HBA-JRA, NLM H.B. 689 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 689
By: Wohlgemuth
Human Services
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

A personal care facility is an establishment that furnishes food and
shelter to four or more persons (who are unrelated to the proprietor of the
establishment) and provides personal care services such as assistance with
personal needs or maintenance, the administration of medication, and
general supervision or oversight of the physical and mental well-being of a
person.  The 75th Texas Legislature adopted comprehensive legislation
regarding the detection of unlicensed personal care facilities and
punishment of their operators. 

The purpose of H.B. 689 is to follow up that legislation by establishing
comprehensive data collection and monitoring procedures for unlicensed
personal care facilities.  H.B. 689 requires the Texas Board of Human
Services to monitor the status of unlicensed personal care facilities and
maintain a registry of all reported unlicensed facilities.  In addition,
this bill requires the Texas Board of Human Services and the attorney
general to file quarterly reports with the legislature. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 247, Health and Safety Code, by
adding Section 247.047, as follows: 

Sec.  247.047.  MONITORING OF UNLICENSED FACILITIES; REPORTING.  Requires
the Texas Board of Human Services (board) to adopt procedures to monitor
the status of unlicensed personal care facilities and to maintain a
registry of all reported unlicensed facilities.  Requires the board to
prepare a quarterly report that shows the number of cases referred to the
attorney general and the number of complaints relating to unlicensed
personal care facilities that are received, investigated, unsubstantiated,
and substantiated.  Requires the attorney general to prepare a quarterly
report that shows the number of operators permanently enjoined from
operating an unlicensed personal care facility, the number of unlicensed
personal care facilities that are  referred to the attorney general, the
facilities  that are closed, the number of referrals pending and
investigated, and the amount of civil penalties collected from operators of
such facilities.  Requires the Texas Department of Human Services
(department) and the attorney general to file a copy of the quarterly
reports with the substantive committees of each house of the legislature
with jurisdiction over regulation of personal care facilities. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.