By Moncrief S.B. No. 1341
74R3451 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of home and community support services;
1-3 imposing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 142.010(a), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (a) The board shall set license fees for home and community
1-8 support services agencies in amounts that are reasonable to meet
1-9 the costs of administering this chapter, except that the fees may
1-10 not be less than $200 or more than $2,000 <$1,000> for a license to
1-11 provide home health, hospice, or personal assistance services.
1-12 SECTION 2. Section 142.012(b), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (b) The board by rule shall set minimum standards for home
1-15 and community support services agencies licensed under this chapter
1-16 that relate to:
1-17 (1) qualifications for professional and
1-18 nonprofessional personnel, including volunteers;
1-19 (2) supervision of professional and nonprofessional
1-20 personnel, including volunteers;
1-21 (3) the provision and coordination of treatment and
1-22 services, including support and bereavement services, as
1-23 appropriate;
1-24 (4) the management or any temporary management,
2-1 ownership, and organizational structure, including lines of
2-2 authority and delegation of responsibility and, as appropriate, the
2-3 composition of an interdisciplinary team;
2-4 (5) clinical and business records;
2-5 (6) financial ability to carry out the functions as
2-6 proposed;
2-7 (7) safety, fire prevention, and sanitary standards
2-8 for residential units and inpatient units; and
2-9 (8) any other aspects of home health, hospice, or
2-10 personal assistance services as necessary to protect the public.
2-11 SECTION 3. Subchapter A, Chapter 142, Health and Safety
2-12 Code, is amended by adding Sections 142.0125 and 142.0126 to read
2-13 as follows:
2-14 Sec. 142.0125. NOTIFICATION OF CLOSING. (a) A home and
2-15 community support services agency that is closing temporarily or
2-16 permanently, or voluntarily or involuntarily, shall notify each
2-17 client of the agency of the closing as required by this section.
2-18 (b) If the closing of a home and community support services
2-19 agency is ordered by a court, the agency shall make the
2-20 notification, orally or in writing, immediately on receiving notice
2-21 of the closing.
2-22 (c) If the closing of a home and community support services
2-23 agency is voluntary, the home and community support services agency
2-24 shall make the notification not later than the date seven days
2-25 before the date on which the agency is to be closed.
2-26 (d) A home and community support services agency required to
2-27 notify a client of the agency's closing under this section shall
3-1 make reasonable efforts to notify each client's nearest relative or
3-2 other person responsible for the client's support of the closing.
3-3 Sec. 142.0126. CRIMINAL PENALTY. (a) A home and community
3-4 support services agency commits an offense if the agency fails or
3-5 refuses to comply with Section 142.0125.
3-6 (b) An offense under this section is a Class A misdemeanor.
3-7 SECTION 4. Subchapter A, Chapter 142, Health and Safety
3-8 Code, is amended by adding Section 142.0135 to read as follows:
3-9 Sec. 142.0135. LICENSE REQUIREMENT; CRIMINAL PENALTY. (a)
3-10 A person commits an offense if the person violates Section
3-11 142.002(a).
3-12 (b) An offense under this section is punishable by a fine of
3-13 not more than $1,000 for the first offense and not more than $500
3-14 for each subsequent offense.
3-15 (c) Each day of a continuing violation is a separate
3-16 offense.
3-17 SECTION 5. Section 142.014(a), Health and Safety Code, is
3-18 amended to read as follows:
3-19 (a) A person who engages in the business of providing home
3-20 health, hospice, or personal assistance service, or represents to
3-21 the public that the person is a provider of home health, hospice,
3-22 and personal assistance services for pay, without a license issued
3-23 under this chapter authorizing the services that are being provided
3-24 is liable for a civil penalty of not less than $1,000 or more than
3-25 $10,000 <$2,500> for each day of violation. Penalties may be
3-26 appropriated only to the department <and> to administer this
3-27 chapter.
4-1 SECTION 6. Subchapter A, Chapter 142, Health and Safety
4-2 Code, is amended by adding Sections 142.0141-142.0146 to read as
4-3 follows:
4-4 Sec. 142.0141. ADMINISTRATIVE PENALTY. (a) The department
4-5 may assess an administrative penalty against a person who violates
4-6 this chapter or a rule adopted under this chapter.
4-7 (b) The penalty may not exceed $10,000 for each violation.
4-8 Each day of a continuing violation constitutes a separate
4-9 violation.
4-10 (c) In determining the amount of an administrative penalty
4-11 assessed under this section, the department shall consider:
4-12 (1) the seriousness of the violation;
4-13 (2) the history of previous violations;
4-14 (3) the amount necessary to deter future violations;
4-15 (4) efforts made to correct the violation; and
4-16 (5) any other matters that justice may require.
4-17 (d) All proceedings for the assessment of an administrative
4-18 penalty under this chapter are subject to Chapter 2001, Government
4-19 Code.
4-20 Sec. 142.0142. NOTICE; REQUEST FOR HEARING. (a) If, after
4-21 investigation of a possible violation and the facts surrounding
4-22 that possible violation, the department determines that a violation
4-23 has occurred, the department shall give written notice of the
4-24 violation to the person alleged to have committed the violation.
4-25 The notice shall include:
4-26 (1) a brief summary of the alleged violations;
4-27 (2) a statement of the amount of the proposed penalty
5-1 based on the factors set forth in Section 142.0141(c); and
5-2 (3) a statement of the person's right to a hearing on
5-3 the occurrence of the violation, the amount of the penalty, or both
5-4 the occurrence of the violation and the amount of the penalty.
5-5 (b) Not later than the 20th day after the date on which the
5-6 notice is received, the person notified may accept the
5-7 determination of the department made under this section, including
5-8 the proposed penalty, or make a written request for a hearing on
5-9 that determination.
5-10 (c) If the person notified of the violation accepts the
5-11 determination of the department, the commissioner or the
5-12 commissioner's designee shall issue an order approving the
5-13 determination and ordering that the person pay the proposed
5-14 penalty.
5-15 Sec. 142.0143. HEARING; ORDER. (a) If the person notified
5-16 fails to respond in a timely manner to the notice under Section
5-17 142.0142(b) or if the person requests a hearing, the department
5-18 shall:
5-19 (1) set a hearing;
5-20 (2) give written notice of the hearing to the person;
5-21 and
5-22 (3) designate a hearings examiner to conduct the
5-23 hearing.
5-24 (b) The hearings examiner shall make findings of fact and
5-25 conclusions of law and shall promptly issue to the commissioner or
5-26 the commissioner's designee a proposal for decision as to the
5-27 occurrence of the violation and a recommendation as to the amount
6-1 of the proposed penalty if a penalty is determined to be warranted.
6-2 (c) Based on the findings of fact and conclusions of law and
6-3 the recommendations of the hearings examiner, the commissioner or
6-4 the commissioner's designee by order may find that a violation has
6-5 occurred and may assess a penalty, or may find that no violation
6-6 has occurred.
6-7 Sec. 142.0144. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;
6-8 JUDICIAL REVIEW; REFUND. (a) The department shall give notice of
6-9 the order under Section 142.0143(c) to the person notified. The
6-10 notice must include:
6-11 (1) separate statements of the findings of fact and
6-12 conclusions of law;
6-13 (2) the amount of any penalty assessed; and
6-14 (3) a statement of the right of the person to judicial
6-15 review of the order.
6-16 (b) Not later than the 30th day after the date on which the
6-17 decision is final as provided by Chapter 2001, Government Code, the
6-18 person shall:
6-19 (1) pay the penalty;
6-20 (2) pay the penalty and file a petition for judicial
6-21 review contesting the occurrence of the violation, the amount of
6-22 the penalty, or both the occurrence of the violation and the amount
6-23 of the penalty; or
6-24 (3) without paying the penalty, file a petition for
6-25 judicial review contesting the occurrence of the violation, the
6-26 amount of the penalty, or both the occurrence of the violation and
6-27 the amount of the penalty.
7-1 (c) Within the 30-day period, a person who acts under
7-2 Subsection (b)(3) may:
7-3 (1) stay enforcement of the penalty by:
7-4 (A) paying the penalty to the court for
7-5 placement in an escrow account; or
7-6 (B) giving to the court a supersedeas bond that
7-7 is approved by the court for the amount of the penalty and that is
7-8 effective until all judicial review of the order is final; or
7-9 (2) request the court to stay enforcement of the
7-10 penalty by:
7-11 (A) filing with the court a sworn affidavit of
7-12 the person stating that the person is financially unable to pay the
7-13 amount of the penalty and is financially unable to give the
7-14 supersedeas bond; and
7-15 (B) giving a copy of the affidavit to the
7-16 department by certified mail.
7-17 (d) If the department receives a copy of an affidavit under
7-18 Subsection (c)(2), the department may file with the court, within
7-19 five days after the date the copy is received, a contest to the
7-20 affidavit. The court shall hold a hearing on the facts alleged in
7-21 the affidavit as soon as practicable and shall stay the enforcement
7-22 of the penalty on finding that the alleged facts are true. The
7-23 person who files an affidavit has the burden of proving that the
7-24 person is financially unable to pay the penalty and to give a
7-25 supersedeas bond.
7-26 (e) If the person does not pay the penalty and the
7-27 enforcement of the penalty is not stayed, the department may refer
8-1 the matter to the attorney general for collection of the penalty.
8-2 (f) Judicial review of the order:
8-3 (1) is instituted by filing a petition as provided by
8-4 Subchapter G, Chapter 2001, Government Code; and
8-5 (2) is under the substantial evidence rule.
8-6 (g) If the court sustains the occurrence of the violation,
8-7 the court may uphold or reduce the amount of the penalty and order
8-8 the person to pay the full or reduced amount of the penalty. If
8-9 the court does not sustain the occurrence of the violation, the
8-10 court shall order that no penalty is owed.
8-11 (h) When the judgment of the court becomes final, the court
8-12 shall proceed under this subsection. If the person paid the amount
8-13 of the penalty under Subsection (b)(2) and if that amount is
8-14 reduced or is not upheld by the court, the court shall order that
8-15 the department pay the appropriate amount plus accrued interest to
8-16 the person. The rate of the interest is the rate charged on loans
8-17 to depository institutions by the New York Federal Reserve Bank,
8-18 and the interest shall be paid for the period beginning on the date
8-19 the penalty was paid and ending on the date the penalty is
8-20 remitted. If the person paid the penalty under Subsection
8-21 (c)(1)(A), or gave a supersedeas bond and if the amount of the
8-22 penalty is not upheld by the court, the court shall order the
8-23 release of the escrow account or bond. If the person paid the
8-24 penalty under Subsection (c)(1)(A) and the amount of the penalty is
8-25 reduced, the court shall order that the amount of the penalty be
8-26 paid to the department from the escrow account and that the
8-27 remainder of the account be released. If the person gave a
9-1 supersedeas bond and if the amount of the penalty is reduced, the
9-2 court shall order the release of the bond after the person pays the
9-3 amount.
9-4 Sec. 142.0145. PENALTY DEPOSITED TO STATE TREASURY. A civil
9-5 or administrative penalty collected under this chapter shall be
9-6 deposited in the state treasury to the credit of the general
9-7 revenue fund.
9-8 Sec. 142.0146. RECOVERY OF COSTS. (a) The department may
9-9 assess reasonable expenses and costs against a person in an
9-10 administrative hearing if, as a result of the hearing, the person's
9-11 license is denied, suspended, or revoked or if administrative
9-12 penalties are assessed against the person. The person shall pay
9-13 expenses and costs assessed under this subsection not later than
9-14 the 30th day after the date of the order of the commissioner or the
9-15 commissioner's designee requiring the payment of expenses and costs
9-16 is final. The department may refer the matter to the attorney
9-17 general for collection of the expenses and costs.
9-18 (b) If the attorney general brings an action against a
9-19 person under Section 142.013 or 142.014 or to enforce an
9-20 administrative penalty assessed under this chapter, and an
9-21 injunction is granted against the person or the person is found
9-22 liable for a civil or administrative penalty, the attorney general
9-23 may recover, on behalf of the attorney general and the department,
9-24 reasonable expenses and costs.
9-25 (c) For purposes of this section, "reasonable expenses and
9-26 costs" include expenses incurred by the department and the attorney
9-27 general in the investigation, initiation, or prosecution of an
10-1 action, including reasonable investigative costs, court costs,
10-2 attorney's fees, witness fees, and deposition expenses.
10-3 (d) Costs and expenses collected under this section shall be
10-4 deposited in the state treasury to the credit of a special account
10-5 that may be appropriated only to the department. Sections 403.094
10-6 and 403.095, Government Code, do not apply to the account.
10-7 SECTION 7. Chapter 142, Health and Safety Code, is amended
10-8 by adding Subchapters C and D to read as follows:
10-9 SUBCHAPTER C. TEMPORARY MANAGERS FOR HOME AND COMMUNITY
10-10 SUPPORT SERVICES AGENCIES
10-11 Sec. 142.041. APPOINTMENT BY AGREEMENT. (a) A person
10-12 holding a controlling interest in a home and community support
10-13 services agency may, at any time, request the department to assume
10-14 the management of the agency through the appointment of a temporary
10-15 manager under this subchapter.
10-16 (b) After receiving the request, the department may enter
10-17 into an agreement providing for the appointment of a temporary
10-18 manager to manage the home and community support services agency
10-19 under conditions considered appropriate by both parties if the
10-20 department considers the appointment desirable.
10-21 (c) An agreement under this section must:
10-22 (1) specify all terms and conditions of the temporary
10-23 manager's appointment and authority; and
10-24 (2) preserve all rights of the individuals served by
10-25 the agency as granted by law.
10-26 (d) The agreement terminates at the time specified by the
10-27 agreement.
11-1 Sec. 142.042. INVOLUNTARY APPOINTMENT. (a) The department
11-2 may request the attorney general to bring an action in the name and
11-3 on behalf of the state for the appointment of a temporary manager
11-4 to manage a home and community support services agency if:
11-5 (1) the home and community support services agency is
11-6 operating without a license;
11-7 (2) the department has denied, suspended, or revoked
11-8 the agency's license but the agency continues to operate;
11-9 (3) license denial, suspension, or revocation
11-10 procedures against the agency are pending and the department
11-11 determines that an imminent or reasonably foreseeable threat to the
11-12 health and safety of a client of the agency exists;
11-13 (4) the department determines that an emergency exists
11-14 that presents an immediate threat to the health and safety of a
11-15 client of the agency; or
11-16 (5) the agency is closing and arrangements for the
11-17 care of clients by other licensed agencies or facilities, including
11-18 the relocation of residents of a residential unit or inpatient unit
11-19 of a hospice, have not been made before closure.
11-20 (b) The primary duty of a temporary manager is to ensure
11-21 orderly and safe referral or relocation of the clients of the
11-22 agency as soon as possible. The temporary manager shall provide
11-23 home and community support services through the agency until each
11-24 client is referred or relocated.
11-25 (c) After a hearing, a court shall appoint a temporary
11-26 manager to manage a home and community support services agency if
11-27 the court finds that the involuntary appointment of the manager is
12-1 necessary.
12-2 (d) If possible, the court shall appoint as temporary
12-3 manager an individual whose background includes administration of
12-4 home and community support services agencies or similar facilities.
12-5 (e) Venue for an action brought under this section is in
12-6 Travis County.
12-7 Sec. 142.043. FEE; RELEASE OF FUNDS. (a) A temporary
12-8 manager appointed under this subchapter is entitled to a reasonable
12-9 fee as determined by the court. The fee shall be paid by the
12-10 agency.
12-11 (b) The temporary manager may petition the court to order
12-12 the release to the manager of any payment owed the manager for care
12-13 and services provided to clients of the home and community support
12-14 services agency if the payment has been withheld.
12-15 (c) Withheld payments may include payments withheld by a
12-16 governmental agency or other entity during the appointment of the
12-17 temporary manager, such as payments:
12-18 (1) for Medicaid, Medicare, or insurance;
12-19 (2) by a third party; or
12-20 (3) for medical expenses borne by the resident.
12-21 Sec. 142.044. HOME AND COMMUNITY SUPPORT SERVICES TRUST FUND
12-22 AND EMERGENCY ASSISTANCE FUNDS. (a) The home and community
12-23 support services agency trust fund is a trust fund in the custody
12-24 of the state treasurer and is available to the department for
12-25 expenditures without legislative appropriation to make emergency
12-26 assistance funds available to a home and community support services
12-27 agency.
13-1 (b) The fund consists of money from the additional annual
13-2 fee prescribed by Section 142.045, reimbursements made under
13-3 Section 142.046, and interest earned on investment of the fund.
13-4 (c) On court order or with department approval, a temporary
13-5 manager of a home and community support services agency may use the
13-6 emergency assistance funds only to alleviate an immediate threat to
13-7 the health or safety of the clients of the agency. The use may
13-8 include payments for:
13-9 (1) any items or services necessary to provide home
13-10 and community support services to the clients of the agency; or
13-11 (2) minor repairs for a residential unit or inpatient
13-12 unit of a hospice.
13-13 (d) The department may disburse emergency assistance funds
13-14 to a home and community support services agency if the department
13-15 finds that:
13-16 (1) the agency has inadequate funds accessible to the
13-17 temporary manager for the operation of the agency;
13-18 (2) there exists an emergency that presents an
13-19 immediate threat to the health and safety of the clients of the
13-20 agency; and
13-21 (3) it is in the best interest of the health and
13-22 safety of the clients of the agency that funds are immediately
13-23 available.
13-24 (e) A court may order the department to disburse emergency
13-25 assistance funds if the court makes the finding required by
13-26 Subsection (d).
13-27 (f) The department shall disburse money from the home and
14-1 community support services agency trust fund in accordance with
14-2 board rules or as ordered by the court.
14-3 (g) The comptroller shall transfer any unencumbered amount
14-4 in the home and community support services agency trust fund in
14-5 excess of $100,000 at the end of each fiscal year to the credit of
14-6 an account in the general revenue fund that may be appropriated
14-7 only to the department for its use in administering and enforcing
14-8 this chapter.
14-9 Sec. 142.045. ADDITIONAL LICENSE FEE. (a) In addition to
14-10 the license fee prescribed by Section 142.010, the department shall
14-11 adopt an annual fee to be charged and collected to maintain the
14-12 home and community support services agency trust fund in an amount
14-13 of at least $100,000.
14-14 (b) The department may assess an additional fee in a year if
14-15 necessary to maintain at least $100,000 in the fund.
14-16 (c) The fees shall be deposited to the credit of the home
14-17 and community support services agency trust fund created by this
14-18 subchapter.
14-19 (d) The department shall set a fee assessed under this
14-20 section for each home and community support services agency at $1
14-21 multiplied by the average number of clients of that agency at any
14-22 time during the calendar year or in an amount necessary to provide
14-23 at least $100,000 in the fund.
14-24 (e) The board shall adopt rules as necessary for the
14-25 determination of the average number of clients of an agency, the
14-26 amount of the fee or the additional fee, the time when the fee or
14-27 additional fee is to be paid, and procedures for collecting the fee
15-1 or the additional fee.
15-2 Sec. 142.046. REIMBURSEMENT. (a) A home and community
15-3 support services agency that receives emergency assistance funds
15-4 under this subchapter shall reimburse the department for the
15-5 amounts received, including interest.
15-6 (b) Interest on unreimbursed amounts begins to accrue on the
15-7 date on which the funds were disbursed to the home and community
15-8 support services agency. The rate of interest is the rate
15-9 determined under Section 2, Article 1.05, Title 79, Revised
15-10 Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), to be
15-11 applicable to judgments rendered during the month in which the
15-12 money was disbursed to the agency.
15-13 (c) The owner of the home and community support services
15-14 agency when the temporary manager was appointed is responsible for
15-15 the reimbursement.
15-16 (d) The amount that remains unreimbursed on the first
15-17 anniversary of the date on which the funds were received is
15-18 delinquent.
15-19 (e) The department shall deposit the reimbursement and
15-20 interest received under this section to the credit of the home and
15-21 community support services agency trust fund.
15-22 (f) The attorney general shall institute an action to
15-23 collect the funds due under this section at the request of the
15-24 department. Venue for an action brought under this section is in
15-25 Travis County.
15-26 Sec. 142.047. APPLICABILITY OF OTHER LAW. The State
15-27 Purchasing and General Services Act (Article 601b, Vernon's Texas
16-1 Civil Statutes) does not apply to a payment made by a temporary
16-2 manager under this subchapter.
16-3 (Sections 142.048-142.060 reserved for expansion
16-4 SUBCHAPTER D. REPORTING; RETALIATION PROHIBITED
16-5 Sec. 142.061. REPORTING OF VIOLATIONS REQUIRED. (a) An
16-6 employee of a home and community support services agency or a
16-7 person providing services as a volunteer or contractor for the
16-8 agency shall report to the department:
16-9 (1) a violation of this chapter, another federal or
16-10 state law, or a rule adopted under this chapter or another federal
16-11 or state law; or
16-12 (2) conduct committed by an officer, employee, or
16-13 other agent of a home and community support services agency that
16-14 the employee, volunteer, or contractor believes, in good faith, to
16-15 otherwise be unethical or improper.
16-16 (b) The department shall treat a report made under this
16-17 section as a complaint under Section 142.009.
16-18 Sec. 142.062. RETALIATION PROHIBITED. A home and community
16-19 support services agency may not suspend or terminate the employment
16-20 of or discriminate against an employee who in good faith makes a
16-21 report as required by Section 142.061, by Section 48.036(c), Human
16-22 Resources Code, or by Section 34.02, Family Code.
16-23 Sec. 142.063. RELIEF AVAILABLE TO EMPLOYEE. (a) An
16-24 employee whose employment is suspended or terminated or who is
16-25 discriminated against in violation of Section 142.062 may bring an
16-26 action against the agency for:
16-27 (1) injunctive relief;
17-1 (2) actual damages;
17-2 (3) exemplary damages;
17-3 (4) court costs; and
17-4 (5) reasonable attorney's fees.
17-5 (b) In addition to relief under Subsection (a), an employee
17-6 whose employment is suspended or terminated in violation of this
17-7 subchapter is entitled to:
17-8 (1) reinstatement to the employee's former position;
17-9 (2) compensation for wages lost during the period of
17-10 suspension or termination; and
17-11 (3) reinstatement of fringe benefits and seniority
17-12 rights lost because of the suspension or termination.
17-13 Sec. 142.064. BURDEN OF PROOF; PRESUMPTION. An employee who
17-14 sues under this subchapter has the burden of proof, except that if
17-15 the suspension or termination of an employee occurs not later than
17-16 the 90th day after the date on which the employee makes the report,
17-17 the suspension or termination is presumed, subject to rebuttal, to
17-18 be because the employee made the report.
17-19 Sec. 142.065. LIMITATION PERIOD. An employee who seeks
17-20 relief under this subchapter must bring the action not later than
17-21 the 90th day after the date on which the alleged violation of
17-22 Section 142.062:
17-23 (1) occurred; or
17-24 (2) was discovered by the employee through reasonable
17-25 diligence.
17-26 Sec. 142.066. VENUE. An employee may sue under this
17-27 subchapter in a district court of the county in which the employee
18-1 resides or in which the home and community support services agency
18-2 is located.
18-3 Sec. 142.067. NOTICE TO EMPLOYEES. (a) A home and
18-4 community support services agency shall inform its employees of
18-5 their rights under this subchapter by posting a sign in a prominent
18-6 location in the workplace.
18-7 (b) The board shall prescribe the design and content of the
18-8 sign required by this section.
18-9 SECTION 8. Section 48.036(c), Human Resources Code, is
18-10 amended to read as follows:
18-11 (c) If a person has reasonable cause to believe that an
18-12 elderly or disabled person has been abused, exploited, or neglected
18-13 in a facility operated, licensed, certified, or registered by a
18-14 state agency, the person shall report the information to the state
18-15 agency that operates, licenses, certifies, or registers the
18-16 facility. If the abuse, exploitation, or neglect occurs in a
18-17 facility licensed under Chapter 242, Health and Safety Code, the
18-18 person shall report the information as prescribed by Subchapter E
18-19 of that chapter, and the Texas Department of Human Services
18-20 <Health> shall investigate the report as prescribed by that
18-21 subchapter. If the abuse, exploitation, or neglect occurs in
18-22 connection with the provision of services by a home and community
18-23 support services agency licensed under Chapter 142, Health and
18-24 Safety Code, the person shall report the information to the Texas
18-25 Department of Health, and the department shall investigate the
18-26 report as a complaint under Section 142.009, Health and Safety
18-27 Code. If the abuse, exploitation, or neglect occurs in the Texas
19-1 School for the Deaf or the Texas School for the Blind and Visually
19-2 Impaired, the person shall report the information as prescribed by
19-3 Chapter 34, Family Code, and the investigation shall be conducted
19-4 in accordance with that law.
19-5 SECTION 9. This Act takes effect September 1, 1995.
19-6 SECTION 10. (a) The change in law made by this Act to
19-7 Section 142.014, Health and Safety Code, applies only to conduct
19-8 that occurs on or after the effective date of this Act.
19-9 (b) An administrative penalty may be assessed under Sections
19-10 142.0141-142.0144, Health and Safety Code, as added by this Act,
19-11 only for a violation of Chapter 142, Health and Safety Code, or a
19-12 rule adopted under that chapter that occurs on or after the
19-13 effective date of this Act.
19-14 (c) Conduct that occurs before the effective date of this
19-15 Act, including conduct that constitutes a violation of Chapter 142,
19-16 Health and Safety Code, or a rule adopted under that chapter, is
19-17 governed by the law applicable to the conduct immediately before
19-18 the effective date of this Act and the former law is continued in
19-19 effect for that purpose.
19-20 SECTION 11. A person is not required to make a report under
19-21 Section 142.061, Health and Safety Code, as added by this Act, if:
19-22 (1) the violation or conduct occurred before the
19-23 effective date of this Act; and
19-24 (2) the person has no reason to believe that the
19-25 violation or conduct continued after the effective date of this
19-26 Act.
19-27 SECTION 12. The importance of this legislation and the
20-1 crowded condition of the calendars in both houses create an
20-2 emergency and an imperative public necessity that the
20-3 constitutional rule requiring bills to be read on three several
20-4 days in each house be suspended, and this rule is hereby suspended.