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.