By Wohlgemuth                                          H.B. No. 689
         76R2798 CMR-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of unlicensed personal care facilities.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter C, Chapter 247, Health and Safety
 1-5     Code, is amended by adding Section 247.047 to read as follows:
 1-6           Sec. 247.047.  MONITORING OF UNLICENSED FACILITIES;
 1-7     REPORTING.  (a)  The board shall adopt procedures to monitor the
 1-8     status of unlicensed personal care facilities. As part of these
 1-9     procedures, the department shall:
1-10                 (1)  maintain a registry of all reported unlicensed
1-11     personal care facilities, for the purpose of periodic follow-up by
1-12     the field staff in each region; and
1-13                 (2)  prepare a quarterly report that shows the number
1-14     of:
1-15                       (A)  complaints relating to unlicensed personal
1-16     care facilities that are received;
1-17                       (B)  complaints that are investigated;
1-18                       (C)  unsubstantiated complaints;
1-19                       (D)  substantiated complaints; and
1-20                       (E)  cases referred to the attorney general.
1-21           (b)  The attorney general shall prepare a quarterly report
1-22     that shows:
1-23                 (1)  the number of:
1-24                       (A)  unlicensed personal care facilities referred
 2-1     to the attorney general;
 2-2                       (B)  referrals pending;
 2-3                       (C)  referrals investigated;
 2-4                       (D)  facilities closed; and
 2-5                       (E)  operators permanently enjoined from
 2-6     operating an unlicensed personal care facility; and
 2-7                 (2)  the amount of civil penalties collected from
 2-8     operators of unlicensed personal care facilities.
 2-9           (c)  The department and the attorney general shall file a
2-10     copy of the quarterly reports required by this section with the
2-11     substantive committees of each house of the legislature with
2-12     jurisdiction over regulation of personal care facilities.
2-13           SECTION 2.  This Act takes effect September 1, 1999.
2-14           SECTION 3.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.