Amend CSSB 190 by striking Section 1.14 of the bill (page 16,
lines 23-27, page 17, lines 1-27, page 18, lines 1-27, and page 19,
lines 1-15) and substituting the following:
      SECTION 1.14.  Section 242.065, Health and Safety Code, is
amended to read as follows:
      Sec. 242.065.  CIVIL PENALTY.  (a)  A person who violates or
a rule adopted under this chapter is liable for a civil penalty of
not less than $100 or more than $15,000 <$10,000> for each act of
violation if the department determines the violation threatens the
health and safety of a resident.
      (b)  In determining the amount of a penalty to be awarded
under this section, the trier of fact shall consider:
            (1)  the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation and the
hazard or potential hazard created by the violation to the health
or safety of a resident;
            (2)  the history of violations committed by the person
or the person's controlling person;
            (3)  the amount necessary to deter future violations;
            (4)  the efforts made to correct the violation; and
            (5)  any misrepresentation made to the department or to
another person regarding:
                  (A)  the quality of services rendered or to be
rendered to residents;
                  (B)  the compliance history of the institution or
any institutions owned or controlled by an owner or controlling
person of the institution;
                  (C)  the identity of an owner or controlling
person of the institution; or
                  (D)  the culpability of the individual who
committed the violation.
      (C)  Each day of a continuing violation constitutes a
separate ground for recovery.