1-1     By:  Carona                                           S.B. No. 1159

 1-2           (In the Senate - Filed March 11, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Health and Human Services;

 1-4     April 8, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 11, Nays 0; April 8, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1159                  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.  Subsection (b), Section 247.026, Health and

1-36     Safety Code, is 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.  Subsection (a), Section 247.044, Health and

1-47     Safety Code, is 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 personal care facility is operating without a

1-55     license.

1-56           SECTION 4.  Section 247.045, Health and Safety Code, is

1-57     amended to read as follows:

1-58           Sec. 247.045.  CIVIL PENALTIES.  (a)  A person who violates

1-59     this chapter or who fails to comply with a rule adopted under this

1-60     chapter and whose violation is determined by the department to

1-61     threaten the health and safety of a resident of a personal care

1-62     facility is subject to a civil penalty of not less than $1,000

1-63     [$100] nor more than $10,000 for each act of violation.  Each day

1-64     of a continuing violation constitutes a separate ground of

 2-1     recovery.

 2-2           (b)  A person is subject to a civil penalty if the person:

 2-3                 (1)  is in violation of Section 247.021; or

 2-4                 (2)  has been determined to be in violation of Section

 2-5     247.021 and violates any other provision of this chapter or fails

 2-6     to comply with a rule adopted under this chapter.

 2-7           (c)  The amount of a civil penalty under Subsection (b) may

 2-8     not be less than $1,000 or more than $10,000 for each act of

 2-9     violation.  Each day of a continuing violation constitutes a

2-10     separate ground of recovery.

2-11           (d)  If the attorney general fails to take action within 30

2-12     days of referral from the department, the department shall refer

2-13     the case to the local district attorney, county attorney, or city

2-14     attorney.  The district attorney, county attorney, or city attorney

2-15     shall file suit in a district court to collect and retain the

2-16     penalty.

2-17           SECTION 5.  Section 247.046, Health and Safety Code, as added

2-18     by Chapter 349, Acts of the 72nd Legislature, Regular Session,

2-19     1991, and amended by Chapter 76, Acts of the 74th Legislature,

2-20     1995, is amended to read as follows:

2-21           Sec. 247.046.  COOPERATION AMONG AGENCIES.  The board, the

2-22     Department of Protective and Regulatory Services, and the attorney

2-23     general shall adopt by rule a memorandum of understanding that:

2-24                 (1)  defines each agency's responsibilities concerning

2-25     personal care facilities and coordinates each agency's activities;

2-26                 (2)  details coordinated procedures to be used by each

2-27     agency in responding to complaints relating to neglect or abuse of

2-28     residents of facilities, to substandard facilities, and to

2-29     unlicensed facilities;

2-30                 (3)  identifies enforcement needs each agency may have

2-31     in order to perform its duties under the memorandum of

2-32     understanding, including any need for access to information or to

2-33     facilities under investigation or operating under a plan of

2-34     correction; and

2-35                 (4)  provides a plan for correcting violations in

2-36     substandard or unlicensed personal care facilities that specifies

2-37     the conditions under which it is appropriate to impose such a plan

2-38     and that outlines a schedule of implementation for the plan.

2-39           SECTION 6.  This Act takes effect September 1, 1997.

2-40           SECTION 7.  The importance of this legislation and the

2-41     crowded condition of the calendars in both houses create an

2-42     emergency and an imperative public necessity that the

2-43     constitutional rule requiring bills to be read on three several

2-44     days in each house be suspended, and this rule is hereby suspended.

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