74R8485 DD-D
By Truan S.B. No. 158
Substitute the following for S.B. No. 158:
By Berlanga C.S.S.B. No. 158
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of cease and desist orders by the Texas
1-3 Commission on Alcohol and Drug Abuse.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 464, Health and Safety
1-6 Code, is amended by adding Section 464.0151 to read as follows:
1-7 Sec. 464.0151. CEASE AND DESIST ORDERS. (a) After an
1-8 investigation under Section 464.006, and on a finding by the
1-9 executive director that this chapter or a rule adopted under this
1-10 chapter has been or is being violated, that a facility has
1-11 substantially breached a contract with the commission, or that an
1-12 imminent threat to the health or safety of a facility's clients
1-13 exists, the executive director may issue a cease and desist order
1-14 directing that the named substance abuse treatment facility:
1-15 (1) immediately stop the practice or act in violation
1-16 of the law or rule;
1-17 (2) immediately stop the practice or act causing the
1-18 threat to health or safety;
1-19 (3) immediately cease all operations; or
1-20 (4) surrender its management to the direction and
1-21 control of the commission.
1-22 (b) Before issuing a cease and desist order under this
1-23 section, the executive director must obtain from at least three
1-24 commissioners ratification of the decision to issue the order at a
2-1 scheduled or called commission meeting. The commission may conduct
2-2 the meeting by interactive video or telephone conference using the
2-3 procedures described in Section 551.121, Government Code.
2-4 (c) An order issued under this section:
2-5 (1) is effective immediately and continues in effect
2-6 pending the outcome of the hearing required by this section; and
2-7 (2) must give notice of the date and time of the
2-8 hearing.
2-9 (d) Not earlier than the 11th day and not later than the
2-10 30th day following the issuance of the order, the commission shall
2-11 hold a hearing on the issues giving rise to the order unless
2-12 additional time is requested by the facility that is the subject of
2-13 the order. Chapter 2001, Government Code, governs a hearing and
2-14 appeal of a hearing under this section.
2-15 (e) The executive director shall continue, modify, or revoke
2-16 an order issued under this section in accordance with the result of
2-17 the hearing.
2-18 SECTION 2. Sections 464.015(a) and (c), Health and Safety
2-19 Code, are amended to read as follows:
2-20 (a) If a facility fails to abide by a cease and desist order
2-21 issued under Section 464.0151, or if emergency conditions require
2-22 it, the <The> commission may petition a district court to restrain
2-23 a person or facility that violates such an order or the rules,
2-24 standards, or licensing requirements provided under this subchapter
2-25 <in a manner that causes immediate threat to the health and safety
2-26 of individual clients>.
2-27 (c) A district court, on petition of the commission, the
3-1 attorney general, or a district or county attorney, and on a
3-2 finding by the court that a person or facility is violating or has
3-3 violated this subchapter, a cease and desist order issued under
3-4 this subchapter, or a standard adopted under this subchapter, shall
3-5 grant any prohibitory or mandatory injunctive relief warranted by
3-6 the facts, including a temporary restraining order, temporary
3-7 injunction, or permanent injunction.
3-8 SECTION 3. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.