By: Moncrief S.B. No. 527
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to taking regulatory action against assisted living
1-3 facilities, including the imposition of administrative penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 247.002, Health and Safety Code, is
1-6 amended by adding Subdivision (7) to read as follows:
1-7 (7) "Commissioner" means the commissioner of human
1-8 services.
1-9 SECTION 2. Subchapter A, Chapter 247, Health and Safety
1-10 Code, is amended by adding Section 247.0025 to read as follows:
1-11 Sec. 247.0025. IMMEDIATE THREAT OF HARM. For purposes of
1-12 this chapter, there is considered to be an immediate threat to the
1-13 health or safety of a resident, or a situation is considered to put
1-14 the health or safety of a resident in immediate jeopardy, if there
1-15 is a high probability that serious harm or injury to the resident
1-16 could occur at any time or has already occurred and may occur again
1-17 if the resident is not protected from the harm or if the threat is
1-18 not removed.
1-19 SECTION 3. The section heading to Section 247.0272, Health
1-20 and Safety Code, is amended to read as follows:
1-21 Sec. 247.0272. INSPECTOR TRAINING; REQUIRED EXAMINATION.
1-22 SECTION 4. Section 247.0272, Health and Safety Code, is
1-23 amended by adding Subsections (c) and (d) to read as follows:
1-24 (c) The department shall examine department employees who
1-25 inspect or otherwise survey assisted living facilities under this
2-1 chapter. In developing the examination, the department shall
2-2 consult with operators of assisted living facilities or their
2-3 representatives and with consumers of personal care services
2-4 provided by assisted living facilities or representatives of
2-5 consumers.
2-6 (d) A department employee may not independently inspect,
2-7 survey, or take administrative action against an assisted living
2-8 facility unless the employee has passed the examination
2-9 administered under Subsection (c).
2-10 SECTION 5. Section 247.041, Health and Safety Code, is
2-11 amended to read as follows:
2-12 Sec. 247.041. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
2-13 (a) The department, after providing notice and opportunity for a
2-14 hearing to the applicant or license holder, may deny, suspend, or
2-15 revoke a license if the department finds that the applicant,
2-16 license holder, or a controlling person has:
2-17 (1) violated [for a violation of] this chapter or a
2-18 rule, standard, or order adopted or license issued under this
2-19 chapter in either a repeated or substantial manner; or
2-20 (2) committed any act described by Sections
2-21 247.0451(a)(2)-(6).
2-22 (b) The denial, suspension, or revocation of a license by
2-23 the department and the appeal from that action are governed by the
2-24 procedures for a contested case hearing under Chapter 2001,
2-25 Government Code.
2-26 (c) The status of a person as an applicant for a license or
3-1 as a license holder is preserved until final disposition of the
3-2 contested matter, except as the court having jurisdiction of a
3-3 judicial review of the matter may order in the public interest for
3-4 the welfare and safety of the residents.
3-5 (d) A court having jurisdiction of a judicial review of the
3-6 matter may not order arbitration, whether on motion of any party or
3-7 on the court's own motion, to resolve a dispute involving the
3-8 denial, suspension, or revocation of a license under this section
3-9 or the conduct with respect to which the denial, suspension, or
3-10 revocation of the license is sought.
3-11 SECTION 6. Section 247.042, Health and Safety Code, is
3-12 amended by amending Subsection (a) and adding Subsection (e) to
3-13 read as follows:
3-14 (a) If the department finds an assisted living facility
3-15 operating in violation of the standards prescribed by [under] this
3-16 chapter and the violations create an immediate threat to the health
3-17 and safety of a resident in the facility, the department shall
3-18 suspend the license or order immediate closing of [all or] part of
3-19 the facility.
3-20 (e) The department and the State Office of Administrative
3-21 Hearings shall expedite any hearing or decision involving an
3-22 emergency suspension or closing order issued under this section.
3-23 SECTION 7. Section 247.0455, Health and Safety Code, is
3-24 redesignated as Section 247.0459, Health and Safety Code, and
3-25 amended to read as follows:
3-26 Sec. 247.0459 [247.0455]. VIOLATION OF LAW RELATING TO
4-1 ADVANCE DIRECTIVES. (a) The department shall assess an
4-2 administrative penalty against an assisted living [a personal care]
4-3 facility that violates Section 166.004.
4-4 (b) A penalty assessed under this section shall be $500.
4-5 (c) The penalty shall be assessed in accordance with
4-6 department rules. The rules must provide for notice and an
4-7 opportunity for a hearing.
4-8 SECTION 8. Subchapter C, Chapter 247, Health and Safety
4-9 Code, is amended by adding Sections 247.0451 through 247.0457 to
4-10 read as follows:
4-11 Sec. 247.0451. ADMINISTRATIVE PENALTY. (a) The department
4-12 may assess an administrative penalty against a person who:
4-13 (1) violates this chapter or a rule, standard, or
4-14 order adopted under this chapter or a term of a license issued
4-15 under this chapter;
4-16 (2) makes a false statement, that the person knows or
4-17 should know is false, of a material fact:
4-18 (A) on an application for issuance or renewal of
4-19 a license or in an attachment to the application; or
4-20 (B) with respect to a matter under investigation
4-21 by the department;
4-22 (3) refuses to allow a representative of the
4-23 department to inspect:
4-24 (A) a book, record, or file required to be
4-25 maintained by an assisted living facility; or
4-26 (B) any portion of the premises of an assisted
5-1 living facility;
5-2 (4) wilfully interferes with the work of a
5-3 representative of the department or the enforcement of this
5-4 chapter;
5-5 (5) wilfully interferes with a representative of the
5-6 department preserving evidence of a violation of this chapter or a
5-7 rule, standard, or order adopted under this chapter or a term of a
5-8 license issued under this chapter; or
5-9 (6) fails to pay a penalty assessed under this chapter
5-10 not later than the 30th day after the date the assessment of the
5-11 penalty becomes final.
5-12 (b) Except as provided by Section 247.0452(c), the penalty
5-13 may not exceed $500 for each violation.
5-14 (c) The board shall establish gradations of penalties in
5-15 accordance with the relative seriousness of the violation.
5-16 (d) In determining the amount of a penalty, the department
5-17 shall consider any matter that justice may require, but must
5-18 consider each of the following and make a record of the extent to
5-19 which each of the following was considered:
5-20 (1) the gradations of penalties established under
5-21 Subsection (c);
5-22 (2) the seriousness of the violation, including the
5-23 nature, circumstances, extent, and gravity of the prohibited act
5-24 and the hazard or potential hazard created by the act to the health
5-25 or safety of the public;
5-26 (3) the history of previous violations;
6-1 (4) deterrence of future violations;
6-2 (5) efforts to correct the violation; and
6-3 (6) the size of the facility and of the business
6-4 entity that owns the facility.
6-5 (e) A penalty assessed under Subsection (a)(6) is in
6-6 addition to the penalty previously assessed and not timely paid.
6-7 Sec. 247.0452. RIGHT TO CORRECT. (a) The department may
6-8 not collect an administrative penalty from an assisted living
6-9 facility under Section 247.0451 if, not later than the 45th day
6-10 after the date the facility receives notice under Section
6-11 247.0453(c), the facility corrects the violation.
6-12 (b) Subsection (a) does not apply:
6-13 (1) to a violation that the department determines
6-14 results in serious harm to or death of a resident;
6-15 (2) to a violation described by Sections
6-16 247.0451(a)(2)-(6);
6-17 (3) to a second or subsequent violation of:
6-18 (A) a right of the same resident under Section
6-19 247.064; or
6-20 (B) the same right of all residents under
6-21 Section 247.064; or
6-22 (4) to a violation described by Section 247.066, which
6-23 contains its own right to correct provisions.
6-24 (c) An assisted living facility that corrects a violation
6-25 must maintain the correction. If the facility fails to maintain
6-26 the correction until at least the first anniversary of the date the
7-1 correction was made, the department may assess and collect an
7-2 administrative penalty for the subsequent violation. An
7-3 administrative penalty assessed under this subsection is equal to
7-4 three times the amount of the original penalty assessed but not
7-5 collected. The department is not required to provide the facility
7-6 with an opportunity under this section to correct the subsequent
7-7 violation.
7-8 Sec. 247.0453. REPORT RECOMMENDING ADMINISTRATIVE PENALTY.
7-9 (a) The department shall issue a preliminary report stating the
7-10 facts on which the department concludes that a violation of this
7-11 chapter or a rule, standard, or order adopted under this chapter or
7-12 a term of a license issued under this chapter has occurred if the
7-13 department has:
7-14 (1) examined the possible violation and facts
7-15 surrounding the possible violation; and
7-16 (2) concluded that a violation has occurred.
7-17 (b) The report may recommend a penalty under Section
7-18 247.0451 and the amount of the penalty.
7-19 (c) The department shall give written notice of the report
7-20 to the person charged with the violation not later than the 10th
7-21 day after the date on which the report is issued. The notice must
7-22 include:
7-23 (1) a brief summary of the charges;
7-24 (2) a statement of the amount of penalty recommended;
7-25 (3) a statement of whether the violation is subject to
7-26 correction under Section 247.0452 and, if the violation is subject
8-1 to correction under that section, a statement of:
8-2 (A) the date on which the assisted living
8-3 facility must file with the department a plan of correction to be
8-4 approved by the department; and
8-5 (B) the date on which the plan of correction
8-6 must be completed to avoid assessment of the penalty; and
8-7 (4) a statement that the person charged has a right to
8-8 a hearing on the occurrence of the violation, the amount of the
8-9 penalty, or both.
8-10 (d) Not later than the 20th day after the date on which the
8-11 notice under Subsection (c) is received, the person charged may:
8-12 (1) give to the department written consent to the
8-13 department's report, including the recommended penalty; or
8-14 (2) make a written request for a hearing.
8-15 (e) If the violation is subject to correction under Section
8-16 247.0452, the assisted living facility shall submit a plan of
8-17 correction to the department for approval not later than the 10th
8-18 day after the date on which the notice under Subsection (c) is
8-19 received.
8-20 (f) If the violation is subject to correction under Section
8-21 247.0452, and the person reports to the department that the
8-22 violation has been corrected, the department shall inspect the
8-23 correction or take any other step necessary to confirm the
8-24 correction and shall notify the person that:
8-25 (1) the correction is satisfactory and a penalty will
8-26 not be assessed; or
9-1 (2) the correction is not satisfactory and a penalty
9-2 is recommended.
9-3 (g) Not later than the 20th day after the date on which a
9-4 notice under Subsection (f)(2) is received, the person charged may:
9-5 (1) give to the department written consent to the
9-6 department's report, including the recommended penalty; or
9-7 (2) make a written request for a hearing.
9-8 (h) If the person charged with the violation consents to the
9-9 penalty recommended by the department or does not timely respond to
9-10 a notice sent under Subsection (c) or (f)(2), the commissioner or
9-11 the commissioner's designee shall assess the penalty recommended by
9-12 the department.
9-13 (i) If the commissioner or the commissioner's designee
9-14 assesses the recommended penalty, the department shall give written
9-15 notice to the person charged of the decision and the person shall
9-16 pay the penalty.
9-17 Sec. 247.0454. HEARING ON ADMINISTRATIVE PENALTY. (a) An
9-18 administrative law judge shall order a hearing and give notice of
9-19 the hearing if a person charged with a violation under Section
9-20 247.0451 timely requests a hearing.
9-21 (b) The hearing shall be held before an administrative law
9-22 judge.
9-23 (c) The administrative law judge shall make findings of fact
9-24 and conclusions of law and promptly issue to the commissioner or
9-25 the commissioner's designee a written decision regarding the
9-26 occurrence of a violation of this chapter or a rule, standard, or
10-1 order adopted under this chapter or a term of a license issued
10-2 under this chapter and a recommendation regarding the amount of the
10-3 proposed penalty if a penalty is warranted.
10-4 (d) Based on the findings of fact and conclusions of law and
10-5 the recommendation of the administrative law judge, the
10-6 commissioner or the commissioner's designee by order may:
10-7 (1) find that a violation has occurred and assess an
10-8 administrative penalty; or
10-9 (2) find that a violation has not occurred.
10-10 (e) If the commissioner or the commissioner's designee finds
10-11 that a violation has not occurred, the commissioner or the
10-12 commissioner's designee shall order that all records reflecting
10-13 that the department found a violation had occurred and attempted to
10-14 impose an administrative penalty shall be expunged except:
10-15 (1) records obtained by the department during its
10-16 investigation; and
10-17 (2) the administrative law judge's findings of fact.
10-18 (f) Proceedings under this section are subject to Chapter
10-19 2001, Government Code.
10-20 Sec. 247.0455. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;
10-21 INTEREST; REFUND. (a) The commissioner or the commissioner's
10-22 designee shall give notice of the findings made under Section
10-23 247.0454(d) to the person charged. If the commissioner or the
10-24 commissioner's designee finds that a violation has occurred, the
10-25 commissioner or the commissioner's designee shall give to the
10-26 person charged written notice of:
11-1 (1) the findings;
11-2 (2) the amount of the administrative penalty;
11-3 (3) the rate of interest payable with respect to the
11-4 penalty and the date on which interest begins to accrue;
11-5 (4) whether action under Section 247.0457 is required
11-6 in lieu of payment of all or part of the penalty; and
11-7 (5) the person's right to judicial review of the order
11-8 of the commissioner or the commissioner's designee.
11-9 (b) Not later than the 30th day after the date on which the
11-10 order of the commissioner or the commissioner's designee is final,
11-11 the person charged with the penalty shall:
11-12 (1) pay the full amount of the penalty; or
11-13 (2) file a petition for judicial review contesting the
11-14 occurrence of the violation, the amount of the penalty, the
11-15 department's dissatisfaction with efforts to correct the violation,
11-16 or any combination of these issues.
11-17 (c) Notwithstanding Subsection (b), the department may
11-18 permit the person to pay a penalty in installments or may require
11-19 the person to use all or part of the amount of the penalty in
11-20 accordance with Section 247.0457.
11-21 (d) If the person does not pay the penalty within the period
11-22 provided by Subsection (b) or in accordance with Subsection (c), if
11-23 applicable:
11-24 (1) the penalty is subject to interest; and
11-25 (2) the department may refer the matter to the
11-26 attorney general for collection of the penalty and interest.
12-1 (e) Interest under Subsection (d)(1) accrues:
12-2 (1) at a rate equal to the rate charged on loans to
12-3 depository institutions by the New York Federal Reserve Bank; and
12-4 (2) for the period beginning on the day after the date
12-5 on which the penalty becomes due and ending on the date the penalty
12-6 is paid.
12-7 (f) If the amount of the penalty is reduced or the
12-8 assessment of a penalty is not upheld on judicial review, the
12-9 commissioner shall:
12-10 (1) remit to the person charged the appropriate amount
12-11 of any penalty payment plus accrued interest; or
12-12 (2) execute a release of the supersedeas bond if one
12-13 has been posted.
12-14 (g) Accrued interest on amounts remitted by the commissioner
12-15 under Subsection (f)(1) shall be paid:
12-16 (1) at a rate equal to the rate charged on loans to
12-17 depository institutions by the New York Federal Reserve Bank; and
12-18 (2) for the period beginning on the date the penalty
12-19 is paid and ending on the date the penalty is remitted to the
12-20 person charged.
12-21 Sec. 247.0456. APPLICATION OF OTHER LAW. The department may
12-22 not assess a monetary penalty under this chapter and a monetary
12-23 penalty under Chapter 32, Human Resources Code, for the same act or
12-24 failure to act.
12-25 Sec. 247.0457. AMELIORATION OF VIOLATION. (a) In lieu of
12-26 demanding payment of an administrative penalty assessed under
13-1 Section 247.0451, the commissioner in accordance with this section
13-2 may allow the person to use, under the supervision of the
13-3 department, any portion of the penalty to ameliorate the violation
13-4 or to improve services, other than administrative services, in the
13-5 assisted living facility affected by the violation.
13-6 (b) The department shall offer amelioration to a person for
13-7 a charged violation if the department determines that the violation
13-8 does not constitute immediate jeopardy to the health and safety of
13-9 a resident of the assisted living facility.
13-10 (c) The department shall offer amelioration to a person
13-11 under this section not later than the 10th day after the date the
13-12 person receives from the department a final notification of the
13-13 recommended assessment of an administrative penalty that is sent to
13-14 the person after an informal dispute resolution process but before
13-15 an administrative hearing under Section 247.0454.
13-16 (d) A person to whom amelioration has been offered must file
13-17 a plan for amelioration not later than the 45th day after the date
13-18 the person receives the offer of amelioration from the department.
13-19 In submitting the plan, the person must agree to waive the person's
13-20 right to an administrative hearing under Section 247.0454 if the
13-21 department approves the plan.
13-22 (e) At a minimum, a plan for amelioration must:
13-23 (1) propose changes to the management or operation of
13-24 the assisted living facility that will improve services to or
13-25 quality of care of residents of the assisted living facility;
13-26 (2) identify, through measurable outcomes, the ways in
14-1 which and the extent to which the proposed changes will improve
14-2 services to or quality of care of residents of the assisted living
14-3 facility;
14-4 (3) establish clear goals to be achieved through the
14-5 proposed changes;
14-6 (4) establish a time line for implementing the
14-7 proposed changes; and
14-8 (5) identify specific actions necessary to implement
14-9 the proposed changes.
14-10 (f) A plan for amelioration may include proposed changes to:
14-11 (1) improve staff recruitment and retention;
14-12 (2) offer or improve dental services for residents;
14-13 and
14-14 (3) improve the overall quality of life for residents.
14-15 (g) The department may require that an amelioration plan
14-16 propose changes that would result in conditions that exceed the
14-17 requirements of this chapter or the rules adopted under this
14-18 chapter.
14-19 (h) The department shall approve or deny an amelioration
14-20 plan not later than the 45th day after the date the department
14-21 receives the plan. On approval of a person's plan, the department
14-22 shall deny a pending request for a hearing submitted by the person
14-23 under Section 247.0453.
14-24 (i) The department may not offer amelioration to a person:
14-25 (1) more than three times in a two-year period; or
14-26 (2) more than one time in a two-year period for the
15-1 same or similar violation.
15-2 SECTION 9. Subsection (b), Section 247.049, Health and
15-3 Safety Code, is amended to read as follows:
15-4 (b) Subsection (a) does not:
15-5 (1) bar the admission into evidence of department
15-6 reports or other documents in an enforcement action in which the
15-7 state or an agency or political subdivision of the state is a
15-8 party, including:
15-9 (A) an action seeking injunctive relief under
15-10 Section 247.044;
15-11 (B) an action seeking imposition of a civil
15-12 penalty under Section 247.045; [and]
15-13 (C) a contested case hearing involving denial,
15-14 suspension, or revocation of a license issued under this chapter;
15-15 and
15-16 (D) an action seeking imposition of an
15-17 administrative penalty under this subchapter;
15-18 (2) bar the admission into evidence of department
15-19 reports or other documents that are offered:
15-20 (A) to establish warning or notice to an
15-21 assisted living facility of a relevant department determination; or
15-22 (B) under any rule or evidentiary predicate of
15-23 the Texas Rules of Evidence;
15-24 (3) prohibit or limit the testimony of a department
15-25 employee, in accordance with the Texas Rules of Evidence, as to
15-26 observations, factual findings, conclusions, or determinations that
16-1 an assisted living facility violated a standard prescribed under
16-2 this chapter if the observations, factual findings, conclusions, or
16-3 determinations were made in the discharge of the employee's
16-4 official duties for the department; or
16-5 (4) prohibit or limit the use of department reports or
16-6 other documents in depositions or other forms of discovery
16-7 conducted in connection with a civil action if use of the reports
16-8 or other documents appears reasonably calculated to lead to the
16-9 discovery of admissible evidence.
16-10 SECTION 10. Section 247.051, Health and Safety Code, is
16-11 transferred to Subchapter A, Chapter 247, Health and Safety Code,
16-12 renumbered as Section 247.006, Health and Safety Code, and amended
16-13 to read as follows:
16-14 Sec. 247.006 [247.051]. ADVISORY COMMITTEE. (a) The
16-15 Advisory Committee on Assisted Living Facilities consists of nine
16-16 members appointed by the board. The commissioner of human services
16-17 shall appoint two staff members from the department to serve as
16-18 nonvoting advisory members. In appointing staff members under this
16-19 subsection, the commissioner shall appoint one member as a
16-20 representative of long-term care policy and one member as a
16-21 representative of long-term care regulation.
16-22 (b) The board shall appoint the advisory committee to
16-23 provide for a balanced representation of assisted living [personal
16-24 care] providers and consumers and shall appoint one member who has
16-25 expertise in life safety code regulations. At least one of the
16-26 provider members must be representative of a nonprofit facility,
17-1 and at least one member must be a family member of a resident of a
17-2 facility.
17-3 (c) The committee shall elect the presiding officer from
17-4 among its members.
17-5 (d) The committee shall advise the department on standards
17-6 for licensing assisted living facilities and on the implementation
17-7 of this chapter.
17-8 SECTION 11. The subchapter heading to Subchapter D, Chapter
17-9 247, Health and Safety Code, is repealed.
17-10 SECTION 12. Subchapter E, Chapter 247, Health and Safety
17-11 Code, is redesignated as Subchapter D, Chapter 247, Health and
17-12 Safety Code, and the subchapter heading is amended to read as
17-13 follows:
17-14 SUBCHAPTER D [E]. MISCELLANEOUS PROVISIONS
17-15 SECTION 13. Subchapter C, Chapter 247, Health and Safety
17-16 Code, is amended by adding Section 247.051 to read as follows:
17-17 Sec. 247.051. INFORMAL DISPUTE RESOLUTION. (a) The Health
17-18 and Human Services Commission by rule shall establish an informal
17-19 dispute resolution process in accordance with this section. The
17-20 process must provide for adjudication by an appropriate
17-21 disinterested person of disputes relating to a proposed enforcement
17-22 action or related proceeding under this chapter. The informal
17-23 dispute resolution process must require:
17-24 (1) the assisted living facility to request informal
17-25 dispute resolution not later than the 10th day after the date of
17-26 notification by the department of the violation of a standard or
18-1 standards;
18-2 (2) the Health and Human Services Commission to
18-3 complete the process not later than the 30th day after the date of
18-4 receipt of a request from the assisted living facility for informal
18-5 dispute resolution; and
18-6 (3) any individual representing an assisted living
18-7 facility in an informal dispute resolution process to register with
18-8 the Health and Human Services Commission and disclose the
18-9 following:
18-10 (A) the individual's employment history during
18-11 the preceding five years, including employment in regulatory
18-12 agencies of this state and other states;
18-13 (B) ownership, including the identity of the
18-14 controlling person or persons, of the assisted living facility the
18-15 individual is representing before the Health and Human Services
18-16 Commission; and
18-17 (C) the identity of other entities the
18-18 individual represents or has represented before the Health and
18-19 Human Services Commission during the preceding 24 months.
18-20 (b) The Health and Human Services Commission shall adopt
18-21 rules to adjudicate claims in contested cases.
18-22 (c) The Health and Human Services Commission may not
18-23 delegate its responsibility to administer the informal dispute
18-24 resolution process established by this section to another state
18-25 agency.
18-26 SECTION 14. Section 247.066, Health and Safety Code, is
19-1 amended by adding Subsections (c) and (d) to read as follows:
19-2 (c) If a department inspector determines that a resident is
19-3 inappropriately placed at a facility, the facility is not required
19-4 to move the resident if, not later than the 10th business day after
19-5 the date that the facility is informed of the specific basis of the
19-6 inspector's determination, the facility:
19-7 (1) obtains a written assessment from a physician that
19-8 the resident is appropriately placed;
19-9 (2) obtains a written statement:
19-10 (A) from the resident that the resident wishes
19-11 to remain in the facility; or
19-12 (B) from a family member of the resident that
19-13 the family member wishes for the resident to remain in the
19-14 facility, if the resident lacks capacity to give a statement under
19-15 this subsection; and
19-16 (3) states in writing that the facility wishes for the
19-17 resident to remain in the facility.
19-18 (d) If a department inspector determines that a resident is
19-19 inappropriately placed at a facility and the facility either agrees
19-20 with the determination or does not obtain the written statements
19-21 prescribed by Subsection (c) that would allow the resident to
19-22 remain in the facility notwithstanding the determination of the
19-23 inspector, the department may not assess an administrative penalty
19-24 against the facility because of the inappropriate placement.
19-25 However, the facility shall discharge the resident. The resident
19-26 is allowed 30 days after the date of discharge to move from the
20-1 facility. A discharge required under this subsection must be made
20-2 notwithstanding:
20-3 (1) any other law, including any law relating to the
20-4 rights of residents and any obligations imposed under the Property
20-5 Code; and
20-6 (2) the terms of any contract.
20-7 SECTION 15. Subchapter (d), Section 247.0271, Health and
20-8 Safety Code, is repealed.
20-9 SECTION 16. The Texas Department of Human Services shall
20-10 adopt rules to implement Section 247.0452, Health and Safety Code,
20-11 as added by this Act, and Section 247.066, Health and Safety Code,
20-12 as amended by this Act, not later than January 1, 2002.
20-13 SECTION 17. This Act takes effect September 1, 2001.