By: Truan S.B. No. 158
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the issuance of cease and desist orders by the Texas
1-2 Commission on Alcohol and Drug Abuse.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 464, Health and Safety
1-5 Code, is amended by adding Section 464.0151 to read as follows:
1-6 Sec. 464.0151. CEASE AND DESIST ORDERS. (a) After an
1-7 investigation under Section 464.006, and on a finding by the
1-8 executive director that this chapter or a rule adopted under this
1-9 chapter is being violated or that an imminent threat to the health
1-10 or safety of a facility's clients exists, the executive director
1-11 may issue a cease and desist order directing that the named
1-12 facility:
1-13 (1) immediately stop the practice or act in violation
1-14 of the law or rule;
1-15 (2) immediately stop the practice or act causing the
1-16 threat to health or safety; or
1-17 (3) immediately cease all operations.
1-18 (b)(1) The order shall give notice of the date and time of a
1-19 hearing on the issues giving rise to the order.
1-20 (2) The hearing shall be held not earlier than the
1-21 11th day and not later than the 30th day following the issuance of
1-22 the order, unless additional time is requested by the facility.
1-23 (3) The hearing shall be provided in accordance with
1-24 Chapter 2001, Government Code (Administrative Procedure Act).
2-1 (4) The order shall continue in effect pending the
2-2 outcome of the hearing.
2-3 (5) The executive director shall continue, modify, or
2-4 revoke the order based on the outcome of the hearing.
2-5 SECTION 2. Subsections (a) and (c), Section 464.015, Health
2-6 and Safety Code, are amended to read as follows:
2-7 (a) If a facility fails to abide by a cease and desist order
2-8 issued under Section 464.0151 or if emergency conditions require
2-9 it, the <The> commission may petition a district court to restrain
2-10 a person or facility that violates such an order or the rules,
2-11 standards, or licensing requirements provided under this subchapter
2-12 <in a manner that causes immediate threat to the health and safety
2-13 of individual clients>.
2-14 (c) A district court, on petition of the commission, the
2-15 attorney general, or a district or county attorney, and on a
2-16 finding by the court that a person or facility is violating or has
2-17 violated this subchapter, a cease and desist order issued under
2-18 this subchapter, or a standard adopted under this subchapter, shall
2-19 grant any prohibitory or mandatory injunctive relief warranted by
2-20 the facts, including a temporary restraining order, temporary
2-21 injunction, or permanent injunction.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
3-1 passage, and it is so enacted.