By Truan S.B. No. 158
74R3255 SRC-F
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 is being violated, or that an imminent threat to the health
1-11 or safety of a facility's clients exists, the executive director
1-12 may issue a cease and desist order directing that the named
1-13 facility:
1-14 (1) immediately stop the practice or act in violation
1-15 of the law or rule;
1-16 (2) immediately stop the practice or act causing the
1-17 threat to health or safety; or
1-18 (3) immediately cease all operations.
1-19 (b) The order shall give notice of the date and time of a
1-20 hearing on the issues giving rise to the order.
1-21 SECTION 2. Sections 464.015(a) and (c), Health and Safety
1-22 Code, are amended to read as follows:
1-23 (a) If a facility fails to abide by a cease and desist order
1-24 issued under Section 464.0151, or if emergency conditions require
2-1 it, the <The> commission may petition a district court to restrain
2-2 a person or facility that violates such an order or the rules,
2-3 standards, or licensing requirements provided under this subchapter
2-4 <in a manner that causes immediate threat to the health and safety
2-5 of individual clients>.
2-6 (c) A district court, on petition of the commission, the
2-7 attorney general, or a district or county attorney, and on a
2-8 finding by the court that a person or facility is violating or has
2-9 violated this subchapter, a cease and desist order issued under
2-10 this subchapter, or a standard adopted under this subchapter, shall
2-11 grant any prohibitory or mandatory injunctive relief warranted by
2-12 the facts, including a temporary restraining order, temporary
2-13 injunction, or permanent injunction.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.