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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and administrative penalties assessed for |
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violations of statutes or rules governing chemical dependency |
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treatment facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 464.017(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person or facility is subject to a civil penalty of not |
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more than $25,000 for each day of violation and for each act of |
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violation of this subchapter or a rule adopted under this |
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subchapter. In determining the amount of the civil penalty, the |
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court shall consider: |
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(1) the person's or facility's previous violations; |
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(2) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(3) whether the health and safety of the public was |
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threatened by the violation; |
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(4) the demonstrated good faith of the person or |
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facility; [and] |
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(5) the amount necessary to deter future violations; |
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(6) the person's or facility's ability to pay the |
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penalty; and |
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(7) if the person's or facility's license is not |
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revoked under Section 464.014 because of the violation, the ability |
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of the person or facility to continue providing services under this |
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chapter after paying the penalty. |
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SECTION 2. Sections 464.019(c) and (s), Health and Safety |
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Code, are amended to read as follows: |
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(c) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of any prohibited acts, |
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and the hazard or potential hazard created to the health, safety, or |
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economic welfare of the public; |
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(2) enforcement costs relating to the violation; |
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(3) the history of previous violations; |
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(4) the amount necessary to deter future violations; |
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(5) efforts to correct the violation; [and] |
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(6) the person's ability to pay the penalty; |
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(7) if the person's license is not revoked under |
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Section 464.014 because of the violation, the person's ability to |
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continue providing services under this chapter after paying the |
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penalty; |
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(8) the degree of the person's culpability in causing |
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the violation; and |
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(9) any other matter that justice may require. |
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(s) The commission shall post on the commission's Internet |
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website current administrative penalty schedules applicable to a |
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person licensed or regulated under this chapter. The commission |
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shall ensure that the administrative penalties listed in the posted |
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schedules are accurate. The administrative penalty schedules must |
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be based on a consideration of the economic impact of a penalty |
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assessed against a person licensed or regulated under this chapter |
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and the factors described by Subsection (c). |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation that occurs on or after the effective date of this Act. |
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A violation that occurred before the effective date of this Act is |
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governed by the law in effect when the violation occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |