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.
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