| 1 | 1 | | 89R13351 LRM-D |
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| 2 | 2 | | By: Turner H.B. No. 3865 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to advertising by residential facilities; authorizing a |
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| 10 | 10 | | civil penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Chapter 767A to read as follows: |
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| 14 | 14 | | CHAPTER 767A. RESIDENTIAL FACILITIES |
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| 15 | 15 | | Sec. 767A.001. DEFINITION. In this chapter, "residential |
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| 16 | 16 | | facility" means a group home or other residential facility licensed |
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| 17 | 17 | | by or operated under the authority of the Health and Human Services |
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| 18 | 18 | | Commission, including a group home or facility licensed or operated |
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| 19 | 19 | | under a Medicaid waiver program authorized under Section 1915(c) of |
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| 20 | 20 | | the Social Security Act (42 U.S.C. Section 1396n(c)), and that |
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| 21 | 21 | | provides community-based residential care services. |
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| 22 | 22 | | Sec. 767A.002. RESIDENTIAL FACILITY ADVERTISEMENT |
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| 23 | 23 | | REGULATIONS. (a) A residential facility shall disclose in any |
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| 24 | 24 | | advertisement for the facility whether the residential facility |
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| 25 | 25 | | offers any health care services and, if so, accurately identify the |
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| 26 | 26 | | health care services the facility provides. |
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| 27 | 27 | | (b) A residential facility that violates Subsection (a) is |
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| 28 | 28 | | liable for a civil penalty of not more than $10,000 for each |
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| 29 | 29 | | violation. |
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| 30 | 30 | | (c) The attorney general may bring suit to recover the civil |
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| 31 | 31 | | penalty authorized by Subsection (b). |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2025. |
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