S.B. No. 2474
 
 
 
 
AN ACT
  relating to civil and administrative penalties assessed for
  violations of statutes or rules governing chemical dependency
  treatment facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 464.017(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A person or facility is subject to a civil penalty of not
  more than $25,000 for each day of violation and for each act of
  violation of this subchapter or a rule adopted under this
  subchapter.  In determining the amount of the civil penalty, the
  court shall consider:
               (1)  the person's or facility's previous violations;
               (2)  the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of the violation;
               (3)  whether the health and safety of the public was
  threatened by the violation;
               (4)  the demonstrated good faith of the person or
  facility; [and]
               (5)  the amount necessary to deter future violations;
               (6)  the person's or facility's ability to pay the
  penalty; and
               (7)  if the person's or facility's license is not
  revoked under Section 464.014 because of the violation, the ability
  of the person or facility to continue providing services under this
  chapter after paying the penalty.
         SECTION 2.  Sections 464.019(c) and (s), Health and Safety
  Code, are amended to read as follows:
         (c)  The amount of the penalty shall be based on:
               (1)  the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of any prohibited acts,
  and the hazard or potential hazard created to the health, safety, or
  economic welfare of the public;
               (2)  enforcement costs relating to the violation;
               (3)  the history of previous violations;
               (4)  the amount necessary to deter future violations;
               (5)  efforts to correct the violation; [and]
               (6)  the person's ability to pay the penalty; 
               (7)  if the person's license is not revoked under
  Section 464.014 because of the violation, the person's ability to
  continue providing services under this chapter after paying the
  penalty; 
               (8)  the degree of the person's culpability in causing
  the violation; and
               (9)  any other matter that justice may require.
         (s)  The commission shall post on the commission's Internet
  website current administrative penalty schedules applicable to a
  person licensed or regulated under this chapter.  The commission
  shall ensure that the administrative penalties listed in the posted
  schedules are accurate.  The administrative penalty schedules must
  be based on a consideration of the economic impact of a penalty
  assessed against a person licensed or regulated under this chapter
  and the factors described by Subsection (c). 
         SECTION 3.  The changes in law made by this Act apply only to
  a violation that occurs on or after the effective date of this Act.  
  A violation that occurred before the effective date of this Act is
  governed by the law in effect when the violation occurred, and the
  former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2474 passed the Senate on
  April 27, 2023, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2474 passed the House on
  May 23, 2023, by the following vote:  Yeas 140, Nays 0,
  one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor