By Carona S.B. No. 1064
75R7840 SKB-D
A BILL TO BE ENTITLED
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 247.026(b), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (b) The standards must:
1-8 (1) clearly differentiate a personal care facility
1-9 from an institution required to be licensed under Chapter 242;
1-10 [and]
1-11 (2) ensure quality care and protection of the
1-12 residents' health and safety without excessive cost; and
1-13 (3) require a personal care facility to use its
1-14 license number in all advertisements, solicitations, and
1-15 promotional materials.
1-16 SECTION 2. Section 247.044(a), Health and Safety Code, is
1-17 amended to read as follows:
1-18 (a) The department may petition a district court for a
1-19 temporary restraining order to restrain a continuing violation of
1-20 the standards or licensing requirements provided under this chapter
1-21 if the department finds that:
1-22 (1) the violation creates an immediate threat to the
1-23 health and safety of the personal care facility residents; or
1-24 (2) the facility is operating without a license.
2-1 SECTION 3. Section 247.045, Health and Safety Code, is
2-2 amended to read as follows:
2-3 Sec. 247.045. CIVIL PENALTIES. (a) A person who violates
2-4 this chapter or who fails to comply with a rule adopted under this
2-5 chapter and whose violation is determined by the department to
2-6 threaten the health and safety of a resident of a personal care
2-7 facility is subject to a civil penalty of not less than $100 nor
2-8 more than $10,000 for each act of violation. Each day of a
2-9 continuing violation constitutes a separate ground of recovery.
2-10 (b) A person is subject to a civil penalty if the person:
2-11 (1) is in violation of Section 247.021 and the
2-12 violation is determined by the department to threaten the health
2-13 and safety of a resident of a personal care facility; or
2-14 (2) has been determined to be in violation of Section
2-15 247.021 and violates any other provision of this chapter or fails
2-16 to comply with a rule adopted under this chapter and the violation
2-17 or failure to comply is determined by the department to threaten
2-18 the health and safety of a resident of a personal care facility.
2-19 (c) The amount of a civil penalty under Subsection (b) may
2-20 not be less than $1,000 or more than $10,000 for each act of
2-21 violation. Each day of a continuing violation constitutes a
2-22 separate ground of recovery.
2-23 SECTION 4. Section 247.046, Health and Safety Code, as added
2-24 by Chapter 349, Acts of the 72nd Legislature, Regular Session,
2-25 1991, and amended by Chapter 76, Acts of the 74th Legislature,
2-26 Regular Session, 1995, is amended to read as follows:
2-27 Sec. 247.046. COOPERATION AMONG AGENCIES. The board, the
3-1 Department of Protective and Regulatory Services, and the attorney
3-2 general shall adopt by rule a memorandum of understanding that:
3-3 (1) defines each agency's responsibilities concerning
3-4 personal care facilities and coordinates each agency's activities;
3-5 (2) details coordinated procedures to be used by each
3-6 agency in responding to complaints relating to neglect or abuse of
3-7 residents of facilities, to substandard facilities, and to
3-8 unlicensed facilities;
3-9 (3) identifies enforcement needs each agency may have
3-10 in order to perform its duties under the memorandum of
3-11 understanding, including any need for access to information or to
3-12 facilities under investigation or operating under a plan of
3-13 correction; and
3-14 (4) provides a plan for correcting violations in
3-15 substandard or unlicensed personal care facilities that specifies
3-16 the conditions under which it is appropriate to impose such a plan
3-17 and that outlines a schedule of implementation for the plan.
3-18 SECTION 5. This Act takes effect September 1, 1997.
3-19 SECTION 6. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.