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.