Texas HB 4057: Relating to the amount of an administrative penalty that may be assessed against an assisted living facility.

Bill Text

By:AADavis of Dallas                                H.B.ANo.A4057
A BILL TO BE ENTITLED
AN ACT
relating to the amount of an administrative penalty that may be
assessed against an assisted living facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION
A1.AASection247.0451(b), Health and Safety Code, is
amended to read as follows:
(b)
AAExcept as provided by Section247.0452(c), the penalty
may not exceed:
(1)
AA$5,000  for  each  violationcommitted  by  or  in
relation to an assisted living facility with at least 17 beds that:
(A)
AArepresents  a  pattern  of  violation  that
results in actual harm or is widespread in scope and results in
actual harm; or
(B)
AAconstitutes an immediate threat to the health
or safety of a resident;
(2)AA$1,000  for  each  violation  committed  by  or  in
relation to an assisted living facility with fewer than 17 beds
that:
(A)AArepresents  a  pattern  of  violation  that
results in actual harm or is widespread in scope and results in
actual harm; or
(B)AAconstitutes an immediate threat to the health
or safety of a resident; or
(3)A[(2)]AA$1,000 for each other violation.
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86R13945 SRA-F1

SECTIONA2.AAThe change in law made by this Act applies only
to an administrative penalty for which notice of violation under
Section247.0453(c), Health and Safety Code, is given on or after
the effective date of this Act. An administrative penalty for which
notice of violation under Section247.0453(c), Health and Safety
Code, is given before the effective date of this Act is governed by
the law as it existed immediately before that date, and that law is
continued in effect for this purpose.
SECTION
A3.AAThis Act takes effect September 1, 2019.
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H.B.
ANo.A4057
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