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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