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