AN ACT
 1-1     relating to the licensing of ambulatory surgical centers.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Subsection (b), Section 243.006, Health and
 1-4     Safety Code, is amended to read as follows:
 1-5           (b)  An ambulatory surgical center licensed by the department
 1-6     and certified under Title XVIII of the Social Security Act (42
 1-7     U.S.C. Section 1395 et seq.) is [not] subject to an on-site
 1-8     [additional] licensing inspection [inspections] under this chapter
 1-9     once every three years while the center maintains the
1-10     certification.
1-11           SECTION 2.  Chapter 243, Health and Safety Code, is amended
1-12     by adding Section 243.0115 to read as follows:
1-13           Sec. 243.0115.  EMERGENCY SUSPENSION.  The department may
1-14     issue an emergency order to suspend a license issued under this
1-15     chapter if the department has reasonable cause to believe that the
1-16     conduct of a license holder creates an immediate danger to the
1-17     public health and safety.  An emergency suspension is effective
1-18     immediately without a hearing on notice to the license holder.  On
1-19     written request of the license holder, the department shall conduct
1-20     a hearing not earlier than the 10th day or later than the 30th day
1-21     after the date the hearing request is received to determine if the
1-22     emergency suspension is to be continued, modified, or rescinded.
1-23     The hearing and any appeal are governed by the department's rules
1-24     for a contested case hearing and Chapter 2001, Government Code.
 2-1           SECTION 3.  (a)  This Act takes effect September 1, 1999.
 2-2           (b)  The change in law made by this Act relating to emergency
 2-3     suspension applies only to a violation that occurs on or after the
 2-4     effective date of this Act.  For the purposes of this section, a
 2-5     violation is committed before the effective date of this Act if any
 2-6     element of the violation occurs before that date.  A violation that
 2-7     occurred before the effective date of this Act is covered by the
 2-8     law in effect when the violation occurred, and the former law is
 2-9     continued in effect for that purpose.
2-10           SECTION 4.  The importance of this legislation and the
2-11     crowded condition of the calendars in both houses create an
2-12     emergency and an imperative public necessity that the
2-13     constitutional rule requiring bills to be read on three several
2-14     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1249 passed the Senate on
         April 15, 1999, by the following vote:  Yeas 30, Nays 0; and that
         the Senate concurred in House amendment on May 28, 1999, by a
         viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1249 passed the House, with
         amendment, on May 26, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor