Bill Text: TX HB4137 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the availability of parking spaces at certain facilities for persons with a disability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to Public Health [HB4137 Detail]
Download: Texas-2017-HB4137-Introduced.html
| 85R14600 JG-D | ||
| By: Bohac | H.B. No. 4137 | |
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| relating to the availability of parking spaces at certain | ||
| facilities for persons with a disability. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subtitle A, Title 4, Health and | ||
| Safety Code, is amended to read as follows: | ||
| SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING | ||
| HEALTH FACILITIES AND PREMISES | ||
| SECTION 2. Subtitle A, Title 4, Health and Safety Code, is | ||
| amended by adding Chapter 226 to read as follows: | ||
| CHAPTER 226. PARKING AT CERTAIN HEALTH FACILITIES SERVING PERSONS | ||
| WITH A DISABILITY | ||
| Sec. 226.001. DEFINITIONS. In this chapter: | ||
| (1) "Commission" means the Health and Human Services | ||
| Commission. | ||
| (2) "Department" means the Department of State Health | ||
| Services. | ||
| (3) "Executive commissioner" means the executive | ||
| commissioner of the commission. | ||
| Sec. 226.002. AVAILABILITY OF PARKING. The executive | ||
| commission by rule shall require each facility that provides | ||
| rehabilitation or physical therapy services or a division of a | ||
| hospital that provides outpatient services to have a sufficient | ||
| number of van-accessible parking spaces. A facility or division of | ||
| a hospital may provide van-accessible parking spaces that are | ||
| angled or that share access aisles with other parking spaces. | ||
| Sec. 226.003. ADMINISTRATIVE PENALTY. (a) The commission | ||
| or department, as applicable, may impose an administrative penalty | ||
| against a facility that provides rehabilitation or physical therapy | ||
| services or a hospital that violates this chapter or a rule adopted | ||
| under this chapter. | ||
| (b) The penalty imposed under this section must be in an | ||
| amount not to exceed $1,000. Each day of a continuing violation is | ||
| a separate violation. | ||
| (c) In determining the amount of the penalty imposed under | ||
| this section, the commission or department, as applicable, shall | ||
| consider: | ||
| (1) any previous violations by the facility or | ||
| hospital; | ||
| (2) the seriousness of the violation; | ||
| (3) any hazard to the health and safety of patients of | ||
| the facility or hospital; | ||
| (4) the demonstrated good faith of a facility or | ||
| hospital in complying with this chapter or a rule adopted under this | ||
| chapter; and | ||
| (5) any other matter as justice may require. | ||
| (d) The enforcement of the penalty may be stayed during the | ||
| time the order is under judicial review if the person pays the | ||
| penalty to the clerk of the court or files a supersedeas bond with | ||
| the court in the amount of the penalty. A person who cannot afford | ||
| to pay the penalty or file the bond may stay the enforcement by | ||
| filing an affidavit in the manner required by the Texas Rules of | ||
| Civil Procedure for a party who cannot afford to file security for | ||
| costs, subject to the right of the board to contest the affidavit as | ||
| provided by those rules. | ||
| (e) The attorney general may sue to collect the penalty and | ||
| recover the reasonable expenses and costs incurred in collection of | ||
| the penalty. | ||
| SECTION 3. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission shall adopt rules necessary to implement the | ||
| changes in law made by this Act. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
