| 1 | 1 | | 88S30030 MPF-F |
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| 2 | 2 | | By: Hinojosa S.B. No. 44 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to civil and administrative penalties assessed for |
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| 8 | 8 | | violations of statutes or rules governing chemical dependency |
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| 9 | 9 | | treatment facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 464.017(a), Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) A person or facility is subject to a civil penalty of not |
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| 14 | 14 | | more than $25,000 for each day of violation and for each act of |
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| 15 | 15 | | violation of this subchapter or a rule adopted under this |
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| 16 | 16 | | subchapter. In determining the amount of the civil penalty, the |
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| 17 | 17 | | court shall consider: |
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| 18 | 18 | | (1) the person's or facility's previous violations; |
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| 19 | 19 | | (2) the seriousness of the violation, including the |
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| 20 | 20 | | nature, circumstances, extent, and gravity of the violation; |
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| 21 | 21 | | (3) whether the health and safety of the public was |
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| 22 | 22 | | threatened by the violation; |
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| 23 | 23 | | (4) the demonstrated good faith of the person or |
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| 24 | 24 | | facility; [and] |
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| 25 | 25 | | (5) the amount necessary to deter future violations; |
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| 26 | 26 | | (6) the person's or facility's ability to pay the |
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| 27 | 27 | | penalty; and |
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| 28 | 28 | | (7) if the person's or facility's license is not |
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| 29 | 29 | | revoked under Section 464.014 because of the violation, the ability |
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| 30 | 30 | | of the person or facility to continue providing services under this |
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| 31 | 31 | | chapter after paying the penalty. |
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| 32 | 32 | | SECTION 2. Sections 464.019(c) and (s), Health and Safety |
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| 33 | 33 | | Code, are amended to read as follows: |
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| 34 | 34 | | (c) The amount of the penalty shall be based on: |
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| 35 | 35 | | (1) the seriousness of the violation, including the |
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| 36 | 36 | | nature, circumstances, extent, and gravity of any prohibited acts, |
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| 37 | 37 | | and the hazard or potential hazard created to the health, safety, or |
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| 38 | 38 | | economic welfare of the public; |
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| 39 | 39 | | (2) enforcement costs relating to the violation; |
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| 40 | 40 | | (3) the history of previous violations; |
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| 41 | 41 | | (4) the amount necessary to deter future violations; |
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| 42 | 42 | | (5) efforts to correct the violation; [and] |
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| 43 | 43 | | (6) the person's ability to pay the penalty; |
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| 44 | 44 | | (7) if the person's license is not revoked under |
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| 45 | 45 | | Section 464.014 because of the violation, the person's ability to |
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| 46 | 46 | | continue providing services under this chapter after paying the |
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| 47 | 47 | | penalty; |
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| 48 | 48 | | (8) the degree of the person's culpability in causing |
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| 49 | 49 | | the violation; and |
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| 50 | 50 | | (9) any other matter that justice may require. |
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| 51 | 51 | | (s) The commission shall post on the commission's Internet |
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| 52 | 52 | | website current administrative penalty schedules applicable to a |
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| 53 | 53 | | person licensed or regulated under this chapter. The commission |
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| 54 | 54 | | shall ensure that the administrative penalties listed in the posted |
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| 55 | 55 | | schedules are accurate. The administrative penalty schedules must |
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| 56 | 56 | | be based on a consideration of the economic impact of a penalty |
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| 57 | 57 | | assessed against a person licensed or regulated under this chapter |
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| 58 | 58 | | and the factors described by Subsection (c). |
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| 59 | 59 | | SECTION 3. The changes in law made by this Act apply only to |
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| 60 | 60 | | a violation that occurs on or after the effective date of this Act. |
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| 61 | 61 | | A violation that occurred before the effective date of this Act is |
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| 62 | 62 | | governed by the law in effect when the violation occurred, and the |
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| 63 | 63 | | former law is continued in effect for that purpose. |
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| 64 | 64 | | SECTION 4. This Act takes effect on the 91st day after the |
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| 65 | 65 | | last day of the legislative session. |
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