86R4632 JG-D
 
  By: Bohac H.B. No. 3994
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.