1-1 By: Wohlgemuth, Hilderbran (Senate Sponsor - Carona) H.B. No. 2601
1-2 (In the Senate - Received from the House April 21, 1997;
1-3 April 23, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 5, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-6 May 5, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2601 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to regulating personal care facilities; providing for a
1-11 civil penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 247.024, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 247.024. [LICENSE] FEES; DISPOSITION OF REVENUE.
1-16 (a) The board shall set license fees imposed by this chapter in
1-17 amounts reasonable and necessary to defray the cost of
1-18 administering this chapter, but not to exceed:
1-19 (1) $300 for a personal care facility that has not
1-20 more than 10 beds;
1-21 (2) $350 for a personal care facility that has not
1-22 less than 11 or more than 20 beds; and
1-23 (3) $400 for a personal care facility that has 21 or
1-24 more beds.
1-25 (b) All fees or penalties collected under this chapter shall
1-26 be deposited in the state treasury to the credit of the general
1-27 revenue [personal care facility licensing] fund and shall be
1-28 appropriated to the department only to administer and enforce this
1-29 chapter.
1-30 (c) Investigation fees or attorney's fees may not be
1-31 assessed against or collected from a personal care facility by or
1-32 on behalf of the department or another state agency unless the
1-33 department or other state agency assesses and collects a penalty
1-34 authorized by this chapter from the facility.
1-35 SECTION 2. Section 247.026(b), Health and Safety Code, is
1-36 amended to read as follows:
1-37 (b) The standards must:
1-38 (1) clearly differentiate a personal care facility
1-39 from an institution required to be licensed under Chapter 242;
1-40 [and]
1-41 (2) ensure quality care and protection of the
1-42 residents' health and safety without excessive cost; and
1-43 (3) require a personal care facility to use its
1-44 license number in all advertisements, solicitations, and
1-45 promotional materials.
1-46 SECTION 3. Section 247.044(a), Health and Safety Code, is
1-47 amended to read as follows:
1-48 (a) The department may petition a district court for a
1-49 temporary restraining order to restrain a continuing violation of
1-50 the standards or licensing requirements provided under this chapter
1-51 if the department finds that:
1-52 (1) the violation creates an immediate threat to the
1-53 health and safety of the personal care facility residents; or
1-54 (2) the facility is operating without a license.
1-55 SECTION 4. Section 247.045, Health and Safety Code, is
1-56 amended to read as follows:
1-57 Sec. 247.045. CIVIL PENALTIES. (a) A person who violates
1-58 this chapter or who fails to comply with a rule adopted under this
1-59 chapter and whose violation is determined by the department to
1-60 threaten the health and safety of a resident of a personal care
1-61 facility is subject to a civil penalty of not less than $100 nor
1-62 more than $10,000 for each act of violation. Each day of a
1-63 continuing violation constitutes a separate ground of recovery.
1-64 (b) A person is subject to a civil penalty if the person:
2-1 (1) is in violation of Section 247.021; or
2-2 (2) has been determined to be in violation of Section
2-3 247.021 and violates any other provision of this chapter or fails
2-4 to comply with a rule adopted under this chapter.
2-5 (c) The amount of a civil penalty under Subsection (b) may
2-6 not be less than $1,000 or more than $10,000 for each act of
2-7 violation. Each day of a continuing violation constitutes a
2-8 separate ground of recovery.
2-9 SECTION 5. Section 247.046, Health and Safety Code, as added
2-10 by Chapter 349, Acts of the 72nd Legislature, Regular Session,
2-11 1991, and amended by Chapter 76, Acts of the 74th Legislature,
2-12 Regular Session, 1995, is amended to read as follows:
2-13 Sec. 247.046. COOPERATION AMONG AGENCIES. The board, the
2-14 Department of Protective and Regulatory Services, and the attorney
2-15 general shall adopt by rule a memorandum of understanding that:
2-16 (1) defines each agency's responsibilities concerning
2-17 personal care facilities and coordinates each agency's activities;
2-18 (2) details coordinated procedures to be used by each
2-19 agency in responding to complaints relating to neglect or abuse of
2-20 residents of facilities, to substandard facilities, and to
2-21 unlicensed facilities;
2-22 (3) identifies enforcement needs each agency may have
2-23 in order to perform its duties under the memorandum of
2-24 understanding, including any need for access to information or to
2-25 facilities under investigation or operating under a plan of
2-26 correction; and
2-27 (4) provides a plan for correcting violations in
2-28 substandard or unlicensed personal care facilities that specifies
2-29 the conditions under which it is appropriate to impose such a plan
2-30 and that outlines a schedule of implementation for the plan.
2-31 SECTION 6. This Act takes effect September 1, 1997.
2-32 SECTION 7. The importance of this legislation and the
2-33 crowded condition of the calendars in both houses create an
2-34 emergency and an imperative public necessity that the
2-35 constitutional rule requiring bills to be read on three several
2-36 days in each house be suspended, and this rule is hereby suspended.
2-37 * * * * *