80R1754 ABC-D
 
  By: Pickett, Quintanilla H.B. No. 288
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to enforcement of licensing requirements of certain
assisted living facilities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 247.031, Health and Safety Code, is
amended to read as follows:
       Sec. 247.031.  COUNTY OR MUNICIPAL ENFORCEMENT.  The
governing body of a county by resolution or a municipality by
ordinance may:
             (1)  prohibit a person who does not hold a license
issued under this chapter from establishing or operating an
assisted living facility within the county or municipality; and
             (2)  establish a procedure for emergency closure of a
facility in circumstances in which:
                   (A)  the facility is established or operating in
violation of Section 247.021; and
                   (B)  the continued operation of the facility
creates an immediate threat to the health and safety of a resident
of the facility.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.