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.