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.