Texas 2009 - 81st Regular

Texas House Bill HB4271 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10571 ALB-F
2	2	By: Davis of Dallas H.B. No. 4271
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of facilities providing certain types of
8	8	care.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 123.002, Human Resources Code, is
11	11	amended to read as follows:
12	12	Sec. 123.002. DEFINITIONS [DEFINITION]. In this chapter:
13	13	(1) "Commission" means the Health and Human Services
14	14	Commission.
15	15	(2) "Community home" means a community home described
16	16	by Section 123.004 that provides services to persons with a
17	17	disability.
18	18	(3) "Department" means the Department of Aging and
19	19	Disability Services.
20	20	(4) "Executive commissioner" means the executive
21	21	commissioner of the Health and Human Services Commission.
22	22	(5) "Person with a disability"[, "person with a
23	23	disability"] means a person whose ability to care for himself,
24	24	perform manual tasks, learn, work, walk, see, hear, speak, or
25	25	breathe is substantially limited because the person has:
26	26	(A) [(1)] an orthopedic, visual, speech, or
27	27	hearing impairment;
28	28	(B) [(2)] Alzheimer's disease;
29	29	(C) [(3)] pre-senile dementia;
30	30	(D) [(4)] cerebral palsy;
31	31	(E) [(5)] epilepsy;
32	32	(F) [(6)] muscular dystrophy;
33	33	(G) [(7)] multiple sclerosis;
34	34	(H) [(8)] cancer;
35	35	(I) [(9)] heart disease;
36	36	(J) [(10)] diabetes;
37	37	(K) [(11)] mental retardation;
38	38	(L) [(12)] autism; or
39	39	(M) [(13)] emotional illness.
40	40	SECTION 2. Section 123.007, Human Resources Code, is
41	41	amended to read as follows:
42	42	Sec. 123.007. LICENSING AS COMMUNITY HOME REQUIRED
43	43	[REQUIREMENTS]. A community home must meet all applicable
44	44	licensing requirements, including:
45	45	(1) an applicant for a community home for disabled
46	46	persons must submit an application to the department on a form
47	47	prescribed by the department;
48	48	(2) each application must be accompanied by a
49	49	nonrefundable license fee in an amount set by the department;
50	50	(3) the department may provide technical assistance to
51	51	an applicant by performing brief inspections of the community home
52	52	proposed to be licensed and making recommendations concerning
53	53	actions necessary to meet standards for community homes for
54	54	disabled persons; and
55	55	(4) prior to issuance of a license, the department
56	56	shall require that an application be approved by the local health
57	57	authority or other local official for compliance with municipal
58	58	ordinances on building standards, fire safety, sanitation, zoning,
59	59	and other ordinances relating to the public health and safety.
60	60	SECTION 3. Chapter 123, Human Resources Code, is amended by
61	61	adding Sections 123.011 through 123.023 to read as follows:
62	62	Sec. 123.011. DISPLAY OF LICENSE. A community home shall
63	63	prominently and conspicuously post for display in a public area of
64	64	the community home that is readily available to residents,
65	65	employees, or visitors:
66	66	(1) the license issued under this chapter;
67	67	(2) the name and address of the license holder;
68	68	(3) the name of the owner or owners, if different from
69	69	the information provided under Subdivision (2);
70	70	(4) the license expiration date;
71	71	(5) the types of services authorized to be provided
72	72	under the license;
73	73	(6) a sign prescribed by the executive commissioner
74	74	that specifies complaint procedures established under this chapter
75	75	or rules adopted under this chapter and that specifies how
76	76	complaints may be registered with the department;
77	77	(7) a notice in a form prescribed by the department
78	78	stating that inspection and related reports are available at the
79	79	community home for public inspection and providing the department's
80	80	toll-free number that may be used to obtain information concerning
81	81	the community home; and
82	82	(8) a concise summary of the most recent inspection
83	83	report relating to the community home.
84	84	Sec. 123.012. ANNUAL INSPECTIONS; INVESTIGATIONS. (a) The
85	85	department, or local district attorney, county attorney, or city
86	86	attorney may inspect a community home annually and may inspect the
87	87	community home at other reasonable times as necessary to ensure
88	88	compliance with this chapter or to ensure compliance with municipal
89	89	ordinances on building standards, fire safety, sanitation, and
90	90	zoning and other ordinances relating to the public health and
91	91	safety.
92	92	(b) A license holder or a license applicant is considered to
93	93	have consented to entry and inspection of the community home by the
94	94	department, local district attorney, county attorney, or city
95	95	attorney in accordance with this chapter.
96	96	Sec. 123.013. MUNICIPAL ENFORCEMENT OF EMERGENCY CLOSURE.
97	97	The governing body of a municipality may:
98	98	(1) prohibit a person who does not hold a license
99	99	issued under this chapter from establishing or operating a
100	100	community home within the municipality; and
101	101	(2) establish a procedure for emergency closure of a
102	102	community home under the following circumstances:
103	103	(A) the home is established or operating in
104	104	violation of Section 123.007; and
105	105	(B) the continued operation of the community home
106	106	creates an immediate threat to the health and safety of a resident
107	107	of the community home.
108	108	Sec. 123.014. INJUNCTION. (a) The department, local
109	109	district attorney, county attorney, or city attorney may petition a
110	110	district court for a temporary restraining order to restrain a
111	111	continuing violation of the standards or licensing requirements
112	112	provided under this chapter or violation of a municipal ordinance
113	113	if the department, local district attorney, county attorney, or
114	114	city attorney finds that:
115	115	(1) the violation creates an immediate threat to the
116	116	health and safety of the residents of the community home; or
117	117	(2) the home is operating without a license.
118	118	(b) The department, local district attorney, county
119	119	attorney, or city attorney may petition a district court for a
120	120	temporary restraining order to inspect a community home allegedly
121	121	operating without a license when admission to the community home
122	122	cannot be obtained. If it is shown that admission to the community
123	123	home cannot be obtained, the court shall order the community home to
124	124	allow the department, local district attorney, county attorney, or
125	125	city attorney admission to the community home.
126	126	(c) A district court, on petition of the department, local
127	127	district attorney, county attorney, or city attorney and on finding
128	128	by the court that a person is violating the standards or licensing
129	129	requirements provided under this chapter or a municipal ordinance,
130	130	may by injunction:
131	131	(1) prohibit a person from continuing a violation of
132	132	the standards or licensing requirements provided under this
133	133	chapter;
134	134	(2) prohibit a person from continuing to violate a
135	135	municipal ordinance;
136	136	(3) restrain the establishment or operation of the
137	137	community home without a license issued under this chapter; or
138	138	(4) grant any other injunctive relief warranted by the
139	139	facts.
140	140	(d) The attorney general or local district attorney, county
141	141	attorney, or city attorney may institute and conduct a suit
142	142	authorized by this section.
143	143	(e) Venue for a suit brought under this section is in the
144	144	county in which the community home is located or in Travis County.
145	145	Sec. 123.015. FINDINGS AND PURPOSE OF TRUSTEES. (a) The
146	146	legislature finds that, under some circumstances, closing a
147	147	community home for a violation of law or rule may:
148	148	(1) have an adverse effect on the home's residents and
149	149	their families; and
150	150	(2) result in a lack of readily available financial
151	151	resources to meet the basic needs of the residents for food,
152	152	shelter, medication, and personal services.
153	153	(b) The purpose of the provisions of this chapter that
154	154	authorize the appointment of a trustee is to provide for:
155	155	(1) the appointment of a trustee to assume operations
156	156	of the community home in a manner that emphasizes resident care and
157	157	reduces resident trauma; and
158	158	(2) a fund to assist a court-appointed trustee in
159	159	meeting the basic needs of the residents.
160	160	Sec. 123.016. TRUSTEE APPOINTED BY AGREEMENT. (a) A person
161	161	who holds a controlling interest in a community home may request the
162	162	department to assume operation of the community home through the
163	163	appointment of a trustee.
164	164	(b) After receiving this request, the department may enter
165	165	into an agreement providing for the appointment of a trustee to take
166	166	charge of the community home under conditions both parties consider
167	167	appropriate if the department considers the appointment desirable.
168	168	(c) An agreement under this section must:
169	169	(1) specify the terms and conditions of the trustee's
170	170	appointment and authority; and
171	171	(2) preserve the rights of the residents as granted by
172	172	law.
173	173	(d) The agreement terminates at the time:
174	174	(1) specified by the parties; or
175	175	(2) either party notifies the other in writing that
176	176	the party is terminating the appointment agreement.
177	177	Sec. 123.017. INVOLUNTARY APPOINTMENT OF TRUSTEE. (a) The
178	178	department may request the attorney general to bring an action on
179	179	behalf of the state, or the local district attorney, county
180	180	attorney, or city attorney may bring an action, for the appointment
181	181	of a trustee to operate a community home if:
182	182	(1) the community home is operating without a license;
183	183	(2) the department has suspended or revoked the
184	184	community home's license;
185	185	(3) license suspension or revocation procedures
186	186	against the community home are pending, and the department
187	187	determines that an imminent threat to the health and safety of the
188	188	residents exists;
189	189	(4) the department, local district attorney, county
190	190	attorney, or city attorney determines that an emergency exists that
191	191	presents an immediate threat to the health and safety of the
192	192	residents;
193	193	(5) the community home is closing and arrangements for
194	194	relocation of the residents to other licensed community homes for
195	195	disabled persons have not been made before closure; or
196	196	(6) the community home does not comply with municipal
197	197	ordinances on building standards, fire safety, sanitation, or
198	198	zoning, or other ordinances that relate to the public health and
199	199	safety.
200	200	(b) A trustee appointed under Subsection (a)(5) has the
201	201	authority only to ensure an orderly and safe relocation of the
202	202	community home's residents as quickly as possible.
203	203	(c) After a hearing, a court shall appoint as trustee an
204	204	individual whose background includes services for disabled
205	205	persons.
206	206	(d) An action under this section must be brought in Travis
207	207	County or the county in which the community home is located.
208	208	Sec. 123.018. TRUSTEE FEE AND RELEASE OF MONEY TO TRUSTEE.
209	209	(a) A trustee appointed by the court under this chapter is entitled
210	210	to a reasonable fee as determined by the court. In determining the
211	211	trustee's personal compensation for administration of the
212	212	community home, the court shall consider reasonable a rate that is
213	213	equal to 150 percent of the maximum allowable rate for an
214	214	owner-administrator of a similar facility under the state's
215	215	Medicaid reimbursement rules, if applicable, or another reasonable
216	216	rate determined by the executive commissioner by rule. The court
217	217	shall determine the reasonableness of the trustee's personal
218	218	compensation for other duties. On the motion of any party, the
219	219	court shall review the reasonableness of the trustee's fees. The
220	220	court shall reduce the amount if the court determines that the fees
221	221	are not reasonable.
222	222	(b) The trustee may petition the court to order the release
223	223	to the trustee of any payment owed the trustee for care and services
224	224	provided to the residents if the payment has been withheld,
225	225	including a payment withheld by the commission.
226	226	(c) Payments withheld under Subsection (b) may include
227	227	payments withheld by a governmental agency or other entity during
228	228	the appointment of the trustee, including payments:
229	229	(1) for Medicaid or insurance;
230	230	(2) by a third party; or
231	231	(3) for medical expenses incurred by the residents.
232	232	Sec. 123.019. COMMUNITY HOME TRUST FUND AND EMERGENCY
233	233	ASSISTANCE FUNDS. (a) The community home fund is a trust fund with
234	234	the comptroller and shall be made available to the department for
235	235	expenditures without legislative appropriation to make emergency
236	236	assistance funds available to a community home.
237	237	(b) A trustee of a community home may use the emergency
238	238	assistance funds only to alleviate an immediate threat to the
239	239	health and safety of the residents. The use may include payments
240	240	for:
241	241	(1) food;
242	242	(2) medication;
243	243	(3) sanitation services;
244	244	(4) minor repairs;
245	245	(5) supplies necessary for personal hygiene; or
246	246	(6) services necessary for the personal care, health,
247	247	and safety of the residents.
248	248	(c) A court may order the department to disburse emergency
249	249	assistance funds to a community home if the court finds that:
250	250	(1) the community home has inadequate funds accessible
251	251	to the trustee for the operation of the community home;
252	252	(2) an emergency exists that presents an immediate
253	253	threat to the health and safety of the residents; and
254	254	(3) it is in the best interests of the health and
255	255	safety of the residents that funds are immediately available.
256	256	(d) The commission shall disburse money from the community
257	257	home fund as ordered by the court in accordance with department
258	258	rules.
259	259	(e) Any unencumbered amount in the community home fund that
260	260	exceeds $500,000 at the end of each fiscal year shall be transferred
261	261	to the credit of the general revenue fund and may be appropriated
262	262	only to the department for department use in administering and
263	263	enforcing this chapter.
264	264	Sec. 123.020. ADDITIONAL LICENSE FEE. (a) In addition to
265	265	the license fee required by Section 123.007, the commission shall
266	266	adopt an annual fee to be charged and collected if the amount of the
267	267	community home fund is less than $500,000. The fee shall be
268	268	deposited to the credit of the community home fund created by this
269	269	chapter.
270	270	(b) The commission may charge and collect a fee under this
271	271	section more than once each year only if necessary to ensure that
272	272	the amount in the community home fund is sufficient to make
273	273	disbursements under Section 123.019.
274	274	(c) The commission shall set the fee on the basis of the
275	275	number of beds in a community home required to pay the fee and in an
276	276	amount necessary to provide more than $500,000 in the community
277	277	home fund.
278	278	Sec. 123.021. REIMBURSEMENT. (a) A community home that
279	279	receives emergency assistance money or trustee fees under this
280	280	chapter shall reimburse the department for the amounts received,
281	281	including interest.
282	282	(b) Interest on unreimbursed amounts accrues from the date
283	283	on which the money is disbursed to the community home. The rate of
284	284	interest is the rate determined under Section 304.003, Finance
285	285	Code, to be applicable to judgments rendered during the month in
286	286	which the money is disbursed to the community home.
287	287	(c) The owner of the community home when the trustee is
288	288	appointed is responsible for the reimbursement.
289	289	(d) The amount that remains unreimbursed on the date of the
290	290	first anniversary on which the money is received is delinquent and
291	291	the commission may determine that the community home is ineligible
292	292	for a Medicaid provider contract.
293	293	(e) The department shall deposit the reimbursement and
294	294	interest received under this section to the credit of the community
295	295	home fund.
296	296	(f) The attorney general shall institute an action to
297	297	collect money due under this section at the request of the
298	298	department. An action under this section must be brought in Travis
299	299	County or in the county in which the community home is located.
300	300	Sec. 123.022. NOTIFICATION OF CLOSURE. (a) A community home
301	301	that is closing temporarily or permanently, voluntarily or
302	302	involuntarily, shall notify the residents of the closing and make
303	303	reasonable efforts to notify in writing each resident's nearest
304	304	relative or the person responsible for the resident's support
305	305	within a reasonable time before the home closes.
306	306	(b) If the department, local district attorney, county
307	307	attorney, city attorney, or a court orders a facility to close and
308	308	the closure is in any other way involuntary, the community home
309	309	shall make the notification, orally or in writing, immediately on
310	310	receiving notice.
311	311	Sec. 123.023. CRIMINAL PENALTY FOR FAILURE TO NOTIFY. (a) A
312	312	community home commits an offense if the home knowingly fails to
313	313	comply with Section 123.022.
314	314	(b) An offense under this section is a Class A misdemeanor.
315	315	SECTION 4. The heading to Chapter 123, Human Resources
316	316	Code, is amended to read as follows:
317	317	CHAPTER 123. COMMUNITY HOMES FOR DISABLED PERSONS [LOCATION ACT]
318	318	SECTION 5. Sections 142.004(c) and (e), Health and Safety
319	319	Code, are amended to read as follows:
320	320	(c) The board by rule shall require that, at a minimum,
321	321	before the department may approve a license application, the
322	322	applicant must provide to the department:
323	323	(1) documentation establishing that, at a minimum, the
324	324	applicant has sufficient financial resources to provide the
325	325	services required by this chapter and by the department during the
326	326	term of the license;
327	327	(2) a list of the management personnel for the
328	328	proposed home and community support services agency, a description
329	329	of personnel qualifications, and a plan for providing continuing
330	330	training and education for the personnel during the term of the
331	331	license;
332	332	(3) documentation establishing that the applicant is
333	333	capable of meeting the minimum standards established by the board
334	334	relating to the quality of care;
335	335	(4) a plan that provides for the orderly transfer of
336	336	care of the applicant's clients if the applicant cannot maintain or
337	337	deliver home health, hospice, or personal assistance services under
338	338	the license;
339	339	(5) identifying information on the home and community
340	340	support services agency owner, administrator, and chief financial
341	341	officer to enable the department to conduct criminal background
342	342	checks on those persons;
343	343	(6) identification of any controlling person with
344	344	respect to the applicant; [and]
345	345	(7) documentation relating to any controlling person
346	346	identified under Subdivision (6), if requested by the department
347	347	and relevant to the controlling person's compliance with any
348	348	applicable licensing standard required or adopted by the board
349	349	under this chapter; and
350	350	(8) approval by the local health authority or other
351	351	local official, for any alternate delivery site or other facility
352	352	owned or operated by, or under the control of, a home and community
353	353	support services agency, for compliance with municipal ordinances
354	354	on building standards, fire safety, sanitation, and zoning and
355	355	other ordinances relating to the public health and safety.
356	356	(e) A home and community support services agency owned or
357	357	operated by a state agency directly providing services is not
358	358	required to provide the information described in Subsections
359	359	(c)(1), (5), and (8) [(c)(1) and (5)].
360	360	SECTION 6. Section 142.0065, Health and Safety Code, is
361	361	amended to read as follows:
362	362	Sec. 142.0065. DISPLAY OF LICENSE. (a) A license issued
363	363	under this chapter shall be displayed in a conspicuous place in the
364	364	designated place of business and must show:
365	365	(1) the name and address of the licensee;
366	366	(2) the name of the owner or owners, if different from
367	367	the information provided under Subdivision (1);
368	368	(3) the license expiration date; and
369	369	(4) the types of services authorized to be provided
370	370	under the license.
371	371	(b) A community support services agency shall prominently
372	372	and conspicuously post for display in a public area of the agency
373	373	that is readily available to residents, employees, or visitors:
374	374	(1) a sign prescribed by the department that specifies
375	375	complaint procedures established under this chapter or rules
376	376	adopted under this chapter and that specifies how complaints may be
377	377	registered with the department;
378	378	(2) a notice in a form prescribed by the department
379	379	stating that inspection and related reports are available at the
380	380	home and community support services agency's designated place of
381	381	business for public inspection and providing the department's
382	382	toll-free number that may be used to obtain information concerning
383	383	the agency; and
384	384	(3) a concise summary of the most recent inspection
385	385	report relating to the services.
386	386	SECTION 7. Subchapter A, Chapter 142, Health and Safety
387	387	Code, is amended by adding Section 142.0066 to read as follows:
388	388	Sec. 142.0066. ANNUAL INSPECTIONS; INVESTIGATIONS. (a) The
389	389	department, local district attorney, county attorney, or city
390	390	attorney may enter the designated premises of a license applicant
391	391	or license holder or any branch office, any alternate delivery
392	392	site, or other facility described by Section 142.004(c)(8),
393	393	annually or at reasonable times as necessary to ensure compliance
394	394	with this chapter and the rules adopted under this chapter and to
395	395	ensure compliance with municipal ordinances on building standards,
396	396	fire safety, sanitation, and zoning and other ordinances relating
397	397	to the public health and safety. A license holder or an applicant
398	398	for a license is considered to have consented to entry and
399	399	inspection of the premises by the department, local district
400	400	attorney, county attorney, or city attorney in accordance with this
401	401	chapter.
402	402	(b) The inspection under this section is in addition to the
403	403	survey authorized by Section 142.009.
404	404	SECTION 8. Subchapter A, Chapter 142, Health and Safety
405	405	Code, is amended by adding Section 142.0125 to read as follows:
406	406	Sec. 142.0125. TEMPORARY RESTRAINING ORDER. The
407	407	department, local district attorney, county attorney, or city
408	408	attorney may petition a district court for a temporary restraining
409	409	order to restrain a continuing violation of the standards or
410	410	licensing requirements provided under this chapter or a violation
411	411	of a municipal ordinance if the department, local district
412	412	attorney, county attorney, or city attorney finds that:
413	413	(1) a violation creates an immediate threat to the
414	414	health and safety of a resident or client of the home and community
415	415	support services agency; or
416	416	(2) the home and community support services agency is
417	417	operating without a license.
418	418	SECTION 9. Section 142.013, Health and Safety Code, is
419	419	amended to read as follows:
420	420	Sec. 142.013. INJUNCTION. (a) A district court, on
421	421	petition of the department, local district attorney, county
422	422	attorney, or city attorney and on a finding by the court that a
423	423	person is violating this chapter or a municipal ordinance, may by
424	424	injunction:
425	425	(1) prohibit the person from continuing the violation;
426	426	or
427	427	(2) grant any other injunctive relief warranted by the
428	428	facts.
429	429	(b) The attorney general, local district attorney, county
430	430	attorney, or city attorney may [shall] institute and conduct a suit
431	431	authorized by this section [at the request of the department and in
432	432	the name of the state].
433	433	(c) A suit for injunctive relief must be brought in Travis
434	434	County or the county in which the alleged violation occurs.
435	435	SECTION 10. Subchapter A, Chapter 142, Health and Safety
436	436	Code, is amended by adding Sections 142.0135 through 142.0144 to
437	437	read as follows:
438	438	Sec. 142.0135. MUNICIPAL ENFORCEMENT OF EMERGENCY CLOSURE.
439	439	The governing body of a municipality by ordinance may:
440	440	(1) prohibit a person who does not hold a license under
441	441	this chapter from establishing or operating a home and community
442	442	support services agency within the municipality; and
443	443	(2) establish a procedure for emergency closure of the
444	444	home and community support services agency under the following
445	445	circumstances:
446	446	(A) the home and community support services
447	447	agency is established or operating in violation of Section 142.002;
448	448	and
449	449	(B) the continued operation of the home and
450	450	community support services agency creates an immediate threat to
451	451	the health and safety of a client agency.
452	452	Sec. 142.0136. FINDINGS AND PURPOSE OF TRUSTEES. (a) The
453	453	legislature finds that, under some circumstances, closing a home
454	454	and community support services agency for a violation of the law or
455	455	rule may:
456	456	(1) have an adverse effect on the agency's clients and
457	457	their families; and
458	458	(2) result in a lack of readily available financial
459	459	resources to meet the basic needs of the clients for food, shelter,
460	460	and medication, if applicable, and personal services.
461	461	(b) The purpose of the provisions of this chapter that
462	462	authorize the appointment of a trustee is to provide for:
463	463	(1) the appointment of a trustee to assume operations
464	464	of the home and community support services agency in a manner that
465	465	emphasizes client care and reduces client trauma; and
466	466	(2) the use of a fund to assist a court appointed
467	467	trustee in meeting the basic needs of the clients.
468	468	Sec. 142.0137. TRUSTEE APPOINTMENT BY AGREEMENT. (a) A
469	469	person who holds a controlling interest in a home and community
470	470	support services agency may request the department to assume
471	471	operation of the home and community support services agency through
472	472	the appointment of a trustee.
473	473	(b) After receiving the request, the department may enter
474	474	into an agreement providing for the appointment of a trustee to take
475	475	charge of the home and community support services agency under
476	476	conditions both parties consider appropriate if the department
477	477	considers the appointment desirable.
478	478	(c) An agreement under this section must:
479	479	(1) specify the terms and conditions of the trustee's
480	480	appointment and authority; and
481	481	(2) preserve the rights of clients as granted by law.
482	482	(d) The agreement terminates at the time:
483	483	(1) specified by the parties; or
484	484	(2) either party notifies the other in writing that
485	485	the party is terminating the appointment agreement.
486	486	Sec. 142.0138. INVOLUNTARY APPOINTMENT OF TRUSTEE. (a) The
487	487	department may request the attorney general to bring an action on
488	488	behalf of the state, or the local district attorney, county
489	489	attorney, or city attorney may bring an action, for the appointment
490	490	of a trustee to operate a home and community support services agency
491	491	if:
492	492	(1) the home and community support services agency is
493	493	operating without a license;
494	494	(2) the department has suspended or revoked the home
495	495	and community support services agency's license;
496	496	(3) license suspension or revocation procedures
497	497	against the home and community support services agency are pending
498	498	and the department determines that an imminent threat to the health
499	499	and safety of the clients exists;
500	500	(4) the department, local district attorney, county
501	501	attorney, or city attorney determines that an emergency exists that
502	502	presents an immediate threat to the health and safety of the
503	503	clients;
504	504	(5) the home and community support services agency is
505	505	closing and alternate arrangements for services for the clients by
506	506	other licensed home and community support services agencies have
507	507	not been made before closure; or
508	508	(6) the home and community support services agency
509	509	does not comply with municipal ordinances on building standards,
510	510	fire safety, sanitation, or zoning or other ordinances that relate
511	511	to the public health and safety.
512	512	(b) A trustee appointed under Subsection (a)(5) has the
513	513	authority only to ensure an orderly and safe relocation of the home
514	514	and community support services agency's clients as quickly as
515	515	possible.
516	516	(c) After a hearing, a court shall appoint as trustee an
517	517	individual whose background includes home and community support
518	518	services.
519	519	(d) An action brought under this section must be brought in
520	520	Travis County or the county in which the home and community support
521	521	services agency's designated business premises is located or
522	522	provides services.
523	523	Sec. 142.0139. TRUSTEE FEE AND RELEASE OF MONEY TO TRUSTEE.
524	524	(a) A trustee appointed by the court under this chapter is entitled
525	525	to a reasonable fee as determined by the court. In determining the
526	526	trustee's personal compensation for administration of the home and
527	527	community support services agency, the court shall consider
528	528	reasonable a rate that is equal to 150 percent of the maximum
529	529	allowable rate for administration of a similar agency under the
530	530	state's Medicaid reimbursement rules, if applicable, or another
531	531	reasonable rate determined by department rule. The court shall
532	532	determine the reasonableness of the trustee's personal
533	533	compensation for other duties. On the motion of any party, the court
534	534	shall review the reasonableness of the trustee's fees. The court
535	535	shall reduce the amount if the court determines that the fees are
536	536	not reasonable.
537	537	(b) The trustee may petition the court to order the release
538	538	to the trustee of any payment owed the trustee for care and services
539	539	provided to the clients if the payment has been withheld, including
540	540	a payment withheld by the Health and Human Services Commission.
541	541	(c) Payments withheld under Subsection (b) may include
542	542	payments withheld by a governmental agency or other entity during
543	543	the appointment of the trustee, including payments:
544	544	(1) for Medicaid or insurance;
545	545	(2) by a third party; or
546	546	(3) for medical expenses incurred by the clients.
547	547	Sec. 142.0140. HOME AND COMMUNITY SUPPORT SERVICES TRUST
548	548	FUND AND EMERGENCY ASSISTANCE FUNDS. (a) The home and community
549	549	support services fund is a trust fund with the comptroller and shall
550	550	be made available to the department for expenditures without
551	551	legislative appropriation to make emergency assistance funds
552	552	available to a home and community support services agency.
553	553	(b) A trustee of a home and community support services
554	554	agency may use the emergency assistance funds only to alleviate an
555	555	immediate threat to the health and safety of the clients. The use
556	556	may include payments for:
557	557	(1) food;
558	558	(2) medication;
559	559	(3) sanitation services;
560	560	(4) minor repairs of a facility owned, operated, or
561	561	under control of the agency;
562	562	(5) supplies necessary for personal hygiene; or
563	563	(6) services necessary for the personal care, health,
564	564	and safety of the clients.
565	565	(c) A court may order the department to disburse emergency
566	566	assistance funds to a home and community support services agency if
567	567	the court finds that:
568	568	(1) the home and community support services agency has
569	569	inadequate funds accessible to the trustee for the operation of the
570	570	home and community support services agency;
571	571	(2) an emergency exists that presents an immediate
572	572	threat to the health and safety of the clients; and
573	573	(3) it is in the best interests of the health and
574	574	safety of the clients that funds are immediately available.
575	575	(d) The department shall disburse money from the home and
576	576	community support services fund as ordered by the court in
577	577	accordance with department rules.
578	578	(e) Any unencumbered amount in the home and community
579	579	support services fund that exceeds $500,000 at the end of each
580	580	fiscal year shall be transferred to the credit of the general
581	581	revenue fund and may be appropriated only to the department for the
582	582	department's use in administering and enforcing this chapter.
583	583	Sec. 142.0141. ADDITIONAL LICENSE FEE. (a) In addition to
584	584	the license fee required by Section 142.004, the department shall
585	585	adopt an annual fee to be charged and collected if the amount of the
586	586	home and community support services fund is less than $500,000. The
587	587	fee shall be deposited to the credit of the home and community
588	588	support services fund created by this chapter.
589	589	(b) The department may charge and collect a fee under this
590	590	section more than once each year only if necessary to ensure that
591	591	the amount in the home and community support services fund is
592	592	sufficient to make disbursements under Section 142.0140.
593	593	(c) The department shall set the fee on the basis of the
594	594	number of clients served by the home and community support services
595	595	agency required to pay the fee and in an amount necessary to provide
596	596	more than $500,000 in the home and community support services fund.
597	597	Sec. 142.0142. TRUSTEE FEE AND RELEASE OF MONEY TO TRUSTEE.
598	598	(a) A home and community support services agency that receives
599	599	emergency assistance money or trustee fees under this chapter shall
600	600	reimburse the department for the amounts received, including
601	601	interest.
602	602	(b) Interest on unreimbursed amounts accrues from the date
603	603	on which the money is disbursed to the home and community support
604	604	services agency. The rate of interest is the rate determined under
605	605	Section 304.003, Finance Code, to be applicable to judgments
606	606	rendered during the month in which the money is disbursed to the
607	607	home and community support services agency.
608	608	(c) The owner of a home and community support services
609	609	agency when the trustee is appointed is responsible for the
610	610	reimbursement.
611	611	(d) The amount that remains unreimbursed on the date of the
612	612	first anniversary on which the money is received is delinquent and
613	613	the Health and Human Services Commission may determine that the
614	614	home and community support services agency is ineligible for a
615	615	Medicaid provider contract.
616	616	(e) The department shall deposit the reimbursement and
617	617	interest received under this section to the credit of the home and
618	618	community support services trust fund.
619	619	(f) The attorney general shall institute an action to
620	620	collect money due under this section at the request of the
621	621	department. An action under this section must be brought in Travis
622	622	County or in the county in which the home and community support
623	623	services agency's designated business premises is located or
624	624	provides service.
625	625	Sec. 142.0143. NOTIFICATION OF CLOSURE. (a) A home and
626	626	community support services agency that is closing temporarily or
627	627	permanently, voluntarily or involuntarily, shall notify the
628	628	clients of the closing and make reasonable efforts to notify in
629	629	writing each client's nearest relative or the person responsible
630	630	for the client's support within a reasonable time before the agency
631	631	closes or services terminate.
632	632	(b) If the department, local district attorney, county
633	633	attorney, city attorney, or a court orders a home and community
634	634	support services agency to close or services to terminate and the
635	635	closure is in any other way involuntary, the home and community
636	636	support services agency shall make the notification, orally or in
637	637	writing, immediately on receiving notice.
638	638	Sec. 142.0144. CRIMINAL PENALTY FOR FAILURE TO NOTIFY. (a)
639	639	A home and community support services agency commits an offense if
640	640	the agency knowingly fails to comply with Section 142.0143.
641	641	(b) An offense under this section is a Class A misdemeanor.
642	642	SECTION 11. Section 247.022, Health and Safety Code, is
643	643	amended by adding Subsection (d) to read as follows:
644	644	(d) Prior to the issuance of any department license, the
645	645	department shall require that an application be approved by the
646	646	local health authority or other local official for compliance with
647	647	municipal ordinances on building standards, fire safety,
648	648	sanitation, and zoning and other ordinances relating to the public
649	649	health and safety.
650	650	SECTION 12. Subchapter B, Chapter 247, Health and Safety
651	651	Code, is amended by adding Section 247.0232 to read as follows:
652	652	Sec. 247.0232. DISPLAY OF LICENSE. Each assisted living
653	653	facility shall prominently and conspicuously post for display in a
654	654	public area of the assisted living facility that is readily
655	655	available to residents, employees, or visitors:
656	656	(1) the license issued under this chapter;
657	657	(2) the name and address of the license holder;
658	658	(3) the name of the owner or owners, if different from
659	659	the information provided under Subdivision (2);
660	660	(4) the license expiration date;
661	661	(5) the types of services authorized to be provided
662	662	under the license;
663	663	(6) a sign prescribed by the department that specifies
664	664	complaint procedures established under this chapter or rules
665	665	adopted under this chapter and that specifies how complaints may be
666	666	registered with the department;
667	667	(7) a notice in a form prescribed by the department
668	668	stating that inspection and related reports are available at the
669	669	assisted living facility for public inspection and providing the
670	670	department's toll-free number that may be used to obtain
671	671	information concerning the facility; and
672	672	(8) a concise summary of the most recent inspection
673	673	report relating to the facility.
674	674	SECTION 13. Section 247.027, Health and Safety Code, is
675	675	amended by amending Subsection (a) and adding Subsection (c) to
676	676	read as follows:
677	677	(a) In addition to the inspection required under Section
678	678	247.023(a), the department, local district attorney, county
679	679	attorney, or city attorney may inspect an assisted living facility
680	680	annually and may inspect a facility at other reasonable times as
681	681	necessary to ensure [assure] compliance with this chapter or to
682	682	ensure compliance with municipal ordinances on building standards,
683	683	fire safety, sanitation, and zoning and other ordinances relating
684	684	to the public health and safety.
685	685	(c) A license holder or license applicant is considered to
686	686	have consented to entry and inspection of the assisted living
687	687	facility by the department, local district attorney, county
688	688	attorney, or city attorney in accordance with this chapter.
689	689	SECTION 14. Sections 247.044(a), (b), (c), and (d), Health
690	690	and Safety Code, are amended to read as follows:
691	691	(a) The department, local district attorney, county
692	692	attorney, or city attorney may petition a district court for a
693	693	temporary restraining order to restrain a continuing violation of
694	694	the standards or licensing requirements provided under this chapter
695	695	or a violation of a municipal ordinance if the department, local
696	696	district attorney, county attorney, or city attorney finds that:
697	697	(1) the violation creates an immediate threat to the
698	698	health and safety of the assisted living facility residents; or
699	699	(2) the facility is operating without a license.
700	700	(b) A district court, on petition of the department, local
701	701	district attorney, county attorney, or city attorney and on a
702	702	finding by the court that a person is violating the standards or
703	703	licensing requirements provided under this chapter or by a
704	704	municipal ordinance, may by injunction:
705	705	(1) prohibit a person from continuing a violation of
706	706	the standards or licensing requirements provided under this chapter
707	707	or by municipal ordinance;
708	708	(2) restrain the establishment or operation of an
709	709	assisted living facility without a license issued under this
710	710	chapter; or
711	711	(3) grant any other injunctive relief warranted by the
712	712	facts.
713	713	(c) The department, local district attorney, county
714	714	attorney, or city attorney may petition a district court for a
715	715	temporary restraining order to inspect a facility allegedly
716	716	required to be licensed and operating without a license when
717	717	admission to the facility cannot be obtained. If it is shown that
718	718	admission to the facility cannot be obtained, the court shall order
719	719	the facility to allow the department, local district attorney,
720	720	county attorney, or city attorney admission to the facility.
721	721	(d) The attorney general or local district attorney, county
722	722	attorney, or city [prosecuting] attorney may institute and conduct
723	723	a suit authorized by this section [at the request of the
724	724	department].
725	725	SECTION 15. Chapter 247, Health and Safety Code, is amended
726	726	by adding Subchapter F to read as follows:
727	727	SUBCHAPTER F. TRUSTEES OF FACILITIES
728	728	Sec. 247.081. FINDINGS AND PURPOSE OF TRUSTEES FOR
729	729	FACILITIES. (a) The legislature finds that, under some
730	730	circumstances, closing an assisted living facility for a violation
731	731	of law or rule may:
732	732	(1) have an adverse effect on the assisted living
733	733	facility's residents and their families; and
734	734	(2) result in a lack of readily available financial
735	735	resources to meet the basic needs of the residents for food,
736	736	shelter, medication, and personal services.
737	737	(b) The purpose of the provisions of this chapter that
738	738	authorize the appointment of a trustee is to provide for:
739	739	(1) the appointment of a trustee to assume operations
740	740	of the assisted living facility in a manner that emphasizes
741	741	resident care and reduces resident trauma; and
742	742	(2) the use of a fund established by Section 242.0965
743	743	to assist a court-appointed trustee in meeting the basic needs of
744	744	the residents.
745	745	Sec. 247.082. TRUSTEE APPOINTMENT BY AGREEMENT. (a) A
746	746	person who holds a controlling interest in an assisted living
747	747	facility may request the department to assume operation of the
748	748	facility through the appointment of a trustee.
749	749	(b) After receiving this request, the department may enter
750	750	into an agreement providing for the appointment of a trustee to take
751	751	charge of the assisted living facility under conditions both
752	752	parties consider appropriate if the department considers the
753	753	appointment desirable.
754	754	(c) An agreement under this section must:
755	755	(1) specify the terms and conditions of the trustee's
756	756	appointment and authority; and
757	757	(2) preserve the rights of the residents as granted by
758	758	law.
759	759	(d) The agreement terminates at the time:
760	760	(1) specified by the parties; or
761	761	(2) either party notifies the other in writing that
762	762	the party is terminating the appointment agreement.
763	763	Sec. 247.083. INVOLUNTARY APPOINTMENT OF TRUSTEE. (a) The
764	764	department may request the attorney general to bring action on
765	765	behalf of the state, or the local district attorney, county
766	766	attorney, or city attorney may bring an action, for the appointment
767	767	of a trustee to operate an assisted living facility if:
768	768	(1) the facility is operating without a license;
769	769	(2) the department has suspended or revoked the
770	770	facility's license;
771	771	(3) license suspension or revocation procedures
772	772	against the facility are pending and the department determines that
773	773	an imminent threat to the health and safety of the residents exists;
774	774	(4) the department, local district attorney, county
775	775	attorney, or city attorney determines that an emergency exists that
776	776	presents an immediate threat to the health and safety of the
777	777	residents;
778	778	(5) the facility is closing and arrangements for
779	779	relocation of the residents to other licensed facilities have not
780	780	been made before closure; or
781	781	(6) the facility does not comply with municipal
782	782	ordinances on building standards, fire safety, sanitation, or
783	783	zoning or other ordinances that relate to the public health and
784	784	safety.
785	785	(b) A trustee appointed under Subsection (a)(5) has the
786	786	authority only to ensure an orderly and safe relocation of the
787	787	facility's residents as quickly as possible.
788	788	(c) After a hearing, a court shall appoint as trustee an
789	789	individual whose background includes assisted living facility
790	790	services.
791	791	(d) An action under this section must be brought in Travis
792	792	County or the county in which the facility is located.
793	793	Sec. 247.084. TRUSTEE FEE AND RELEASE OF MONEY TO TRUSTEE.
794	794	(a) A trustee appointed by the court under this chapter is entitled
795	795	to a reasonable fee as determined by the court. In determining the
796	796	trustee's personal compensation for administration of the assisted
797	797	living facility, the court shall consider reasonable a rate that is
798	798	equal to 150 percent of the maximum allowable rate for an
799	799	owner-administrator of an assisted living facility under the
800	800	state's Medicaid reimbursement rules, if applicable, or another
801	801	reasonable rate determined by department rule. The court shall
802	802	determine the reasonableness of the trustee's personal
803	803	compensation for other duties. On the motion of any party, the
804	804	court shall review the reasonableness of the trustee's fees. The
805	805	court shall reduce the amount if the court determines that the fees
806	806	are not reasonable.
807	807	(b) The trustee may petition the court to order the release
808	808	to the trustee of any payment owed the trustee for care and services
809	809	provided to the residents if the payment has been withheld,
810	810	including a payment withheld by the Health and Human Services
811	811	Commission.
812	812	(c) Payments withheld under Subsection (b) may include
813	813	payments withheld by a governmental agency or other entity during
814	814	the appointment of the trustee, including payments:
815	815	(1) for Medicaid or insurance;
816	816	(2) by a third party; or
817	817	(3) for medical expenses incurred by the residents.
818	818	Sec. 247.085. REIMBURSEMENT. (a) An assisted living
819	819	facility that receives emergency assistance money or trustee fees
820	820	under this chapter shall reimburse the department in the amounts
821	821	received, including interest.
822	822	(b) Interest on unreimbursed amounts accrues from the date
823	823	on which the money is disbursed to the assisted living facility.
824	824	The rate of interest is the rate determined under Section 304.003,
825	825	Finance Code, to be applicable to judgments rendered during the
826	826	month in which the money is disbursed to the facility.
827	827	(c) The owner of the assisted living facility when the
828	828	trustee is appointed is responsible for the reimbursement.
829	829	(d) The amount that remains unreimbursed on the date of the
830	830	first anniversary on which the money is received is delinquent and
831	831	the Health and Human Services Commission may determine that the
832	832	facility is ineligible for a Medicaid provider contract.
833	833	(e) The department shall deposit the reimbursement and
834	834	interest received under this section to the credit of the assisted
835	835	living facility trust fund under Section 242.0965.
836	836	(f) The attorney general shall institute an action to
837	837	collect money due under this section at the request of the
838	838	department. An action under this section must be brought in Travis
839	839	County or in the county in which the assisted living facility is
840	840	located.
841	841	Sec. 247.086. NOTIFICATION OF CLOSURE. (a) An assisted
842	842	living facility that is closing temporarily or permanently,
843	843	voluntarily or involuntarily, shall notify the residents of the
844	844	closing and make reasonable efforts to notify in writing each
845	845	resident's nearest relative or the person responsible for the
846	846	resident's support within a reasonable time before the facility
847	847	closes.
848	848	(b) If the department, local district attorney, county
849	849	attorney, city attorney, or a court orders an assisted living
850	850	facility to close and the closure is in any other way involuntary,
851	851	the facility shall make the notification, orally or in writing,
852	852	immediately on receiving notice.
853	853	Sec. 247.087. CRIMINAL PENALTY FOR FAILURE TO NOTIFY. (a)
854	854	An assisted living facility commits an offense if the facility
855	855	knowingly fails to comply with Section 247.086.
856	856	(b) An offense under this section is a Class A misdemeanor.
857	857	SECTION 16. Section 248.022(c), Health and Safety Code, is
858	858	amended to read as follows:
859	859	(c) Prior to the issuance of any department license, the
860	860	[The] department shall [may] require that an application be
861	861	approved by the local health authority or other local official for
862	862	compliance with municipal ordinances on building standards
863	863	[construction], fire safety [prevention], [and] sanitation, and
864	864	zoning and other ordinances relating to the public health and
865	865	safety.
866	866	SECTION 17. Section 248.025(b), Health and Safety Code, is
867	867	amended to read as follows:
868	868	(b) Each special care facility shall prominently and
869	869	conspicuously post for display in a public area of the special care
870	870	facility that is readily available to residents, employees, or
871	871	visitors:
872	872	(1) the license issued under this chapter;
873	873	(2) the name and address of the license holder;
874	874	(3) the name of the owner or owners, if different from
875	875	the information provided under Subdivision (2);
876	876	(4) the license expiration date;
877	877	(5) the types of services authorized to be provided
878	878	under the license;
879	879	(6) a sign prescribed by the department that specifies
880	880	complaint procedures established under this chapter or rules
881	881	adopted under this chapter and that specifies how complaints may be
882	882	registered with the department;
883	883	(7) a notice in a form prescribed by the department
884	884	stating that inspection and related reports are available at the
885	885	special care facilities for public inspection and providing the
886	886	department's toll-free number that may be used to obtain
887	887	information concerning the facility; and
888	888	(8) a concise summary of the most recent inspection
889	889	report relating to the facility [A special care facility shall post
890	890	in plain sight the license issued under this chapter].
891	891	SECTION 18. Section 248.028(a), Health and Safety Code, is
892	892	amended to read as follows:
893	893	(a) The department, local district attorney, county
894	894	attorney, or city attorney may inspect a special care facility and
895	895	its records annually or at reasonable times as necessary to ensure
896	896	compliance with this chapter and ensure compliance with municipal
897	897	ordinances on building standards, fire safety, sanitation, and
898	898	zoning and other municipal ordinances relating to the public health
899	899	and safety. A license holder or an applicant for a license is
900	900	considered to have consented to entry and inspection of the
901	901	facility by the department, local district attorney, county
902	902	attorney, or city attorney in accordance with this chapter.
903	903	SECTION 19. Subchapter C, Chapter 248, Health and Safety
904	904	Code, is amended by adding Sections 248.0525 and 248.0526 to read as
905	905	follows:
906	906	Sec. 248.0525. TEMPORARY RESTRAINING ORDER. The
907	907	department, local district attorney, county attorney, or city
908	908	attorney may petition a district court for a temporary restraining
909	909	order to restrain a continuing violation of the standards or
910	910	licensing requirements provided under this chapter or a violation
911	911	of a municipal ordinance if the department, local district
912	912	attorney, county attorney, or city attorney finds that:
913	913	(1) the violation creates an immediate threat to the
914	914	health and safety of the residents of the special care facility; or
915	915	(2) the facility is operating without a license.
916	916	Sec. 248.0526. MUNICIPAL ENFORCEMENT OF EMERGENCY CLOSURE.
917	917	The governing body of a municipality by ordinance may:
918	918	(1) prohibit a person who does not hold a license
919	919	issued under this chapter from establishing or operating a special
920	920	care facility within the municipality; and
921	921	(2) establish a procedure for emergency closure of a
922	922	facility under the following circumstances:
923	923	(A) the facility is established or operating in
924	924	violation of Section 248.021; and
925	925	(B) the continued operation of the facility
926	926	creates an immediate threat to the health and safety of a resident
927	927	of the facility.
928	928	SECTION 20. Section 248.053, Health and Safety Code, is
929	929	amended to read as follows:
930	930	Sec. 248.053. INJUNCTION. (a) The [department may request
931	931	that the] attorney general, local district attorney, county
932	932	attorney, or city attorney may petition a district court to
933	933	restrain a license holder or other person from continuing to
934	934	violate this chapter or any rule adopted by the board under this
935	935	chapter or by municipal ordinance. Venue for a suit for injunctive
936	936	relief is in Travis County or in the county in which the special
937	937	care facility is located.
938	938	(b) On application for injunctive relief and a finding that
939	939	a license holder or other person has violated this chapter, [or]
940	940	board rules, or a municipal ordinance, the district court shall
941	941	grant the injunctive relief that the facts warrant.
942	942	SECTION 21. Subchapter C, Chapter 248, Health and Safety
943	943	Code, is amended by adding Sections 248.056 through 248.064 to read
944	944	as follows:
945	945	Sec. 248.056. FINDINGS AND PURPOSE OF TRUSTEES FOR
946	946	FACILITIES. (a) The legislature finds that, under some
947	947	circumstances, closing a special care facility for violation of the
948	948	law or rule may:
949	949	(1) have an adverse effect on the special care
950	950	facility's residents and their families; and
951	951	(2) result in a lack of readily available financial
952	952	resources to meet the basic needs of the residents for food,
953	953	shelter, medication, and personal services.
954	954	(b) The purpose of the provisions of this chapter that
955	955	authorize the appointment of a trustee is to provide for:
956	956	(1) the appointment of a trustee to assume operations
957	957	of the special care facility in a manner that emphasizes resident
958	958	care and reduces resident trauma; and
959	959	(2) the use of a fund to assist a court-appointed
960	960	trustee with meeting the basic needs of the residents.
961	961	Sec. 248.057. TRUSTEE APPOINTMENT BY AGREEMENT. (a) A
962	962	person who holds controlling interest in a special care facility
963	963	may request the department to assume operation of the special care
964	964	facility through the appointment of a trustee.
965	965	(b) After receiving this request, the department may enter
966	966	into an agreement providing for the appointment of a trustee to take
967	967	charge of the special care facility under conditions both parties
968	968	consider appropriate if the department considers the appointment
969	969	desirable.
970	970	(c) An agreement under this section must:
971	971	(1) specify the terms and conditions of the trustee's
972	972	appointment and authority; and
973	973	(2) preserve the rights of the residents as granted by
974	974	law.
975	975	(d) The agreement terminates at the time:
976	976	(1) specified by the parties; or
977	977	(2) either party notifies the other in writing that
978	978	the party is terminating the appointment agreement.
979	979	Sec. 248.058. INVOLUNTARY APPOINTMENT OF TRUSTEE. (a) The
980	980	department may request the attorney general to bring an action on
981	981	behalf of the state, or the local district attorney, county
982	982	attorney, or city attorney may bring an action, for the appointment
983	983	of a trustee to operate a special care facility if:
984	984	(1) the facility is operating without a license;
985	985	(2) the department has suspended or revoked the
986	986	facility's license;
987	987	(3) license suspension or revocation procedures
988	988	against the facility are pending and the department determines that
989	989	an imminent threat to the health and safety of the residents exists;
990	990	(4) the department, local district attorney, county
991	991	attorney, or city attorney determines that an emergency exists that
992	992	presents an immediate threat to the health and safety of the
993	993	residents;
994	994	(5) the facility is closing and arrangements for
995	995	relocation of the residents to other licensed special care
996	996	facilities have not been made before closure; or
997	997	(6) the facility does not comply with municipal
998	998	ordinances on building standards, fire safety, sanitation, or
999	999	zoning or other ordinances that relate to the public health and
1000	1000	safety.
1001	1001	(b) A trustee appointed under Subsection (a)(5) has the
1002	1002	authority only to ensure an orderly and safe relocation of the
1003	1003	facility's residents as quickly as possible.
1004	1004	(c) After a hearing, a court shall appoint as trustee an
1005	1005	individual or entity whose background includes special care
1006	1006	facilities.
1007	1007	(d) An action under this section must be brought in Travis
1008	1008	County or the county in which the special care facility is located.
1009	1009	Sec. 248.059. TRUSTEE FEE AND RELEASE OF MONEY TO TRUSTEE.
1010	1010	(a) A trustee appointed by the court under this chapter is entitled
1011	1011	to a reasonable fee as determined by the court. In determining the
1012	1012	trustee's personal compensation for administration of the special
1013	1013	care facility, the court shall consider reasonable a rate that is
1014	1014	equal to 150 percent of the maximum allowable rate for an
1015	1015	owner-administrator of a special care facility under the state's
1016	1016	Medicaid reimbursement rules, if applicable, or another reasonable
1017	1017	rate determined by department rule. The court shall determine the
1018	1018	reasonableness of the trustee's personal compensation for other
1019	1019	duties. On the motion of any party, the court shall review the
1020	1020	reasonableness of the trustee's fees. The court shall reduce the
1021	1021	amount if the court determines that the fees are not reasonable.
1022	1022	(b) The trustee may petition the court to order the release
1023	1023	to the trustee of any payment owed the trustee for care and services
1024	1024	provided to the residents if the payment has been withheld,
1025	1025	including a payment withheld by the Health and Human Services
1026	1026	Commission.
1027	1027	(c) Payments withheld under Subsection (b) may include
1028	1028	payments withheld by a governmental agency or other entity during
1029	1029	the appointment of the trustee, including payments:
1030	1030	(1) for Medicaid or insurance;
1031	1031	(2) by a third party; or
1032	1032	(3) for medical expenses incurred by the residents.
1033	1033	Sec. 248.060. SPECIAL CARE FACILITY TRUST FUND AND
1034	1034	EMERGENCY ASSISTANCE FUNDS. (a) The special care facility fund is a
1035	1035	trust fund with the comptroller and shall be made available to the
1036	1036	department for expenditures without legislative appropriation to
1037	1037	make emergency assistance funds available to a special care
1038	1038	facility.
1039	1039	(b) A trustee of a special care facility may use the
1040	1040	emergency assistance funds only to alleviate an immediate threat to
1041	1041	the health and safety of the residents. The use may include payments
1042	1042	for:
1043	1043	(1) food;
1044	1044	(2) medication;
1045	1045	(3) sanitation services;
1046	1046	(4) minor repairs;
1047	1047	(5) supplies necessary for personal hygiene; and
1048	1048	(6) services necessary for the personal care, health,
1049	1049	and safety of the residents.
1050	1050	(c) A court may order the department to disburse emergency
1051	1051	assistance funds to a special care facility if the court finds that:
1052	1052	(1) the special care facility has inadequate funds
1053	1053	accessible to the trustee for the operation of the special care
1054	1054	facility;
1055	1055	(2) an emergency exists that presents an immediate
1056	1056	threat to the health and safety of the residents; and
1057	1057	(3) it is in the best interests of the health and
1058	1058	safety of the residents that funds are immediately available.
1059	1059	(d) The department shall disburse money from the special
1060	1060	care facility fund as ordered by the court in accordance with
1061	1061	department rules.
1062	1062	(e) Any unencumbered amount in the special care facility
1063	1063	fund that exceeds $500,000 at the end of each fiscal year shall be
1064	1064	transferred to the credit of the general revenue fund and may be
1065	1065	appropriated only to the department for the department's use in
1066	1066	administering and enforcing this chapter.
1067	1067	Sec. 248.061. ADDITIONAL LICENSE FEE. (a) In addition to
1068	1068	the license fee required by Section 248.022, the department shall
1069	1069	adopt an annual fee to be charged and collected if the amount of the
1070	1070	special care facility fund is less than $500,000. The fee shall be
1071	1071	deposited to the credit of the special care facility fund created by
1072	1072	this chapter.
1073	1073	(b) The department may charge and collect a fee under this
1074	1074	section more than once each year only if necessary to ensure that
1075	1075	the amount in the special care facility fund is sufficient to make
1076	1076	disbursements under Section 248.060.
1077	1077	(c) The department shall set the fee on the basis of the
1078	1078	number of beds in a special care facility required to pay the fee
1079	1079	and in an amount necessary to provide more than $500,000 in the
1080	1080	special care facility fund.
1081	1081	Sec. 248.062. REIMBURSEMENT. (a) A special care facility
1082	1082	that receives emergency assistance money or trustee fees under this
1083	1083	chapter shall reimburse the department for the amounts received,
1084	1084	including interest.
1085	1085	(b) Interest on unreimbursed amounts accrues from the date
1086	1086	on which the money is disbursed to the special care facility. The
1087	1087	rate of interest is the rate determined under Section 304.003,
1088	1088	Finance Code, to be applicable to judgments rendered during the
1089	1089	month in which the money is disbursed to the facility.
1090	1090	(c) The owner of the special care facility when the trustee
1091	1091	is appointed is responsible for the reimbursement.
1092	1092	(d) The amount that remains unreimbursed on the date of the
1093	1093	first anniversary on which the money is received is delinquent and
1094	1094	the Health and Human Services Commission may determine that the
1095	1095	facility is ineligible for a Medicaid provider contract.
1096	1096	(e) The department shall deposit the reimbursement and
1097	1097	interest received under this section to the credit of the special
1098	1098	care facility fund.
1099	1099	(f) The attorney general shall institute an action to
1100	1100	collect money due under this section at the request of the
1101	1101	department. An action under this section must be brought in Travis
1102	1102	County or in the county in which the special care facility is
1103	1103	located.
1104	1104	Sec. 248.063. NOTIFICATION OF CLOSURE. (a) A special care
1105	1105	facility that is closing temporarily or permanently, voluntarily or
1106	1106	involuntarily, shall notify the residents of the closing and make
1107	1107	reasonable efforts to notify in writing each resident's nearest
1108	1108	relative or the person responsible for the resident's support
1109	1109	within a reasonable time before the facility closes.
1110	1110	(b) If the department, local district attorney, county
1111	1111	attorney, city attorney, or a court orders a special care facility
1112	1112	to close and the closure is in any other way involuntary, the
1113	1113	facility shall make the notification, orally or in writing,
1114	1114	immediately on receiving notice.
1115	1115	Sec. 248.064. CRIMINAL PENALTY FOR FAILURE TO NOTIFY. (a) A
1116	1116	special care facility commits an offense if the facility knowingly
1117	1117	fails to comply with Section 248.063.
1118	1118	(b) An offense under this section is a Class A misdemeanor.
1119	1119	SECTION 22. Section 248.109(b), Health and Safety Code, is
1120	1120	amended to read as follows:
1121	1121	(b) The attorney general, local district attorney, county
1122	1122	attorney, or city attorney may sue to collect the penalty.
1123	1123	SECTION 23. Section 249.003, Health and Safety Code, is
1124	1124	amended by adding Subsection (e) to read as follows:
1125	1125	(e) The department shall require that an application be
1126	1126	approved by the local health authority or other local official for
1127	1127	compliance with municipal ordinances on building standards, fire
1128	1128	safety, sanitation, and zoning and other ordinances relating to the
1129	1129	public health and safety, prior to the issuance of any department
1130	1130	license.
1131	1131	SECTION 24. Chapter 249, Health and Safety Code, is amended
1132	1132	by adding Section 249.0031 to read as follows:
1133	1133	Sec. 249.0031. DISPLAY OF LICENSE. Each maternity home
1134	1134	shall prominently and conspicuously post for display in a public
1135	1135	area of the maternity home that is readily available to patients,
1136	1136	employees, or visitors:
1137	1137	(1) the license issued under this chapter;
1138	1138	(2) the name and address of the license holder;
1139	1139	(3) the name of the owner or owners, if different from
1140	1140	the information provided under Subdivision (2);
1141	1141	(4) the license expiration date;
1142	1142	(5) the types of services authorized to be provided
1143	1143	under the license;
1144	1144	(6) a sign prescribed by the department that specifies
1145	1145	complaint procedures established under this chapter or rules
1146	1146	adopted under this chapter and that specifies how complaints may be
1147	1147	registered with the department;
1148	1148	(7) a notice in a form prescribed by the department
1149	1149	stating that inspection and related reports are available at the
1150	1150	maternity home for public inspection and providing the department's
1151	1151	toll-free number that may be used to obtain information concerning
1152	1152	the facility; and
1153	1153	(8) a concise summary of the most recent inspection
1154	1154	report relating to the facility.
1155	1155	SECTION 25. Section 249.004, Health and Safety Code, is
1156	1156	amended to read as follows:
1157	1157	Sec. 249.004. INSPECTIONS. (a) The department, local
1158	1158	district attorney, county attorney, or city attorney may inspect a
1159	1159	maternity home annually or at reasonable times as necessary to
1160	1160	ensure [assure] compliance with this chapter and compliance with
1161	1161	municipal ordinances on building standards, fire safety,
1162	1162	sanitation, and zoning and other ordinances relating to public
1163	1163	health and safety.
1164	1164	(b) A license holder or a license applicant is considered to
1165	1165	have consented to entry and inspection of the maternity home by the
1166	1166	department, local district attorney, county attorney, or city
1167	1167	attorney in accordance with this chapter.
1168	1168	SECTION 26. Sections 249.010(a), (b), and (c), Health and
1169	1169	Safety Code, are amended to read as follows:
1170	1170	(a) The department, local district attorney, county
1171	1171	attorney, or city attorney may petition a district court for a
1172	1172	temporary restraining order to restrain a continuing violation of
1173	1173	the standards or licensing requirements provided under this chapter
1174	1174	or violation of a municipal ordinance if the department, local
1175	1175	district attorney, county attorney, or city attorney finds that the
1176	1176	violation creates an immediate threat to the health and safety of
1177	1177	the patients of a maternity home or the maternity home is operating
1178	1178	without a license.
1179	1179	(b) A district court, on petition of the department, local
1180	1180	district attorney, county attorney, or city attorney, and on a
1181	1181	finding by the court that a person is violating the standards or
1182	1182	licensing requirements provided under this chapter or violating a
1183	1183	municipal ordinance, may by injunction:
1184	1184	(1) prohibit a person from continuing a violation of
1185	1185	the standards or licensing requirements provided under this chapter
1186	1186	or by a municipal ordinance;
1187	1187	(2) restrain or prevent the establishment or operation
1188	1188	of a maternity home without a license issued under this chapter; or
1189	1189	(3) grant any other injunctive relief warranted by the
1190	1190	facts.
1191	1191	(c) The attorney general, local district attorney, county
1192	1192	attorney, or city attorney may [shall] institute and conduct a suit
1193	1193	authorized by this section [at the request of the department].
1194	1194	SECTION 27. Chapter 249, Health and Safety Code, is amended
1195	1195	by adding Sections 249.013 through 249.022 to read as follows:
1196	1196	Sec. 249.013. MUNICIPAL ENFORCEMENT OF EMERGENCY CLOSURE.
1197	1197	The governing body of a municipality by ordinance may:
1198	1198	(1) prohibit a person who does not hold a license
1199	1199	issued under this chapter from establishing or operating a
1200	1200	maternity home within the municipality; and
1201	1201	(2) establish a procedure for emergency closure of a
1202	1202	maternity home under the following circumstances:
1203	1203	(A) the maternity home is established or
1204	1204	operating in violation of Section 249.002; and
1205	1205	(B) the continued operation of the maternity home
1206	1206	creates an immediate threat to the health and safety of a resident
1207	1207	of the maternity home.
1208	1208	Sec. 249.014. FINDINGS AND PURPOSE OF TRUSTEES FOR
1209	1209	FACILITIES. (a) The legislature finds that, under some
1210	1210	circumstances, closing a maternity home for a violation of law or
1211	1211	rule may:
1212	1212	(1) have an adverse effect on the maternity home's
1213	1213	residents and their families; and
1214	1214	(2) result in a lack of readily available financial
1215	1215	resources to meet the basic needs of the residents for food,
1216	1216	shelter, medication, and personal services.
1217	1217	(b) The purpose of the provisions of this chapter
1218	1218	authorizing appointment of a trustee is to provide for:
1219	1219	(1) the appointment of a trustee to assume operations
1220	1220	of the maternity home in a manner that emphasizes patient care and
1221	1221	reduces resident trauma; and
1222	1222	(2) the use of a fund to assist a court-appointed
1223	1223	trustee in meeting the basic needs of the patients.
1224	1224	Sec. 249.015. TRUSTEE APPOINTMENT BY AGREEMENT. (a) A
1225	1225	person who holds controlling interest in a maternity home may
1226	1226	request the department to assume operation of the maternity home
1227	1227	through the appointment of a trustee.
1228	1228	(b) After receiving this request, the department may enter
1229	1229	into an agreement providing for the appointment of a trustee to take
1230	1230	charge of the maternity home under conditions both parties consider
1231	1231	appropriate if the department considers the appointment desirable.
1232	1232	(c) An agreement under this section must:
1233	1233	(1) specify the terms and conditions of the trustee's
1234	1234	appointment and authority; and
1235	1235	(2) preserve the rights of the patients as granted by
1236	1236	law.
1237	1237	(d) The agreement terminates at the time:
1238	1238	(1) specified by the parties; or
1239	1239	(2) either party notifies the other in writing that
1240	1240	the party is terminating the appointment agreement.
1241	1241	Sec. 249.016. INVOLUNTARY APPOINTMENT. (a) The department
1242	1242	may request the attorney general to bring an action on behalf of the
1243	1243	state, or the local district attorney, county attorney, or city
1244	1244	attorney may bring an action, for the appointment of a trustee to
1245	1245	operate a maternity home if:
1246	1246	(1) the maternity home is operating without a license;
1247	1247	(2) the department has suspended or revoked the
1248	1248	maternity home's license;
1249	1249	(3) license suspension or revocation procedures
1250	1250	against the maternity home are pending and the department
1251	1251	determines that an imminent threat to the health and safety of the
1252	1252	patients exists;
1253	1253	(4) the department, local district attorney, county
1254	1254	attorney, or city attorney determines that an emergency exists that
1255	1255	presents an immediate threat to the health and safety of the
1256	1256	patients;
1257	1257	(5) the maternity home is closing and arrangements for
1258	1258	relocation of the patients to other licensed maternity homes have
1259	1259	not been made before closure; or
1260	1260	(6) the maternity home does not comply with municipal
1261	1261	ordinances on building standards, fire safety, sanitation, or
1262	1262	zoning or other ordinances that relate to the public health and
1263	1263	safety.
1264	1264	(b) A trustee appointed under Subsection (a)(5) has the
1265	1265	authority only to ensure an orderly and safe relocation of the
1266	1266	maternity home's patients as quickly as possible.
1267	1267	(c) After a hearing, a court shall appoint as trustee an
1268	1268	individual whose background includes maternity services.
1269	1269	(d) An action under this section must be brought in Travis
1270	1270	County or the county in which the maternity home is located.
1271	1271	Sec. 249.017. TRUSTEE FEE AND RELEASE OF MONEY TO TRUSTEE.
1272	1272	(a) A trustee appointed by the court under this chapter is entitled
1273	1273	to a reasonable fee as determined by the court. In determining the
1274	1274	trustee's personal compensation for administration of a maternity
1275	1275	home, the court shall consider reasonable a rate that is equal to
1276	1276	150 percent of the maximum allowable rate for an
1277	1277	owner-administrator of a maternity home under the state's Medicaid
1278	1278	reimbursement rules, if applicable, or another reasonable rate
1279	1279	determined by department rule. The court shall determine the
1280	1280	reasonableness of the trustee's personal compensation for other
1281	1281	duties. On the motion of any party, the court shall review the
1282	1282	reasonableness of the trustee's fees. The court shall reduce the
1283	1283	amount if the court determines that the fees are not reasonable.
1284	1284	(b) The trustee may petition the court to order the release
1285	1285	to the trustee of any payment owed the trustee for care and services
1286	1286	provided to the patients if the payment has been withheld,
1287	1287	including a payment withheld by the Health and Human Services
1288	1288	Commission.
1289	1289	(c) Payments withheld under Subsection (b) may include
1290	1290	payments withheld by a governmental agency or other entity during
1291	1291	the appointment of the trustee, such as payments:
1292	1292	(1) for Medicaid or insurance;
1293	1293	(2) by a third party; or
1294	1294	(3) for medical expenses incurred by the patients.
1295	1295	Sec. 249.018. MATERNITY HOME TRUST FUND AND EMERGENCY
1296	1296	ASSISTANCE FUND. (a) The maternity home fund is a trust fund with
1297	1297	the comptroller and shall be made available to the department for
1298	1298	expenditures without legislative appropriation to make emergency
1299	1299	assistance funds available to a maternity home.
1300	1300	(b) A trustee of a maternity home may use the emergency
1301	1301	assistance funds only to alleviate an immediate threat to the
1302	1302	health and safety of the patients. The use may include payments
1303	1303	for:
1304	1304	(1) food;
1305	1305	(2) medication;
1306	1306	(3) sanitation services;
1307	1307	(4) minor repairs;
1308	1308	(5) supplies necessary for personal hygiene; and
1309	1309	(6) services necessary for the personal care, health,
1310	1310	and safety of the patients.
1311	1311	(c) A court may order the department to disburse emergency
1312	1312	assistance funds to a maternity home if the court finds that:
1313	1313	(1) the maternity home has inadequate funds accessible
1314	1314	to the trustee for the operation of the maternity home;
1315	1315	(2) an emergency exists that presents an immediate
1316	1316	threat to the health and safety of the patients; and
1317	1317	(3) it is in the best interests of the health and
1318	1318	safety of the patients that funds are immediately available.
1319	1319	(d) The department shall disburse money from the maternity
1320	1320	home fund as ordered by the court in accordance with department
1321	1321	rules.
1322	1322	(e) Any unencumbered amount in the maternity home fund that
1323	1323	exceeds $500,000 at the end of each fiscal year shall be transferred
1324	1324	to the credit of the general revenue fund and may be appropriated
1325	1325	only to the department for the department's use in administering
1326	1326	and enforcing this chapter.
1327	1327	Sec. 249.019. ADDITIONAL LICENSE FEE. (a) In addition to
1328	1328	the license fee required by Section 249.003, the department shall
1329	1329	adopt an annual fee to be charged and collected if the amount of the
1330	1330	maternity home fund is less than $500,000. The fee shall be
1331	1331	deposited to the credit of the maternity home fund created by this
1332	1332	chapter.
1333	1333	(b) The department may charge and collect a fee under this
1334	1334	section more than once each year only if necessary to ensure that
1335	1335	the amount in the maternity home fund is sufficient to make
1336	1336	disbursements under Section 249.018.
1337	1337	(c) The department shall set the fee on the basis of the
1338	1338	number of beds in a maternity home required to pay the fee and in an
1339	1339	amount necessary to provide more than $500,000 in the maternity
1340	1340	home fund.
1341	1341	Sec. 249.020. REIMBURSEMENT. (a) A maternity home that
1342	1342	receives emergency assistance money or trustee fees under this
1343	1343	chapter shall reimburse the department for the amounts received,
1344	1344	including interest.
1345	1345	(b) Interest on unreimbursed amounts accrues from the date
1346	1346	on which the money is disbursed to the maternity home. The rate of
1347	1347	interest is the rate determined under Section 304.003, Finance
1348	1348	Code, to be applicable to judgments rendered during the month in
1349	1349	which the money is disbursed to the maternity home.
1350	1350	(c) The owner of the maternity home when the trustee is
1351	1351	appointed is responsible for the reimbursement.
1352	1352	(d) The amount that remains unreimbursed on the date of the
1353	1353	first anniversary on which the money is received is delinquent and
1354	1354	the Health and Human Services Commission may determine that the
1355	1355	maternity home is ineligible for a Medicaid provider contract.
1356	1356	(e) The department shall deposit the reimbursement and
1357	1357	interest received under this section to the credit of the maternity
1358	1358	home fund.
1359	1359	(f) The attorney general shall institute an action to
1360	1360	collect money due under this section at the request of the
1361	1361	department. An action under this section must be brought in Travis
1362	1362	County or in the county in which the maternity home is located.
1363	1363	Sec. 249.021. NOTIFICATION OF CLOSURE. (a) A maternity
1364	1364	home that is closing temporarily or permanently, voluntarily or
1365	1365	involuntarily, shall notify the patients of the closing and make
1366	1366	reasonable efforts to notify in writing each patient's nearest
1367	1367	relative or the person responsible for the patient's support within
1368	1368	a reasonable time before the home closes.
1369	1369	(b) If the department, local district attorney, county
1370	1370	attorney, city attorney, or a court orders a maternity home to close
1371	1371	and the closure is in any other way involuntary, the maternity home
1372	1372	shall make the notification, orally or in writing, immediately on
1373	1373	receiving notice.
1374	1374	Sec. 249.022. CRIMINAL PENALTY FOR FAILURE TO NOTIFY. (a)
1375	1375	A maternity home commits an offense if the home knowingly fails to
1376	1376	comply with Section 249.021.
1377	1377	(b) An offense under this section is a Class A misdemeanor.
1378	1378	SECTION 28. Section 252.032, Health and Safety Code, is
1379	1379	amended by adding Subsection (c) to read as follows:
1380	1380	(c) The department shall require that an application be
1381	1381	approved by the local health authority or other local official for
1382	1382	compliance with municipal ordinances on building standards, fire
1383	1383	safety, sanitation, and zoning and other ordinances relating to the
1384	1384	public health and safety, prior to the issuance of any department
1385	1385	license.
1386	1386	SECTION 29. Subchapter B, Chapter 252, Health and Safety
1387	1387	Code, is amended by adding Section 252.0335 to read as follows:
1388	1388	Sec. 252.0335. DISPLAY OF LICENSE. A license issued under
1389	1389	this chapter shall be displayed in a conspicuous place in the
1390	1390	intermediate care facility for the mentally retarded and must show:
1391	1391	(1) the license issued under this chapter;
1392	1392	(2) the name and address of the license holder;
1393	1393	(3) the name of the owner or owners, if different from
1394	1394	the information provided under Subdivision (2);
1395	1395	(4) the license expiration date;
1396	1396	(5) the types of services authorized to be provided
1397	1397	under the license;
1398	1398	(6) a sign prescribed by the department that specifies
1399	1399	complaint procedures established by this chapter or rules adopted
1400	1400	under this chapter and that specifies how complaints may be
1401	1401	registered with the department;
1402	1402	(7) a notice in a form prescribed by the department
1403	1403	stating that inspection and related reports are available at the
1404	1404	facility for public inspection and providing the department's
1405	1405	toll-free number that may be used to obtain information concerning
1406	1406	the facility; and
1407	1407	(8) a concise summary of the most recent inspection
1408	1408	report relating to the services.
1409	1409	SECTION 30. Sections 252.040(a) and (c), Health and Safety
1410	1410	Code, are amended to read as follows:
1411	1411	(a) The department or the department's designee may make any
1412	1412	inspection, survey, or investigation that it considers necessary
1413	1413	and may enter the premises of a facility at reasonable times to make
1414	1414	an inspection, survey, or investigation in accordance with board
1415	1415	rules. A local official may inspect an intermediate care facility
1416	1416	for compliance with municipal ordinances on building standards,
1417	1417	fire safety, sanitation, and zoning and other ordinances relating
1418	1418	to public health and safety.
1419	1419	(c) A license holder or an applicant for a license is
1420	1420	considered to have consented to entry and inspection of the
1421	1421	facility by a representative of the department or a local official
1422	1422	in accordance with this chapter.
1423	1423	SECTION 31. Subchapter C, Chapter 252, Health and Safety
1424	1424	Code, is amended by adding Section 252.0615 to read as follows:
1425	1425	Sec. 252.0615. MUNICIPAL ENFORCEMENT OF EMERGENCY CLOSURE.
1426	1426	The governing body of a municipality by ordinance may:
1427	1427	(1) prohibit a person who does not hold a license under
1428	1428	this chapter from establishing or operating an intermediate care
1429	1429	facility for the mentally retarded within the municipality; and
1430	1430	(2) establish a procedure for emergency closure of the
1431	1431	intermediate care facility for the mentally retarded under the
1432	1432	following circumstances:
1433	1433	(A) the facility is established or operating in
1434	1434	violation of Section 252.031; and
1435	1435	(B) the continued operation of the facility
1436	1436	creates an immediate threat to the health and safety of a resident
1437	1437	of the facility.
1438	1438	SECTION 32. Sections 252.062(a), (b), and (c), Health and
1439	1439	Safety Code, are amended to read as follows:
1440	1440	(a) The department, the local district attorney, county
1441	1441	attorney, or city attorney may petition a district court for a
1442	1442	temporary restraining order to restrain a person from continuing a
1443	1443	violation of the standards prescribed by this chapter or a
1444	1444	violation of a municipal ordinance if the department, the local
1445	1445	district attorney, county attorney, or city attorney finds that the
1446	1446	violation creates an immediate threat to the health and safety of
1447	1447	the facility's residents.
1448	1448	(b) A district court, on petition of the department, local
1449	1449	district attorney, county attorney, or city attorney, may by
1450	1450	injunction:
1451	1451	(1) prohibit a person from continuing a violation of
1452	1452	the standards or licensing requirements prescribed by this chapter
1453	1453	or by a municipal ordinance;
1454	1454	(2) restrain or prevent the establishment, conduct,
1455	1455	management, or operation of a facility without a license issued
1456	1456	under this chapter; or
1457	1457	(3) grant the injunctive relief warranted by the facts
1458	1458	on a finding by the court that a person is violating the standards
1459	1459	or licensing requirements prescribed by this chapter or by a
1460	1460	municipal ordinance.
1461	1461	(c) The attorney general, local district attorney, county
1462	1462	attorney, or city attorney may [on request by the department,
1463	1463	shall] bring [and conduct on behalf of the state] a suit authorized
1464	1464	by this section.
1465	1465	SECTION 33. Section 252.070, Health and Safety Code, is
1466	1466	amended to read as follows:
1467	1467	Sec. 252.070. EXPENSES AND COSTS FOR COLLECTION OF CIVIL OR
1468	1468	ADMINISTRATIVE PENALTY. (a) If the attorney general, local
1469	1469	district attorney, county attorney, or city attorney brings an
1470	1470	action against a person under Section 252.062 or 252.064 or to
1471	1471	enforce an administrative penalty assessed under Section 252.065
1472	1472	and an injunction is granted against the person or the person is
1473	1473	found liable for a civil or administrative penalty, the attorney
1474	1474	general, local district attorney, county attorney, or city attorney
1475	1475	may recover, on behalf of state or local government, as applicable
1476	1476	[the attorney general and the department], reasonable expenses and
1477	1477	costs.
1478	1478	(b) For purposes of this section, reasonable expenses and
1479	1479	costs include expenses incurred by the department and the attorney
1480	1480	general, local district attorney, county attorney, or city attorney
1481	1481	in the investigation, initiation, and prosecution of an action,
1482	1482	including reasonable investigative costs, attorney's fees, witness
1483	1483	fees, and deposition expenses.
1484	1484	SECTION 34. Section 252.093(a), Health and Safety Code, is
1485	1485	amended to read as follows:
1486	1486	(a) The department may request the attorney general to bring
1487	1487	an action on behalf of the state, or the local district attorney,
1488	1488	county attorney, or city attorney may bring an action, for the
1489	1489	appointment of a trustee to operate a facility if:
1490	1490	(1) the facility is operating without a license;
1491	1491	(2) the department has suspended or revoked the
1492	1492	facility's license;
1493	1493	(3) license suspension or revocation procedures
1494	1494	against the facility are pending and the department determines that
1495	1495	an imminent threat to the health and safety of the residents exists;
1496	1496	(4) the department, local district attorney, county
1497	1497	attorney, or city attorney determines that an emergency exists that
1498	1498	presents an immediate threat to the health and safety of the
1499	1499	residents; or
1500	1500	(5) the facility is closing and arrangements for
1501	1501	relocation of the residents to other licensed facilities have not
1502	1502	been made before closure.
1503	1503	SECTION 35. Section 252.094(a), Health and Safety Code, is
1504	1504	amended to read as follows:
1505	1505	(a) A trustee appointed under this subchapter is entitled to
1506	1506	a reasonable fee as determined by the court. In determining the
1507	1507	trustee's personal compensation for administration of the
1508	1508	intermediate care facility for the mentally retarded, the court
1509	1509	shall consider reasonable a rate that is equal to 150 percent of the
1510	1510	maximum allowable rate for an owner-administrator of a facility
1511	1511	under the state's Medicaid reimbursement rules, if applicable, or a
1512	1512	reasonable rate determined under department rule. The court shall
1513	1513	determine the reasonableness of the trustee's personal
1514	1514	compensation for other duties. On the motion of any party, the
1515	1515	court shall review the reasonableness of the trustee's fees. The
1516	1516	court shall reduce the amount if the court determines that the fees
1517	1517	are not reasonable.
1518	1518	SECTION 36. Section 252.097(b), Health and Safety Code, is
1519	1519	amended to read as follows:
1520	1520	(b) If the department, local district attorney, county
1521	1521	attorney, city attorney, or a court orders a facility to close or
1522	1522	the facility's closure is in any other way involuntary, the
1523	1523	facility shall make the notification, orally or in writing,
1524	1524	immediately on receiving notice of the closing.
1525	1525	SECTION 37. This Act takes effect immediately if it
1526	1526	receives a vote of two-thirds of all the members elected to each
1527	1527	house, as provided by Section 39, Article III, Texas Constitution.
1528	1528	If this Act does not receive the vote necessary for immediate
1529	1529	effect, this Act takes effect September 1, 2009.