78R11836 MCK-D


By:  Uresti                                                       H.B. No. 3189

Substitute the following for H.B. No. 3189:                                   

By:  Olivo                                                    C.S.H.B. No. 3189



A BILL TO BE ENTITLED

AN ACT

relating to the inspection of, and enforcement of laws relating to, 
nursing homes and intermediate care facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 242.016, Health and Safety Code, is 
amended to read as follows:
	Sec. 242.016.  FEES AND PENALTIES.  (a)  In this section, 
"reasonable expenses and costs" include expenses incurred by the 
department or attorney general to investigate, initiate, and 
prosecute an action, including reasonable investigative costs, 
witness fees, deposition expenses, and court costs.
	(b)  Except as expressly provided by this chapter, a fee or 
penalty collected by or on behalf of the department under this 
chapter must be deposited to the credit of the general revenue fund 
and may be appropriated only to the department to administer and 
enforce this chapter.
	(c)  Investigation and attorney's fees may not be assessed or 
collected by or on behalf of the department or other state agency 
unless the department or other state agency assesses and collects a 
penalty described under this chapter.
	(d)  If the attorney general brings an action to enforce this 
chapter under Section 242.063 or 242.094, and the court grants an 
injunction or temporary restraining order or appoints a trustee to 
operate the home, the attorney general may recover attorney's fees 
and reasonable expenses and costs.
	SECTION 2.  Sections 242.063(a) and (b), Health and Safety 
Code, are amended to read as follows:
	(a)  The department may petition a district court for:                         
		(1)  a temporary restraining order to restrain a person 
from a violation or threatened violation of the standards imposed 
under this chapter or any other law affecting residents if the 
department reasonably believes that the violation or threatened 
violation creates an immediate threat to the health and safety of a 
resident; [and]
		(2)  an injunction to restrain a person from a 
violation or threatened violation of the standards imposed under 
this chapter or by any other law affecting residents if the 
department reasonably believes that the violation or threatened 
violation creates a threat to the health and safety of a resident; 
and
		(3)  a temporary restraining order to restrain a person 
from denying the department access to the institution for 
inspection purposes if the department reasonably believes that the 
institution is required to be licensed and that it is operating 
without a license.
	(b)  A district court, on petition of the department, may by 
injunction or temporary restraining order:
		(1)  prohibit a person from violating the standards or 
licensing requirements prescribed by this chapter;
		(2)  restrain or prevent the establishment, conduct, 
management, or operation of an institution without a license issued 
under this chapter; [or]
		(3)  grant the injunctive relief warranted by the facts 
on a finding by the court that a person is violating or threatening 
to violate the standards or licensing requirements prescribed by 
this chapter; or
		(4)  restrain a person from denying the department 
access to the institution if the department reasonably believes 
that the institution is required to be licensed and that it is 
operating without a license.
	SECTION 3.  Sections 252.062(a) and (b), Health and Safety 
Code, are amended to read as follows:
	(a)  The department may petition a district court for a 
temporary restraining order to:
		(1)  restrain a person from continuing a violation of 
the standards prescribed by this chapter if the department finds 
that the violation creates an immediate threat to the health and 
safety of the facility's residents; or
		(2)  restrain a person from denying the department 
access to the facility for inspection purposes if the department 
reasonably believes that the facility is required to be licensed 
and that it is operating without a license.
	(b)  A district court, on petition of the department, may by 
injunction or temporary restraining order:
		(1)  prohibit a person from continuing a violation of 
the standards or licensing requirements prescribed by this chapter;
		(2)  restrain or prevent the establishment, conduct, 
management, or operation of a facility without a license issued 
under this chapter; [or]
		(3)  grant the injunctive relief warranted by the facts 
on a finding by the court that a person is violating the standards 
or licensing requirements prescribed by this chapter; or
		(4)  restrain a person from denying the department 
access to the facility if the department reasonably believes that 
the facility is required to be licensed and that it is operating 
without a license.
	SECTION 4.  This Act takes effect September 1, 2003.