Bill Text: TX HB3994 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the availability of parking spaces at certain health facilities for persons with a disability; providing an administrative penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-25 - Committee report sent to Calendars [HB3994 Detail]
Download: Texas-2019-HB3994-Introduced.html
| 86R4632 JG-D | ||
| By: Bohac | H.B. No. 3994 | |
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| relating to the availability of parking spaces at certain health | ||
| facilities for persons with a disability; providing an | ||
| administrative penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subtitle A, Title 4, Health and | ||
| Safety Code, is amended to read as follows: | ||
| SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING | ||
| HEALTH FACILITIES AND PREMISES | ||
| SECTION 2. Subtitle A, Title 4, Health and Safety Code, is | ||
| amended by adding Chapter 226 to read as follows: | ||
| CHAPTER 226. PARKING AT CERTAIN HEALTH FACILITIES SERVING PERSONS | ||
| WITH DISABILITY | ||
| Sec. 226.0001. DEFINITIONS. In this chapter: | ||
| (1) "Commission" means the Health and Human Services | ||
| Commission. | ||
| (2) "Executive commissioner" means the executive | ||
| commissioner of the commission. | ||
| (3) "Health facility" means a facility licensed by the | ||
| commission under this title. | ||
| Sec. 226.0002. AVAILABILITY OF PARKING. The executive | ||
| commissioner by rule shall require each health facility that | ||
| provides rehabilitation or physical therapy services, including a | ||
| hospital that provides outpatient services, to have a sufficient | ||
| number of van-accessible parking spaces. A health facility may | ||
| provide van-accessible parking spaces that are angled or that share | ||
| access aisles with other parking spaces. | ||
| Sec. 226.0003. ADMINISTRATIVE PENALTY. (a) The commission | ||
| may impose an administrative penalty against a health facility that | ||
| violates this chapter or a rule adopted under this chapter in the | ||
| same manner the commission imposes an administrative penalty | ||
| against the facility for a violation of this title or rules adopted | ||
| under this title. | ||
| (b) The penalty imposed under this section may not exceed | ||
| $1,000. Each day of a continuing violation is a separate violation. | ||
| (c) In determining the amount of the penalty imposed under | ||
| this section, the commission shall consider: | ||
| (1) any previous violations by the health facility; | ||
| (2) the seriousness of the violation; | ||
| (3) any hazard to the health and safety of patients of | ||
| the facility; | ||
| (4) the demonstrated good faith of the facility in | ||
| complying with this chapter or a rule adopted under this chapter; | ||
| and | ||
| (5) any other matter as justice may require. | ||
| (d) The enforcement of the penalty may be stayed during the | ||
| time the order is under judicial review if the health facility pays | ||
| the penalty to the clerk of the court or files a supersedeas bond | ||
| with the court in the amount of the penalty. A person who cannot | ||
| afford to pay the penalty or file the bond may stay the enforcement | ||
| by filing an affidavit in the manner required by the Texas Rules of | ||
| Civil Procedure for a party who cannot afford to file security for | ||
| costs, subject to the right of the commission to contest the | ||
| affidavit as provided by those rules. | ||
| (e) The attorney general may sue to collect the penalty and | ||
| recover the reasonable expenses and costs incurred in collecting | ||
| the penalty. | ||
| SECTION 3. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission shall adopt rules necessary to implement the | ||
| changes in law made by this Act. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
