Texas 2025 - 89th Regular

Texas Senate Bill SB437 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hinojosa of Hidalgo S.B. No. 437
	2	+	(In the Senate - Filed November 21, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; April 14, 2025, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; April 14, 2025, sent to printer.)
	6	+	Click here to see the committee vote
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to civil and administrative penalties assessed for
9	14		violations of statutes or rules governing chemical dependency
10	15		treatment facilities.
11	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	17		SECTION 1. Section 464.017(a), Health and Safety Code, is
13	18		amended to read as follows:
14	19		(a) A person or facility is subject to a civil penalty of not
15	20		more than $25,000 for each day of violation and for each act of
16	21		violation of this subchapter or a rule adopted under this
17	22		subchapter. In determining the amount of the civil penalty, the
18	23		court shall consider:
19	24		(1) the person's or facility's previous violations;
20	25		(2) the seriousness of the violation, including the
21	26		nature, circumstances, extent, and gravity of the violation;
22	27		(3) whether the health and safety of the public was
23	28		threatened by the violation;
24	29		(4) the demonstrated good faith of the person or
25	30		facility; [and]
26	31		(5) the amount necessary to deter future violations;
27	32		(6) the person's or facility's ability to pay the
28	33		penalty; and
29	34		(7) if the person's or facility's license is not
30	35		revoked under Section 464.014 because of the violation, the ability
31	36		of the person or facility to continue providing services under this
32	37		chapter after paying the penalty.
33	38		SECTION 2. Sections 464.019(c) and (s), Health and Safety
34	39		Code, are amended to read as follows:
35	40		(c) The amount of the penalty shall be based on:
36	41		(1) the seriousness of the violation, including the
37	42		nature, circumstances, extent, and gravity of any prohibited acts,
38	43		and the hazard or potential hazard created to the health, safety, or
39	44		economic welfare of the public;
40	45		(2) enforcement costs relating to the violation;
41	46		(3) the history of previous violations;
42	47		(4) the amount necessary to deter future violations;
43	48		(5) efforts to correct the violation; [and]
44	49		(6) the person's ability to pay the penalty;
45	50		(7) if the person's license is not revoked under
46	51		Section 464.014 because of the violation, the person's ability to
47	52		continue providing services under this chapter after paying the
48	53		penalty;
49	54		(8) the degree of the person's culpability in causing
50	55		the violation; and
51	56		(9) any other matter that justice may require.
52	57		(s) The commission shall post on the commission's Internet
53	58		website current administrative penalty schedules applicable to a
54	59		person licensed or regulated under this chapter. The commission
55	60		shall ensure that the administrative penalties listed in the posted
56	61		schedules are accurate. The administrative penalty schedules must
57	62		consider the economic impact of an assessed penalty on a person
58	63		licensed or regulated under this chapter and the factors described
59	64		by Subsection (c).
60	65		SECTION 3. The changes in law made by this Act apply only to
61	66		a violation that occurs on or after the effective date of this Act.
62	67		A violation that occurred before the effective date of this Act is
63	68		governed by the law in effect when the violation occurred, and the
64	69		former law is continued in effect for that purpose.
65	70		SECTION 4. This Act takes effect September 1, 2025.
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