By Hochberg                                           H.B. No. 1596

         75R5598 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to unlicensed personal care facilities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter B, Chapter 247, Health and Safety

 1-5     Code, is amended by adding Section 247.029 to read as follows:

 1-6           Sec. 247.029.  MUNICIPAL ENFORCEMENT.  The governing body of

 1-7     a municipality by ordinance may:

 1-8                 (1)  prohibit a person who does not hold a license

 1-9     issued under this chapter from establishing or operating a personal

1-10     care facility within the municipality; and

1-11                 (2)  establish a procedure for emergency closure of a

1-12     facility in circumstances in which:

1-13                       (A)  the facility is established or operating in

1-14     violation of Section 247.021; and

1-15                       (B)  the continued operation of the facility

1-16     creates an immediate threat to the health and safety of a resident

1-17     of the facility.

1-18           SECTION 2.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended,

1-23     and that this Act take effect and be in force from and after its

1-24     passage, and it is so enacted.