HBA-NMO H.B. 1302 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1302
By: Naishtat
Public Health
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires the attorney general, on request of the Texas
Department of Human Services (DHS), to represent the state in civil penalty
cases brought against intermediate care facilities for the mentally
retarded.  Recent challenges to the attorney general's authority to
represent the state in civil penalty cases against nursing facilities in
district courts, some of which have granted defendants' motions to dismiss,
have raised concern that similar challenges will arise in cases against
intermediate care facilities for the mentally retarded.  H.B. 1302
authorizes the attorney general, on request of DHS, to institute an action
in a district court to collect a civil penalty against a person who
violates Chapter 252 (Intermediate Care Facilities for the Mentally
Retarded), Health and Safety Code. 

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 Section 252.064(c), Health and Safety Code, to
authorize, rather than require, the attorney general, on request of the
Texas Department of Human Services, to institute an action in a district
court, rather than bring a suit, to collect a civil penalty under this
section (Civil Penalty). 

SECTION 2.  Emergency clause.
  Effective date: upon passage.