By Garcia H.B. No. 841
76R703 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain penalties imposed on convalescent and nursing
1-3 homes and related institutions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 242, Health and Safety
1-6 Code, is amended by adding Section 242.0661 to read as follows:
1-7 Sec. 242.0661. MINIMUM AMOUNT OF CIVIL OR ADMINISTRATIVE
1-8 PENALTY. (a) The minimum amount of a civil or administrative
1-9 penalty assessed under this subchapter is $5,000 a day for each
1-10 violation if the department or court, as applicable, finds that,
1-11 within one year before the date of the violation for which the
1-12 penalty is to be assessed, the institution had committed a separate
1-13 violation with respect to which:
1-14 (1) the institution's license was denied, suspended,
1-15 or revoked under Section 242.061;
1-16 (2) an injunction was issued under Section 242.063;
1-17 (3) an administrative or civil penalty was assessed
1-18 under Section 242.065 or 242.066;
1-19 (4) the institution exercised a right to correct under
1-20 Section 242.0665; or
1-21 (5) another remedy was imposed against the institution
1-22 under Section 242.071.
1-23 (b) Each day of a continuing violation constitutes a
1-24 separate violation. However, a violation is not subject to
2-1 enhancement of the minimum amount of a civil or administrative
2-2 penalty under this section solely because the conduct continues for
2-3 a period that exceeds one day.
2-4 (c) The enhancement of the minimum amount of a penalty under
2-5 this section applies without regard to whether the previous
2-6 violation or the violation for which the penalty is being assessed:
2-7 (1) is subject to Section 242.066(f); or
2-8 (2) is or would have otherwise been subject to a right
2-9 to correct under Section 242.0665.
2-10 SECTION 2. Section 242.065(a), Health and Safety Code, is
2-11 amended to read as follows:
2-12 (a) A person who violates or causes a violation of this
2-13 chapter or a rule adopted under this chapter is liable for a civil
2-14 penalty of not less than $1,000 or more than $20,000 for each act
2-15 of violation if the department determines the violation threatens
2-16 the health and safety of a resident. The penalty is subject to
2-17 enhancement of the minimum amount of the penalty under Section
2-18 242.0661, if applicable.
2-19 SECTION 3. Section 242.066(b), Health and Safety Code, is
2-20 amended to read as follows:
2-21 (b) Except as provided by Subsection (f) and Section
2-22 242.0665(c), the penalty may not exceed $10,000 a day for each
2-23 violation. The penalty is subject to enhancement of the minimum
2-24 amount of the penalty under Section 242.0661, if applicable.
2-25 SECTION 4. Section 242.0665(b), Health and Safety Code, is
2-26 amended to read as follows:
2-27 (b) Subsection (a) does not apply:
3-1 (1) to a violation that the department determines:
3-2 (A) results in serious harm to or death of a
3-3 resident;
3-4 (B) constitutes a serious threat to the health
3-5 or safety of a resident; or
3-6 (C) substantially limits the institution's
3-7 capacity to provide care;
3-8 (2) to a violation described by Sections
3-9 242.066(a)(2)-(6);
3-10 (3) to a violation subject to enhancement of the
3-11 minimum amount of the penalty under Section 242.0661;
3-12 (4) to a violation of a rule adopted under Section
3-13 242.1225 or of Section 242.133 or 242.1335; or
3-14 (5) [(4)] to a violation of a right of a resident
3-15 adopted under Subchapter L.
3-16 SECTION 5. (a) This Act takes effect September 1, 1999.
3-17 (b) This Act applies only to a civil or administrative
3-18 penalty assessed for conduct that occurs on or after the effective
3-19 date of this Act. A civil or administrative penalty assessed for
3-20 conduct that occurred before the effective date of this Act is
3-21 governed by the law as it existed immediately before the effective
3-22 date of this Act, and that law is continued in effect for that
3-23 purpose.
3-24 (c) A violation described by Sections 242.0661(a)(1)-(5),
3-25 Health and Safety Code, as added by this Act, may not be the basis
3-26 for enhancing the minimum amount of a civil or administrative
3-27 penalty under Section 242.0661, Health and Safety Code, as added by
4-1 this Act, if the violation occurred before the effective date of
4-2 this Act.
4-3 SECTION 6. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.