By McClendon                                    H.B. No. 1413

      75R6259 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to enforcement of certain requirements relating to nursing

 1-3     homes and similar facilities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 242.063(a), (b), and (c), Health and

 1-6     Safety Code, are amended to read as follows:

 1-7           (a)  The attorney general [department] may petition a

 1-8     district court for a temporary restraining order to restrain a

 1-9     person from continuing a violation of the standards prescribed by

1-10     this chapter.  The court may issue the temporary restraining order

1-11     if the court [department] finds that  the violation creates an

1-12     immediate threat to the health and safety of the institution's

1-13     residents.

1-14           (b)  A district court, on petition of the attorney general

1-15     [department], may by injunction:

1-16                 (1)  prohibit a person from continuing a violation of

1-17     the standards or licensing requirements prescribed by this chapter;

1-18                 (2)  restrain or prevent the establishment, conduct,

1-19     management, or operation of an institution without a license issued

1-20     under this chapter; or

1-21                 (3)  grant the injunctive relief warranted by the facts

1-22     on a finding by the court that a person is violating the standards

1-23     or licensing requirements prescribed by this chapter.

 2-1           (c)  The attorney general:

 2-2                 (1)  may institute and conduct in the name of the state

 2-3     a suit authorized by this section; and

 2-4                 (2)  shall, on request by the department, [shall]

 2-5     institute and conduct in the name of the state a suit authorized by

 2-6     this section or Subchapter D.

 2-7           SECTION 2.  Section 242.065, Health and Safety Code, is

 2-8     amended by amending Subsection (a) and adding Subsection (c) to

 2-9     read as follows:

2-10           (a)  A person who violates this chapter or a rule adopted

2-11     under this chapter is liable for a civil penalty of not less than

2-12     $100 or more than $10,000 for each act of violation if the

2-13     [department determines the] violation threatens the health and

2-14     safety of a resident.

2-15           (c)  The attorney general may institute and conduct in the

2-16     name of the state a suit authorized by this section.  The

2-17     department may request that the attorney general institute the

2-18     suit.

2-19           SECTION 3.  This Act takes effect September 1, 1997.

2-20           SECTION 4.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.