HBA-MPM S.B. 380 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 380
By: Zaffirini (Naishtat)
Public Health
3/2/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Human Services (department) can require
the attorney general to conduct a suit to collect civil penalties against
intermediate care facilities for the mentally retarded.  S.B. 380 revises
the attorney general's role in bringing suit against these facilities from
being required to bring a suit at the department's request, to being
authorized to institute an action at the department's request. 

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

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