Texas 2017 - 85th Regular

Texas House Bill HB4137 Compare Versions

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

Old	New	Differences
1	1	85R14600 JG-D
2	2	By: Bohac H.B. No. 4137
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the availability of parking spaces at certain
8	8	facilities for persons with a disability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subtitle A, Title 4, Health and
11	11	Safety Code, is amended to read as follows:
12	12	SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING
13	13	HEALTH FACILITIES AND PREMISES
14	14	SECTION 2. Subtitle A, Title 4, Health and Safety Code, is
15	15	amended by adding Chapter 226 to read as follows:
16	16	CHAPTER 226. PARKING AT CERTAIN HEALTH FACILITIES SERVING PERSONS
17	17	WITH A DISABILITY
18	18	Sec. 226.001. DEFINITIONS. In this chapter:
19	19	(1) "Commission" means the Health and Human Services
20	20	Commission.
21	21	(2) "Department" means the Department of State Health
22	22	Services.
23	23	(3) "Executive commissioner" means the executive
24	24	commissioner of the commission.
25	25	Sec. 226.002. AVAILABILITY OF PARKING. The executive
26	26	commission by rule shall require each facility that provides
27	27	rehabilitation or physical therapy services or a division of a
28	28	hospital that provides outpatient services to have a sufficient
29	29	number of van-accessible parking spaces. A facility or division of
30	30	a hospital may provide van-accessible parking spaces that are
31	31	angled or that share access aisles with other parking spaces.
32	32	Sec. 226.003. ADMINISTRATIVE PENALTY. (a) The commission
33	33	or department, as applicable, may impose an administrative penalty
34	34	against a facility that provides rehabilitation or physical therapy
35	35	services or a hospital that violates this chapter or a rule adopted
36	36	under this chapter.
37	37	(b) The penalty imposed under this section must be in an
38	38	amount not to exceed $1,000. Each day of a continuing violation is
39	39	a separate violation.
40	40	(c) In determining the amount of the penalty imposed under
41	41	this section, the commission or department, as applicable, shall
42	42	consider:
43	43	(1) any previous violations by the facility or
44	44	hospital;
45	45	(2) the seriousness of the violation;
46	46	(3) any hazard to the health and safety of patients of
47	47	the facility or hospital;
48	48	(4) the demonstrated good faith of a facility or
49	49	hospital in complying with this chapter or a rule adopted under this
50	50	chapter; and
51	51	(5) any other matter as justice may require.
52	52	(d) The enforcement of the penalty may be stayed during the
53	53	time the order is under judicial review if the person pays the
54	54	penalty to the clerk of the court or files a supersedeas bond with
55	55	the court in the amount of the penalty. A person who cannot afford
56	56	to pay the penalty or file the bond may stay the enforcement by
57	57	filing an affidavit in the manner required by the Texas Rules of
58	58	Civil Procedure for a party who cannot afford to file security for
59	59	costs, subject to the right of the board to contest the affidavit as
60	60	provided by those rules.
61	61	(e) The attorney general may sue to collect the penalty and
62	62	recover the reasonable expenses and costs incurred in collection of
63	63	the penalty.
64	64	SECTION 3. As soon as practicable after the effective date
65	65	of this Act, the executive commissioner of the Health and Human
66	66	Services Commission shall adopt rules necessary to implement the
67	67	changes in law made by this Act.
68	68	SECTION 4. This Act takes effect September 1, 2017.