-13        Patterson                                     x    
   1-14        Shelley            x                               
   1-15        Truan              x                               
   1-16        Wentworth          x                               
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the licensing of adult day-care facilities; providing a
   1-20  criminal penalty.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Chapter 103, Human Resources Code, is amended by
   1-23  adding Sections 103.0041, 103.0091, and 103.0092 to read as
   1-24  follows:
   1-25        Sec. 103.0041.  LICENSE REQUIRED.  (a)  A person may not
   1-26  operate an adult day-care facility without a license issued under
   1-27  this chapter.
   1-28        (b)  A person commits an offense if the person violates
   1-29  Subsection (a) of this section.  An offense under this subsection
   1-30  is a Class A misdemeanor.
   1-31        Sec. 103.0091.  INJUNCTION.  (a)  The Texas Department of
   1-32  Health may petition a district court for a temporary restraining
   1-33  order to restrain a continuing violation of the standards or
   1-34  licensing requirements provided under this chapter if the Texas
   1-35  Department of Health finds that the violation creates an immediate
   1-36  threat to the health and safety of the adult day-care residents.
   1-37        (b)  A district court, on petition of the Texas Department of
   1-38  Health and on a finding by the court that a person is violating the
   1-39  standards or licensing requirements provided under this chapter,
   1-40  may by injunction:
   1-41              (1)  prohibit a person from continuing a violation of
   1-42  the standards or licensing requirements provided under this
   1-43  chapter;
   1-44              (2)  restrain or prevent the establishment or operation
   1-45  of a facility without a license issued under this chapter; or
   1-46              (3)  grant any other injunctive relief warranted by the
   1-47  facts.
   1-48        (c)  The attorney general may institute and conduct a suit
   1-49  authorized by this section at the request of the Texas Department
   1-50  of Health.
   1-51        (d)  Venue for a suit brought under this section is in the
   1-52  county in which the facility is located or in Travis County.
   1-53        Sec. 103.0092.  EMERGENCY SUSPENSION AND CLOSING ORDER.
   1-54  (a)  If the Texas Department of Health finds an adult day-care
   1-55  facility operating in violation of the standards prescribed by this
   1-56  chapter and the violations create an immediate threat to the health
   1-57  and safety of a resident in the facility, the Texas Department of
   1-58  Health shall suspend the license or order immediate closing of all
   1-59  or part of the facility.
   1-60        (b)  The order suspending a license under Subsection (a) is
   1-61  immediately effective on written notice to the license holder or on
   1-62  the date specified on the order.
   1-63        (c)  The order suspending the license and ordering closure of
   1-64  all or part of a facility is valid for 10 days after the effective
   1-65  date.
   1-66        SECTION 2.  Subdivisions (1) and (2), Section 103.003, Human
   1-67  Resources Code, are amended to read as follows:
   1-68              (1)  "Adult day-care facility" means a facility that
    2-1  provides <counseling, recreation, or food or any combination of
    2-2  these> services under an adult day-care program on a daily or
    2-3  regular basis but not overnight to four or more elderly or
    2-4  handicapped persons who are not related by blood, marriage, or
    2-5  adoption to the owner of the facility.
    2-6              (2)  "Adult day-care program" means a structured,
    2-7  comprehensive program that is designed to meet the needs of adults
    2-8  with functional impairments through an individual plan of care by
    2-9  providing health, social, and related support services in a
   2-10  protective setting <"Adult day health care facility" means a
   2-11  facility that provides health care or physical therapy or both and
   2-12  that may also provide adult day-care services on a daily or regular
   2-13  basis but not overnight to four or more elderly or handicapped
   2-14  persons who are not related by blood, marriage, or adoption to the
   2-15  owner of the facility>.
   2-16        SECTION 3.  Section 103.006(a), Human Resources Code, is
   2-17  amended to read as follows:
   2-18        (a)  The Texas Department of Health shall issue a license to
   2-19  operate an adult day-care facility <or an adult day health care
   2-20  facility> to a person who has met the application requirements and
   2-21  received approval after an on-site inspection.
   2-22        SECTION 4.  Section 103.007(a), Human Resources Code, is
   2-23  amended to read as follows:
   2-24        (a)  An applicant for a license to operate an adult day-care
   2-25  <or an adult day health care> facility must file an application on
   2-26  a form prescribed by the Texas Department of Health together with a
   2-27  license fee of $25.
   2-28        SECTION 5.  Section 103.009, Human Resources Code, is amended
   2-29  to read as follows:
   2-30        Sec. 103.009.  LICENSE DENIAL, SUSPENSION, OR REVOCATION.
   2-31  (a)  The Texas Department of Health may deny, suspend, or revoke
   2-32  the license of an applicant or holder of a license who fails to
   2-33  comply with the rules or standards for licensing required by this
   2-34  chapter.
   2-35        (b)  The denial, suspension, or revocation of a license and
   2-36  the appeal from that action are governed by the procedures for a
   2-37  contested case hearing under the Administrative Procedure and Texas
   2-38  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)
   2-39  <Texas Department of Health may revoke or suspend a license to be
   2-40  effective immediately when the health and safety of persons
   2-41  attending a facility are threatened.  A person whose license is
   2-42  suspended or revoked under this subsection is entitled to a hearing
   2-43  within seven days after the effective date of the suspension or
   2-44  revocation>.
   2-45        SECTION 6.  Section 103.011, Human Resources Code, is amended
   2-46  to read as follows:
   2-47        Sec. 103.011.  RIGHTS OF THE ELDERLY.  (a)  In addition to
   2-48  other rights an individual attending an adult day care facility <or
   2-49  an adult day health care facility> has as a citizen, an individual
   2-50  who is 55 years of age or older has the rights prescribed by
   2-51  Chapter 102 of this code.
   2-52        (b)  The Texas Department of Human Services and the Texas
   2-53  Department of Health shall require each adult day care <or adult
   2-54  day health care> facility to implement and enforce the applicable
   2-55  provisions of Chapter 102 of this code.
   2-56        SECTION 7.  This Act takes effect January 1, 1994.  A license
   2-57  issued under Chapter 103, Human Resources Code, before the
   2-58  effective date of this Act remains valid until it expires, is
   2-59  revoked, or is surrendered.
   2-60        SECTION 8.  The importance of this legislation and the
   2-61  crowded condition of the calendars in both houses create an
   2-62  emergency and an imperative public necessity that the
   2-63  constitutional rule requiring bills to be read on three several
   2-64  days in each house be suspended, and this rule is hereby suspended.
   2-65                               * * * * *
   2-66                                                         Austin,
   2-67  Texas
   2-68                                                         May 19, 1993
   2-69  Hon. Bob Bullock
   2-70  President of the Senate
    3-1  Sir:
    3-2  We, your Committee on Health and Human Services to which was
    3-3  referred H.B. No. 1345, have had the same under consideration, and
    3-4  I am instructed to report it back to the Senate with the
    3-5  recommendation that it do pass and be printed.
    3-6                                                         Truan,
    3-7  Acting Chair
    3-8                               * * * * *
    3-9                               WITNESSES
   3-10                                                  FOR   AGAINST  ON
   3-11  ___________________________________________________________________
   3-12  Name:  Mary Lee Harris                           x
   3-13  Representing:  Am. Asso. Retired Persons
   3-14  City:  Round Rock
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