Amend SB 1247 on third reading by striking Section 142.017,
Health and Safety Code, as added by SECTION 5 of the bill (page 8,
lines 21-25, through page 10, lines 1-9, house committee printing),
and substituting the following:
      Sec. 142.017.  ADMINISTRATIVE PENALTY.   (a)  The department
may assess an administrative penalty against a person who violates
this chapter or a rule adopted under this chapter.
      (b)  The penalty shall be not less than $100 or more than
$1,000 for each violation.  Each day of a violation that occurs
before the day on which the person receives written notice of the
violation from the department does not constitute a separate
violation and shall be considered to be one violation.  Each day of
a continuing violation that occurs after the day on which the
person receives written notice of the violation from the department
constitutes a separate violation.
      (c)  The department by rule shall specify each violation for
which an administrative penalty may be assessed.  In determining
which violations warrant penalties, the department shall consider:
            (1)  the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation and the
hazard of the violation to the health or safety of clients; and
            (2)  whether the affected home and community support
services agency had identified the violation as a part of its
internal quality assurance process and had made appropriate
progress on correction.
      (d)  The department by rule shall establish a schedule of
appropriate and graduated penalties for each violation based on:
            (1)  the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation and the
hazard or safety of clients;
            (2)  the history of previous violations;
            (3)  whether the affected home and community support
services agency had identified the violation as a part of its
internal quality assurance process and had made appropriate
progress on correction;
            (4)  the amount necessary to deter future violations;
            (5)  efforts made to correct the violation; and
            (6)  any other matters that justice may require.
      (e)  The department by rule shall provide the home and
community support services agency with a reasonable period of time
following the first day of a violation to correct the violation
before assessing an administrative penalty if a plan of correction
has been implemented.
      (f)  An administrative penalty may not be assessed for minor
violations unless those violations are of a continuing nature or
are not corrected.
      (g)  The department shall establish a system to ensure
standard and consistent application of penalties regardless of the
home and community support services agency location.
      (h)  All proceedings for the assessment of an administrative
penalty under this chapter are subject to Chapter 2001, Government
Code.
      (i)  The department may not assess an administrative penalty
against a state agency.