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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of parking spaces at certain health |
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facilities for persons with a disability; providing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle A, Title 4, Health and |
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Safety Code, is amended to read as follows: |
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SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING |
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HEALTH FACILITIES AND PREMISES |
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SECTION 2. Subtitle A, Title 4, Health and Safety Code, is |
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amended by adding Chapter 226 to read as follows: |
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CHAPTER 226. PARKING AT CERTAIN HEALTH FACILITIES SERVING PERSONS |
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WITH DISABILITY |
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Sec. 226.0001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Executive commissioner" means the executive |
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commissioner of the commission. |
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(3) "Health facility" means a facility licensed by the |
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commission under this title. |
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Sec. 226.0002. AVAILABILITY OF PARKING. The executive |
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commissioner by rule shall require each health facility that |
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provides rehabilitation or physical therapy services, including a |
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hospital that provides outpatient services, to have a sufficient |
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number of van-accessible parking spaces. A health facility may |
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provide van-accessible parking spaces that are angled or that share |
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access aisles with other parking spaces. |
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Sec. 226.0003. ADMINISTRATIVE PENALTY. (a) The commission |
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may impose an administrative penalty against a health facility that |
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violates this chapter or a rule adopted under this chapter in the |
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same manner the commission imposes an administrative penalty |
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against the facility for a violation of this title or rules adopted |
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under this title. |
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(b) The penalty imposed under this section may not exceed |
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$1,000. Each day of a continuing violation is a separate violation. |
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(c) In determining the amount of the penalty imposed under |
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this section, the commission shall consider: |
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(1) any previous violations by the health facility; |
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(2) the seriousness of the violation; |
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(3) any hazard to the health and safety of patients of |
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the facility; |
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(4) the demonstrated good faith of the facility in |
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complying with this chapter or a rule adopted under this chapter; |
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and |
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(5) any other matter as justice may require. |
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(d) The enforcement of the penalty may be stayed during the |
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time the order is under judicial review if the health facility pays |
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the penalty to the clerk of the court or files a supersedeas bond |
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with the court in the amount of the penalty. A person who cannot |
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afford to pay the penalty or file the bond may stay the enforcement |
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by filing an affidavit in the manner required by the Texas Rules of |
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Civil Procedure for a party who cannot afford to file security for |
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costs, subject to the right of the commission to contest the |
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affidavit as provided by those rules. |
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(e) The attorney general may sue to collect the penalty and |
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recover the reasonable expenses and costs incurred in collecting |
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the penalty. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement the |
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changes in law made by this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |