SRC-TBR H.B. 481 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 481
77R2938 JAT-DBy: Naishtat (Zaffirini)
Health & Human Services
4/11/2001
Engrossed


DIGEST AND PURPOSE 

Current law authorizes the commissioner of human services to require a
person to use any portion of an administrative penalty to ameliorate a
violation by redirecting the fine to improve direct care services in the
institution affected by the violation.  H.B. 481 authorizes certain persons
charged with a violation to submit to the department a plan to use any
portion of the penalty to ameliorate the violation or to improve direct
care services.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Human
Services in SECTION 1 (Section 242.0675, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 242C, Health and Safety Code, by adding Section
242.0675, as follows: 

Sec. 242.0675.  AMELIORATION OF VIOLATION.  (a)  Provides that after
receipt of notice of a violation under Section 242.067(c), a person charged
with a violation other than a violation subject to correction under Section
242.0665 may submit to the department a plan to use any portion of the
penalty to ameliorate the violation or to improve services, other than
administrative services, in the facility affected by the violation.
Requires the person charged with the violation, if the Texas Department of
Human Services (department) approves the amelioration plan, to agree to
waive the right to an administrative hearing on the charged violation under
Section 242.068. 

  (b)  Requires the department to adopt rules to implement this section.

SECTION 2.  Repealer: Section 242.071 (Amelioration of Violation) Health
and Safety Code. 

SECTION 3.  Effective date: September 1, 2001.  Makes application of this
Act prospective.