HBA-NLM H.B. 841 76(R)    HBA-NLM H.B. 841 76(R)    

BILL ANALYSIS


Office of House Bill AnalysisH.B. 841
By: Garcia
Human Services
3/1/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the minimum civil penalty for a violation of Subchapter G,
Health and Safety Code, is $1,000 a day for each violation.  H.B. 841
increases the penalties that may be imposed on convalescent homes under
that subchapter.  The bill increases the minimum amount of such a civil or
administrative penalty to $5,000 a day for each violation if another
violation is found to have occurred within a year before the date of the
violation for which the penalty is to be assessed.  Each day of continuing
violation will constitute a separate violation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 242, Health and Safety Code, by
adding Section 242.0661, as follows: 

Sec. 242.0661.  MINIMUM AMOUNT OF CIVIL OR ADMINISTRATIVE PENALTY. (a)
Provides that the minimum amount of a civil or administrative penalty
assessed under this subchapter is $5,000 a day for each violation if the
Texas Department of Health (department) or a court finds that, within one
year before the date of the violation for which the penalty is to be
assessed, the institution had committed a separate violation with respect
to which: 

(1) the institution's license was denied, suspended, or revoked under
Section 242.061(Denial, Suspension, or Revocation of License); 

(2) an injunction was issued under Section 242.063 (Injunction);

(3) an administrative or civil penalty was assessed under Section 242.065
(Civil Penalty) or 242.066 (Administrative Penalty); 

(4) the institution exercised a right to correct under Section 242.0665
(Right to Correct); or 

(5) another remedy was imposed against the institution under Section
242.071 (Amelioration of Violation). 

(b)  Provides that each day of a continuing violation constitutes a
separate violation. Provides that a violation is not subject to the
enhancement of the minimum amount of a civil or administrative penalty
under this section solely because the conduct continues for more than a
day. 

(c)  Applies the enhancement of the minimum amount of a penalty under this
section without regard to whether a previous or current violation which is
subject to Section 242.066(f)  would have otherwise been subject to a right
to correct under Section 242.0665. 

SECTION 2. Amends Section 242.065(a),  Health and Safety Code, to provide
that a penalty under this section is subject to enhancement of the minimum
amount of the penalty under Section 242.0661, if applicable. 

SECTION 3. Amends Section 242.066(b), Health and Safety Code, to provide
that a penalty under this section is subject to enhancement of the minimum
amount of the penalty under Section 242.0661, if applicable. 

SECTION 4.  Amends Section 242.0665(b), Health and Safety Code, to include
among the list of violations exempt from the application of Subsection (a),
a violation subject to enhancement of the minimum amount of the penalty
under Section 242.0661. Redesignates existing Subdivisions (3)-(4) to
(4)-(5). 

SECTION 5. (a)  Effective date: September 1, 1999.

                      (b)  Makes application of this Act prospective.

(c)  Provides that a violation described by Sections 242.0661(a)(1)-(5),
Health and Safety Code, as added by this Act, may not be the basis for
enhancing the minimum amount of a civil or administrative penalty under
Section 242.0661, Health and Safety Code, as added by this Act, if the
violation occurred before the effective date of this Act. 

SECTION 6.  Emergency clause.