JKC H.B. 1596 75(R)    BILL ANALYSIS


HUMAN SERVICES
H.B. 1596
By: Hochberg
3-31-97
Committee Report (Unamended)



BACKGROUND 

Personal care facilities are required to be licensed under Texas law.
Many operators of personal care facilities, however, have chosen to keep
their facilities unlicensed, therefore avoiding compliance with state
standards.  The state has been ineffective in bringing unlicensed personal
care facilities into compliance. 
 
PURPOSE

To allow cities, upon the adoption of a municipal ordinance, to enforce
the licensing requirement for personal care facilities. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Subchapter B, Chapter 247 of the Health and Safety Code
by adding Section 247.029, stating that a municipal government may issue
an ordinance to achieve the following: 

(1)Prohibit a person who does not hold a required state license from
establishing or operating a personal care facility; and 

(2)Provide for the emergency closure of a facility that is operating in
violation of Section 247.021 and its continued operation poses an
immediate threat to the health and safety of a resident. 

SECTION 2.Emergency Clause.