Texas 2023 - 88th Regular

Texas Senate Bill SB2474 Latest Draft

Bill / Enrolled Version Filed 05/24/2023

                            S.B. No. 2474


 AN ACT
 relating to civil and administrative penalties assessed for
 violations of statutes or rules governing chemical dependency
 treatment facilities.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 464.017(a), Health and Safety Code, is
 amended to read as follows:
 (a)  A person or facility is subject to a civil penalty of not
 more than $25,000 for each day of violation and for each act of
 violation of this subchapter or a rule adopted under this
 subchapter.  In determining the amount of the civil penalty, the
 court shall consider:
 (1)  the person's or facility's previous violations;
 (2)  the seriousness of the violation, including the
 nature, circumstances, extent, and gravity of the violation;
 (3)  whether the health and safety of the public was
 threatened by the violation;
 (4)  the demonstrated good faith of the person or
 facility; [and]
 (5)  the amount necessary to deter future violations;
 (6)  the person's or facility's ability to pay the
 penalty; and
 (7)  if the person's or facility's license is not
 revoked under Section 464.014 because of the violation, the ability
 of the person or facility to continue providing services under this
 chapter after paying the penalty.
 SECTION 2.  Sections 464.019(c) and (s), Health and Safety
 Code, are amended to read as follows:
 (c)  The amount of the penalty shall be based on:
 (1)  the seriousness of the violation, including the
 nature, circumstances, extent, and gravity of any prohibited acts,
 and the hazard or potential hazard created to the health, safety, or
 economic welfare of the public;
 (2)  enforcement costs relating to the violation;
 (3)  the history of previous violations;
 (4)  the amount necessary to deter future violations;
 (5)  efforts to correct the violation; [and]
 (6)  the person's ability to pay the penalty;
 (7)  if the person's license is not revoked under
 Section 464.014 because of the violation, the person's ability to
 continue providing services under this chapter after paying the
 penalty;
 (8)  the degree of the person's culpability in causing
 the violation; and
 (9)  any other matter that justice may require.
 (s)  The commission shall post on the commission's Internet
 website current administrative penalty schedules applicable to a
 person licensed or regulated under this chapter.  The commission
 shall ensure that the administrative penalties listed in the posted
 schedules are accurate.  The administrative penalty schedules must
 be based on a consideration of the economic impact of a penalty
 assessed against a person licensed or regulated under this chapter
 and the factors described by Subsection (c).
 SECTION 3.  The changes in law made by this Act apply only to
 a violation that occurs on or after the effective date of this Act.
 A violation that occurred before the effective date of this Act is
 governed by the law in effect when the violation occurred, and the
 former law is continued in effect for that purpose.
 SECTION 4.  This Act takes effect September 1, 2023.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 2474 passed the Senate on
 April 27, 2023, by the following vote:  Yeas 30, Nays 1.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 2474 passed the House on
 May 23, 2023, by the following vote:  Yeas 140, Nays 0,
 one present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor