76R14698 MCK-D By Nelson S.B. No. 1232 Substitute the following for S.B. No. 1232: By Capelo C.S.S.B. No. 1232 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of birthing centers. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 244.006, Health and Safety Code, is 1-5 amended to read as follows: 1-6 Sec. 244.006. INSPECTIONS. (a) The department may inspect 1-7 a birthing center at reasonable times as necessary to assure 1-8 compliance with this chapter. 1-9 (b) If a birthing center's failure to comply with this 1-10 chapter creates a serious threat to the health and safety of the 1-11 public, the department may appoint a monitor for the center to 1-12 ensure compliance with this chapter. The birthing center shall be 1-13 liable for the cost of the monitor. 1-14 SECTION 2. Subsection (a), Section 244.011, Health and 1-15 Safety Code, is amended to read as follows: 1-16 (a) The department may deny, suspend, or revoke a license 1-17 for: 1-18 (1) a violation of this chapter or a rule adopted 1-19 under this chapter; or 1-20 (2) a history of continuing noncompliance with this 1-21 chapter or the rules adopted under this chapter. 1-22 SECTION 3. Chapter 244, Health and Safety Code, is amended 1-23 by adding Sections 244.0105 and 244.0115 to read as follows: 1-24 Sec. 244.0105. COMPLAINTS. A person may file a complaint 2-1 with the department against a birthing center licensed under this 2-2 chapter. A person who files a false complaint may be prosecuted 2-3 under the Penal Code. 2-4 Sec. 244.0115. EMERGENCY SUSPENSION. The department may 2-5 issue an emergency order to suspend a license issued under this 2-6 chapter if the department has reasonable cause to believe that the 2-7 conduct of a license holder creates an immediate danger to the 2-8 public health and safety. On written request of the license 2-9 holder, the department shall conduct a hearing not earlier than the 2-10 seventh day or later than the 10th day after the date the notice of 2-11 the emergency suspension is sent to the license holder to determine 2-12 if the emergency suspension is to take effect, to be modified, or 2-13 to be rescinded. The hearing and any appeal are governed by the 2-14 department's rules for a contested case hearing and Chapter 2001, 2-15 Government Code. 2-16 SECTION 4. (a) This Act takes effect September 1, 1999. 2-17 (b) The change in law made by this Act relating to emergency 2-18 suspension applies only to a violation that occurs on or after the 2-19 effective date of this Act. For the purposes of this section, a 2-20 violation is committed before the effective date of this Act if any 2-21 element of the violation occurs before that date. A violation that 2-22 occurred before the effective date of this Act is covered by the 2-23 law in effect when the violation occurred, and the former law is 2-24 continued in effect for that purpose. 2-25 SECTION 5. The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 2-27 emergency and an imperative public necessity that the 3-1 constitutional rule requiring bills to be read on three several 3-2 days in each house be suspended, and this rule is hereby suspended.