Texas 2019 - 86th Regular

Texas House Bill HB3994 Compare Versions

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

Old	New	Differences
1	1	86R4632 JG-D
2	2	By: Bohac H.B. No. 3994
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 health
8	8	facilities for persons with a disability; providing an
9	9	administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subtitle A, Title 4, Health and
12	12	Safety Code, is amended to read as follows:
13	13	SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING
14	14	HEALTH FACILITIES AND PREMISES
15	15	SECTION 2. Subtitle A, Title 4, Health and Safety Code, is
16	16	amended by adding Chapter 226 to read as follows:
17	17	CHAPTER 226. PARKING AT CERTAIN HEALTH FACILITIES SERVING PERSONS
18	18	WITH DISABILITY
19	19	Sec. 226.0001. DEFINITIONS. In this chapter:
20	20	(1) "Commission" means the Health and Human Services
21	21	Commission.
22	22	(2) "Executive commissioner" means the executive
23	23	commissioner of the commission.
24	24	(3) "Health facility" means a facility licensed by the
25	25	commission under this title.
26	26	Sec. 226.0002. AVAILABILITY OF PARKING. The executive
27	27	commissioner by rule shall require each health facility that
28	28	provides rehabilitation or physical therapy services, including a
29	29	hospital that provides outpatient services, to have a sufficient
30	30	number of van-accessible parking spaces. A health facility may
31	31	provide van-accessible parking spaces that are angled or that share
32	32	access aisles with other parking spaces.
33	33	Sec. 226.0003. ADMINISTRATIVE PENALTY. (a) The commission
34	34	may impose an administrative penalty against a health facility that
35	35	violates this chapter or a rule adopted under this chapter in the
36	36	same manner the commission imposes an administrative penalty
37	37	against the facility for a violation of this title or rules adopted
38	38	under this title.
39	39	(b) The penalty imposed under this section may not exceed
40	40	$1,000. Each day of a continuing violation is a separate violation.
41	41	(c) In determining the amount of the penalty imposed under
42	42	this section, the commission shall consider:
43	43	(1) any previous violations by the health facility;
44	44	(2) the seriousness of the violation;
45	45	(3) any hazard to the health and safety of patients of
46	46	the facility;
47	47	(4) the demonstrated good faith of the facility in
48	48	complying with this chapter or a rule adopted under this chapter;
49	49	and
50	50	(5) any other matter as justice may require.
51	51	(d) The enforcement of the penalty may be stayed during the
52	52	time the order is under judicial review if the health facility pays
53	53	the penalty to the clerk of the court or files a supersedeas bond
54	54	with the court in the amount of the penalty. A person who cannot
55	55	afford to pay the penalty or file the bond may stay the enforcement
56	56	by filing an affidavit in the manner required by the Texas Rules of
57	57	Civil Procedure for a party who cannot afford to file security for
58	58	costs, subject to the right of the commission to contest the
59	59	affidavit as provided by those rules.
60	60	(e) The attorney general may sue to collect the penalty and
61	61	recover the reasonable expenses and costs incurred in collecting
62	62	the penalty.
63	63	SECTION 3. As soon as practicable after the effective date
64	64	of this Act, the executive commissioner of the Health and Human
65	65	Services Commission shall adopt rules necessary to implement the
66	66	changes in law made by this Act.
67	67	SECTION 4. This Act takes effect September 1, 2019.