86R13945 SRA-F
By: Davis of Dallas H.B. No. 4057
A BILL TO BE ENTITLED
AN ACT
relating to the amount of an administrative penalty that may be
assessed against an assisted living facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 247.0451(b), Health and Safety Code, is
amended to read as follows:
(b) Except as provided by Section 247.0452(c), the penalty
may not exceed:
(1) $5,000 for each violation committed by or in
relation to an assisted living facility with at least 17 beds that:
(A) represents a pattern of violation that
results in actual harm or is widespread in scope and results in
actual harm; or
(B) constitutes an immediate threat to the health
or safety of a resident;
(2) $1,000 for each violation committed by or in
relation to an assisted living facility with fewer than 17 beds
that:
(A) represents a pattern of violation that
results in actual harm or is widespread in scope and results in
actual harm; or
(B) constitutes an immediate threat to the health
or safety of a resident; or
(3) [(2)] $1,000 for each other violation.
SECTION 2. The change in law made by this Act applies only
to an administrative penalty for which notice of violation under
Section 247.0453(c), Health and Safety Code, is given on or after
the effective date of this Act. An administrative penalty for which
notice of violation under Section 247.0453(c), Health and Safety
Code, is given before the effective date of this Act is governed by
the law as it existed immediately before that date, and that law is
continued in effect for this purpose.
SECTION 3. This Act takes effect September 1, 2019.