1-1 By: Truan S.B. No. 158
1-2 (In the Senate - Filed January 2, 1995; January 17, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 2, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 February 2, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 158 By: Truan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the issuance of cease and desist orders by the Texas
1-11 Commission on Alcohol and Drug Abuse.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter A, Chapter 464, Health and Safety
1-14 Code, is amended by adding Section 464.0151 to read as follows:
1-15 Sec. 464.0151. CEASE AND DESIST ORDERS. (a) After an
1-16 investigation under Section 464.006, and on a finding by the
1-17 executive director that this chapter or a rule adopted under this
1-18 chapter is being violated or that an imminent threat to the health
1-19 or safety of a facility's clients exists, the executive director
1-20 may issue a cease and desist order directing that the named
1-21 facility:
1-22 (1) immediately stop the practice or act in violation
1-23 of the law or rule;
1-24 (2) immediately stop the practice or act causing the
1-25 threat to health or safety; or
1-26 (3) immediately cease all operations.
1-27 (b)(1) The order shall give notice of the date and time of a
1-28 hearing on the issues giving rise to the order.
1-29 (2) The hearing shall be held not earlier than the
1-30 11th day and not later than the 30th day following the issuance of
1-31 the order, unless additional time is requested by the facility.
1-32 (3) The hearing shall be provided in accordance with
1-33 Chapter 2001, Government Code (Administrative Procedure Act).
1-34 (4) The order shall continue in effect pending the
1-35 outcome of the hearing.
1-36 (5) The executive director shall continue, modify, or
1-37 revoke the order based on the outcome of the hearing.
1-38 SECTION 2. Subsections (a) and (c), Section 464.015, Health
1-39 and Safety Code, are amended to read as follows:
1-40 (a) If a facility fails to abide by a cease and desist order
1-41 issued under Section 464.0151 or if emergency conditions require
1-42 it, the <The> commission may petition a district court to restrain
1-43 a person or facility that violates such an order or the rules,
1-44 standards, or licensing requirements provided under this subchapter
1-45 <in a manner that causes immediate threat to the health and safety
1-46 of individual clients>.
1-47 (c) A district court, on petition of the commission, the
1-48 attorney general, or a district or county attorney, and on a
1-49 finding by the court that a person or facility is violating or has
1-50 violated this subchapter, a cease and desist order issued under
1-51 this subchapter, or a standard adopted under this subchapter, shall
1-52 grant any prohibitory or mandatory injunctive relief warranted by
1-53 the facts, including a temporary restraining order, temporary
1-54 injunction, or permanent injunction.
1-55 SECTION 3. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *