BILL ANALYSIS



C.S.S.B. 158
By: Truan (Luna)
04-19-95
Committee Report (Substituted)


BACKGROUND

The current disciplinary process of the Texas Commission on Alcohol
and Drug Abuse (commission) does not allow the agency to take
immediate action against a licensed treatment facility that
violates the rules and standards of the commission or threatens the
health and safety of a client. The commission can conduct an
investigation or inspection of a treatment facility as it considers
necessary. If the facility violates the rules, standards, or
licensing requirements, the commission has to request that the
attorney general file for a temporary restraining order, followed
by an injunction to close the facility. After a court hearing is
scheduled, a judge must then issue the temporary restraining order
that has to be served on the treatment facility.

PURPOSE

S.B. 158, as substituted, would authorize the executive director of
the commission to issue a cease and desist order under certain
circumstances.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A of Chapter 464, Health and Safety
code, by adding Section 464.0151 as follows:

     Sec. 464.0151.  CEASE AND DESIST ORDERS.  (a) Authorizes the
     executive director of the commission, after an investigation
     under Section 464.006, to issue a cease and desist order
     directing treatment facility to stop certain practices, cease
     operations or surrender its management to the commission's
     control after finding that part of this chapter is being
     violated or a threat to the facility's clients exists.

     (b)  Requires the executive director to obtain approval to
     issue the order from at least three commissioners at a
     scheduled or called meeting.  The meeting may be by
     interactive video or telephone conference using procedures
     under Section 551.121, Government Code.

     (c)  States that an order issued under this secton is
     effective immediately and continues in effect pending the
     outcome of the hearing required by this section, and requires
     the order to give notice of the date and time of a hearing.

     (d)  Requires the commission to hold a hearing not earlier
     than 11 days or later than 30 days following the issuance of
     the order unless more time is requested by the facility. A
     hearing and an appeal of a hearing under this section is
     governed by Chapter 2001, Government Code.

     (e)  Requires the executive director to continue, modify, or
     revoke the order in accordance with the results of the
     hearing.

SECTION 2. Amends Sections 464.015(a) and (c), Health and Safety
Code, as follows:

     (a) Adds reference of cease and desist orders to a provision
     which allows the commission to petition a district court to
     restrain a person or facility that fails to comply with an
     order or with rules, standards, or licensing requirements
     provided under this subchapter. Deletes the qualification that
     the violation is "in a manner that causes immediate threat to
     the health and safety of individual clients."

     (c) Adds reference of cease and desist orders to a provision
     requiring a district court to grant any prohibitory or
     mandatory injunctive relief warranted by the facts if a person
     or facility violates a cease and desist order, in addition to
     any standard adopted under this subchapter.

SECTION 3. Emergency clause.
           Effective date:  upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute for S.B. 158 adds breech of contract with the
commission as a ground for issuing a cease and desist order against
a facility, after an investigation is conducted. The substitute
also adds a fourth option to the remedies the executive director
may take in issuing a cease and desist order. In addition to the
three actions outlined in the original bill, the substitute states
that the exectuive director may issue a cease and desist order
directing that the facility surrender its management to the
direction and control of the commission. The substitute also adds
the provision that the executive director must obtain from at least
three commissioners ratification of the decision to issue the order
before it is issued.

SUMMARY OF COMMITTEE ACTION

S.B. 158 was heard by the Public Health Committee in a public
hearing on March 7, 1995.

The following persons testified in favor of the bill:
Representative Luna, sponsor of the bill.
Cynthia Humphrey, representing Association of Substance Abuse
Service Providers.

The bill was left pending in committee.

S.B. 158 was considered by the committee in a public hearing on
April 19, 1995, as pending business. The committee considered a
complete substitute to S.B. 158. The substitute was adopted without
objection.

The bill was reported favorably as substituted, with the
recommendaton that it do pass and be printed, by a record vote of
7 Ayes, 0 Nays, 0 PNV, and 2 Absent.