1-1 AN ACT
1-2 relating to regulating personal care facilities; providing for a
1-3 civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 247.024, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 247.024. [LICENSE] FEES; DISPOSITION OF REVENUE.
1-8 (a) The board shall set license fees imposed by this chapter in
1-9 amounts reasonable and necessary to defray the cost of
1-10 administering this chapter, but not to exceed:
1-11 (1) $300 for a personal care facility that has not
1-12 more than 10 beds;
1-13 (2) $350 for a personal care facility that has not
1-14 less than 11 or more than 20 beds; and
1-15 (3) $400 for a personal care facility that has 21 or
1-16 more beds.
1-17 (b) All fees or penalties collected under this chapter shall
1-18 be deposited in the state treasury to the credit of the general
1-19 revenue [personal care facility licensing] fund and shall be
1-20 appropriated to the department only to administer and enforce this
1-21 chapter.
1-22 (c) Investigation fees or attorney's fees may not be
1-23 assessed against or collected from a personal care facility by or
2-1 on behalf of the department or another state agency unless the
2-2 department or other state agency assesses and collects a penalty
2-3 authorized by this chapter from the facility.
2-4 SECTION 2. Section 247.026(b), Health and Safety Code, is
2-5 amended to read as follows:
2-6 (b) The standards must:
2-7 (1) clearly differentiate a personal care facility
2-8 from an institution required to be licensed under Chapter 242;
2-9 [and]
2-10 (2) ensure quality care and protection of the
2-11 residents' health and safety without excessive cost; and
2-12 (3) require a personal care facility to use its
2-13 license number in all advertisements, solicitations, and
2-14 promotional materials.
2-15 SECTION 3. Section 247.044(a), Health and Safety Code, is
2-16 amended to read as follows:
2-17 (a) The department may petition a district court for a
2-18 temporary restraining order to restrain a continuing violation of
2-19 the standards or licensing requirements provided under this chapter
2-20 if the department finds that:
2-21 (1) the violation creates an immediate threat to the
2-22 health and safety of the personal care facility residents; or
2-23 (2) the facility is operating without a license.
2-24 SECTION 4. Section 247.045, Health and Safety Code, is
2-25 amended to read as follows:
3-1 Sec. 247.045. CIVIL PENALTIES. (a) A person who violates
3-2 this chapter or who fails to comply with a rule adopted under this
3-3 chapter and whose violation is determined by the department to
3-4 threaten the health and safety of a resident of a personal care
3-5 facility is subject to a civil penalty of not less than $100 nor
3-6 more than $10,000 for each act of violation. Each day of a
3-7 continuing violation constitutes a separate ground of recovery.
3-8 (b) A person is subject to a civil penalty if the person:
3-9 (1) is in violation of Section 247.021; or
3-10 (2) has been determined to be in violation of Section
3-11 247.021 and violates any other provision of this chapter or fails
3-12 to comply with a rule adopted under this chapter.
3-13 (c) The amount of a civil penalty under Subsection (b) may
3-14 not be less than $1,000 or more than $10,000 for each act of
3-15 violation. Each day of a continuing violation constitutes a
3-16 separate ground of recovery.
3-17 SECTION 5. Section 247.046, Health and Safety Code, as added
3-18 by Chapter 349, Acts of the 72nd Legislature, Regular Session,
3-19 1991, and amended by Chapter 76, Acts of the 74th Legislature,
3-20 Regular Session, 1995, is amended to read as follows:
3-21 Sec. 247.046. COOPERATION AMONG AGENCIES. The board, the
3-22 Department of Protective and Regulatory Services, and the attorney
3-23 general shall adopt by rule a memorandum of understanding that:
3-24 (1) defines each agency's responsibilities concerning
3-25 personal care facilities and coordinates each agency's activities;
4-1 (2) details coordinated procedures to be used by each
4-2 agency in responding to complaints relating to neglect or abuse of
4-3 residents of facilities, to substandard facilities, and to
4-4 unlicensed facilities;
4-5 (3) identifies enforcement needs each agency may have
4-6 in order to perform its duties under the memorandum of
4-7 understanding, including any need for access to information or to
4-8 facilities under investigation or operating under a plan of
4-9 correction; and
4-10 (4) provides a plan for correcting violations in
4-11 substandard or unlicensed personal care facilities that specifies
4-12 the conditions under which it is appropriate to impose such a plan
4-13 and that outlines a schedule of implementation for the plan.
4-14 SECTION 6. This Act takes effect September 1, 1997.
4-15 SECTION 7. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2601 was passed by the House on April
18, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2601 on May 14, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2601 was passed by the Senate, with
amendments, on May 12, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor