85R14600 JG-D
By: Bohac H.B. No. 4137
A BILL TO BE ENTITLED
AN ACT
relating to the availability of parking spaces at certain
facilities for persons with a disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle A, Title 4, Health and
Safety Code, is amended to read as follows:
SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING
HEALTH FACILITIES AND PREMISES
SECTION 2. Subtitle A, Title 4, Health and Safety Code, is
amended by adding Chapter 226 to read as follows:
CHAPTER 226. PARKING AT CERTAIN HEALTH FACILITIES SERVING PERSONS
WITH A DISABILITY
Sec. 226.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Department" means the Department of State Health
Services.
(3) "Executive commissioner" means the executive
commissioner of the commission.
Sec. 226.002. AVAILABILITY OF PARKING. The executive
commission by rule shall require each facility that provides
rehabilitation or physical therapy services or a division of a
hospital that provides outpatient services to have a sufficient
number of van-accessible parking spaces. A facility or division of
a hospital may provide van-accessible parking spaces that are
angled or that share access aisles with other parking spaces.
Sec. 226.003. ADMINISTRATIVE PENALTY. (a) The commission
or department, as applicable, may impose an administrative penalty
against a facility that provides rehabilitation or physical therapy
services or a hospital that violates this chapter or a rule adopted
under this chapter.
(b) The penalty imposed under this section must be in an
amount not to exceed $1,000. Each day of a continuing violation is
a separate violation.
(c) In determining the amount of the penalty imposed under
this section, the commission or department, as applicable, shall
consider:
(1) any previous violations by the facility or
hospital;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of patients of
the facility or hospital;
(4) the demonstrated good faith of a facility or
hospital in complying with this chapter or a rule adopted under this
chapter; and
(5) any other matter as justice may require.
(d) The enforcement of the penalty may be stayed during the
time the order is under judicial review if the person pays the
penalty to the clerk of the court or files a supersedeas bond with
the court in the amount of the penalty. A person who cannot afford
to pay the penalty or file the bond may stay the enforcement by
filing an affidavit in the manner required by the Texas Rules of
Civil Procedure for a party who cannot afford to file security for
costs, subject to the right of the board to contest the affidavit as
provided by those rules.
(e) The attorney general may sue to collect the penalty and
recover the reasonable expenses and costs incurred in collection of
the penalty.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement the
changes in law made by this Act.
SECTION 4. This Act takes effect September 1, 2017.