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Amend CSHB 1168 (Senate committee version) by striking all
the text below the enacting clause and substituting the following:
SECTION 1. DEFINITIONS. In this Act:
(1) "Department" means the Department of Aging and
Disability Services.
(2) "Disabled person" has the meaning assigned by
Section 48.002, Human Resources Code.
(3) "Elderly person" has the meaning assigned by
Section 48.002, Human Resources Code.
(4) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Boarding house" means an establishment that:
(A) provides services, including community
meals, light housework, meal preparation, transportation, grocery
shopping, money management, or laundry services to three or more
elderly persons or disabled persons residing in the boarding house
who are unrelated to the owner or proprietor of the establishment;
(B) is not:
(i) required to be licensed under Chapter
142, 242, 246, 247, or 252, Health and Safety Code; or
(ii) exempt from licensing under Section
142.003(a)(19) or 247.004(4), Health and Safety Code; and
(C) is not a:
(i) child-care facility as defined by
Section 42.002, Human Resources Code;
(ii) family violence center as defined by
Section 51.002, Human Resources Code;
(iii) hotel as defined by Section 156.001,
Tax Code;
(iv) retirement community;
(v) monastery or convent; or
(vi) sorority or fraternity house or other
dormitory affiliated with an institution of higher education.
SECTION 2. PILOT PROGRAM. (a) Subject to the appropriation
of funds for the express purpose of implementing the pilot program
described by this section, the executive commissioner by rule shall
develop and implement a pilot program in a county or municipality
described by Subsection (c) of this section in which the
department:
(1) requires boarding houses to be licensed;
(2) inspects boarding houses; and
(3) enforces rules and regulations for licensed
boarding houses.
(b) In implementing the pilot program, the executive
commissioner shall adopt rules and regulations for boarding houses
that include:
(1) minimum standards to ensure the health and safety
of residents of boarding houses, including fire safety
requirements;
(2) required disclosures by boarding houses;
(3) reporting requirements regarding resident deaths,
injuries, or accidents; and
(4) administrative penalties for a boarding house of
not less than $100 or more than $1,000 for each violation by a
boarding house of a rule adopted or order issued under the pilot
program.
(c) Subject to the appropriation of funds for the express
purpose of implementing the pilot program described by this
section, not later than August 1, 2008, the executive commissioner
shall implement the pilot program in a county or municipality that
has adopted an order or ordinance regulating the operation of
boarding houses.
SECTION 3. REPORT. Not later than January 1, 2009, the
Health and Human Services Commission shall submit a report to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of each house and senate
standing committee having jurisdiction over adult protective
services. The report must include:
(1) if the pilot program has been developed and
implemented:
(A) the number of:
(i) boarding houses licensed through the
pilot program;
(ii) violations by boarding houses of rules
adopted under the pilot program; and
(iii) investigations of boarding houses
licensed under the pilot program related to alleged abuse, neglect,
or exploitation of a resident;
(B) a description of any penalties against a
boarding house licensed under the pilot program resulting from a
department investigation; and
(C) a recommendation regarding the advisability
of expanding the pilot program statewide; or
(2) if the pilot program has not been developed and
implemented, a study and recommendations regarding the most
effective method for regulating boarding houses, including
recommendations on whether clarifying the authority of and granting
additional authority to counties and municipalities to establish
health and safety standards for boarding houses is recommended.
SECTION 4. EXPIRATION. This Act expires September 1, 2011.
SECTION 5. This Act takes effect September 1, 2007.