Bill Text: TX SB44 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to civil and administrative penalties assessed for violations of statutes or rules governing chemical dependency treatment facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-10-09 - Filed [SB44 Detail]
Download: Texas-2023-SB44-Introduced.html
| 88S30030 MPF-F | ||
| By: Hinojosa | S.B. No. 44 | |
|
|
||
|
|
||
| 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; [ |
||
| (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; [ |
||
| (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 on the 91st day after the | ||
| last day of the legislative session. | ||
