SRC-MKV, MWN S.B. 38 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 38
77R513 MI-DBy: Zaffirini
Health and Human Services
1/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, the construction or remodeling of a nursing facility is not
required to be reviewed by the Texas Department of Human Services (DHS) for
compliance with health and safety regulations prior to the construction or
remodeling.  This bill allows DHS staff, at the request of a facility and
for a reasonable fee, to review architectural plans for a new or renovated
facility for compliance with health and safety standards.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Human
Services in SECTION 1 (Section 103.0075, Human Resources Code), SECTION 2 (
Section 242.0385, Health and Safety Code), and SECTION 3 (Section 252.0375,
Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 103, Human Resources Code, by adding Section
103.0075, as  follows: 

Sec. 103.0075. EARLY COMPLIANCE REVIEW. Requires the Texas Department of
Human Services (the department) by rule to adopt a procedure under which a
person proposing to construct or modify an adult day-care facility to
submit building plans to the department for review for compliance with the
department's architectural requirements before beginning construction or
modification. Requires the department, in adopting the procedure, to set
reasonable deadlines by which the department must complete review of
submitted plans. Requires the department, within 30 days, to review plans
submitted under this section for compliance with the department's
architectural requirements and inform the person of the results of the
review. Prohibits the department, if the plans comply with the department's
architectural requirements, from subsequently changing the architectural
requirements applicable under certain conditions. Authorizes the department
to charge a reasonable fee for conducting a review under this section.
Requires a fee collected under this section to deposited in the general
revenue fund and to be appropriated only to the department to conduct
reviews under this section. Prohibits  the review procedure provided by
this section to include review of building plans for compliance with the
Texas Accessibility Standards as administered and enforced by the Texas
Department of Licensing and Regulation. 

SECTION 2. Amends  Chapter 242B, Health and Safety Code, by adding Section
242.0385 as follows: 

Sec. 242.0385. EARLY COMPLIANCE REVIEW. Requires the department by rule to
adopt a procedure under which a person proposing to construct or modify an
institution to submit building plans to the department for review in
complying with the department's architectural requirements before beginning
construction or modification. Requires the department, in adopting the
procedure, to set reasonable deadlines by which the department must
complete review of submitted plans. Requires the department, within 30
days, to review plans submitted  under this section for compliance with the
department's architectural requirements and inform the person of the
results of the review. Prohibits the department, if the plans comply with
the department's architectural  requirements from subsequently changing the
architectural requirements applicable to the project unless the change is
required by federal law or the person fails to complete the project within
a reasonable time. Makes conforming changes. 

SECTION 3. Amends Chapter 252B, Health and Safety Code, by adding Section
252.0375 as follows: 

 Sec. 252.0375. EARLY COMPLIANCE REVIEW. Makes conforming changes.

SECTION 4. Effective date: September 1, 2001.