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A BILL TO BE ENTITLED
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AN ACT
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relating to penalties for violating certain county and municipal |
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regulations regarding the operation of a boarding home facility; |
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imposing a civil penalty; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 260.005, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 260.005. PERMIT PROCEDURES; FEES[; FINES]. |
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SECTION 2. Sections 260.005(b) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(b) A county or municipality that requires a person to |
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obtain a boarding home facility permit as authorized under Section |
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260.004 may set reasonable fees for issuance of the permit, renewal |
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of the permit, and inspections [and may impose fines for |
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noncompliance with the county or municipal boarding home facility |
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regulations]. The fees collected [and fines imposed] by the county |
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or municipality must be used to administer the county or municipal |
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permitting program or for other purposes directly related to |
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providing boarding home facility or other assisted living services |
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to elderly persons and persons with disabilities. |
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(c) A person required to obtain a boarding home facility |
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permit from a county or municipality as authorized under Section |
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260.004 shall pay all [any] fees required [or fines imposed] by the |
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county or municipality. |
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SECTION 3. Chapter 260, Health and Safety Code, is amended |
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by adding Sections 260.0051 and 260.0052 to read as follows: |
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Sec. 260.0051. CIVIL PENALTIES. (a) This section applies |
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only to a county or municipality that requires a person to obtain a |
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permit to operate a boarding home facility as authorized by Section |
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260.004. |
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(b) A person who violates a county or municipal boarding |
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home facility regulation is liable for a civil penalty of not more |
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than $1,000 for each violation. Each day a violation continues is |
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considered a separate violation for purposes of assessing the civil |
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penalty. |
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(c) A municipality or county may bring suit in a district |
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court to recover a civil penalty authorized by Subsection (b). |
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(d) The appropriate attorney representing the county or |
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municipality in the district court may seek injunctive relief to |
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prevent the violation or threatened violation of a county or |
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municipal boarding home facility regulation. |
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Sec. 260.0052. CRIMINAL OFFENSE. (a) This section applies |
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only to a county or municipality that requires a person to obtain a |
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permit to operate a boarding home facility as authorized by Section |
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260.004. |
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(b) A person commits an offense if the person owns or |
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operates a boarding home and intentionally or knowingly violates a |
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county or municipal boarding home facility regulation. |
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(c) An offense under this section is: |
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(1) a misdemeanor punishable by: |
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(A) a fine not to exceed $500; or |
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(B) confinement in jail for a term not to exceed |
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one day; or |
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(C) both the fine and confinement; |
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(2) a Class B misdemeanor if it is shown on the trial |
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of the offense that the defendant has been previously convicted |
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under this section two times; or |
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(3) a Class A misdemeanor if it is shown on the trial |
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of the offense that the defendant has been previously convicted |
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under this section three or more times. |
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SECTION 4. The change in law made by this Act applies to a |
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violation of a county or municipal boarding home facility |
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regulation that occurs on or after the effective date of this Act. |
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A violation that occurs before the effective date of this Act is |
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governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |