86R4632 JG-D
By: Bohac H.B. No. 3994
A BILL TO BE ENTITLED
AN ACT
relating to the availability of parking spaces at certain health
facilities for persons with a disability; providing an
administrative penalty.
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 DISABILITY
Sec. 226.0001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the commission.
(3) "Health facility" means a facility licensed by the
commission under this title.
Sec. 226.0002. AVAILABILITY OF PARKING. The executive
commissioner by rule shall require each health facility that
provides rehabilitation or physical therapy services, including a
hospital that provides outpatient services, to have a sufficient
number of van-accessible parking spaces. A health facility may
provide van-accessible parking spaces that are angled or that share
access aisles with other parking spaces.
Sec. 226.0003. ADMINISTRATIVE PENALTY. (a) The commission
may impose an administrative penalty against a health facility that
violates this chapter or a rule adopted under this chapter in the
same manner the commission imposes an administrative penalty
against the facility for a violation of this title or rules adopted
under this title.
(b) The penalty imposed under this section may not 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 shall consider:
(1) any previous violations by the health facility;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of patients of
the facility;
(4) the demonstrated good faith of the facility 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 health facility 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 commission 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 collecting
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, 2019.