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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the attorney general to recover a civil |
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penalty from certain nonprofit hospitals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 311.048, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 311.048. RIGHTS AND REMEDIES. (a) The rights and |
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remedies provided for in this subchapter are cumulative of other |
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rights and remedies provided by law, and shall not limit, affect, |
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change, or repeal any other statutory or common-law rights or |
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remedies available to the state or a nonprofit hospital. |
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(b) The attorney general may bring suit against a nonprofit |
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hospital or a member of the governing board of a nonprofit hospital |
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to restrain or prevent the member from violating or continuing to |
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violate this subchapter. The attorney general may bring suit under |
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this subsection for: |
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(1) damages; |
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(2) injunctive relief; or |
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(3) any other equitable remedy determined to be |
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appropriate by the court. |
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(c) In addition to the request for injunctive relief under |
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this section, the attorney general may request, and the trier of |
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fact may award, a civil penalty to be paid to the state in an amount |
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not to exceed four percent of the hospital's net patient revenue. |
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(d) Venue for a suit under this section is in the district |
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court in the county in which the hospital is located or in Travis |
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County. |
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(e) In a proceeding brought by the attorney general under |
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this section, the attorney general is entitled to recovery of |
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reasonable attorney's fees, investigative costs, and court costs. |
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(f) Section 311.045(e) does not prevent the attorney |
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general from bringing an action under this section. |
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SECTION 2. This Act takes effect September 1, 2011. |