Bill Text: TX SB1345 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the enforcement activities of the Health and Human Services Commission against certain child-care facilities; authorizing administrative penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-07 - Referred to Health & Human Services [SB1345 Detail]
Download: Texas-2019-SB1345-Introduced.html
86R5585 MCK-D | ||
By: Watson | S.B. No. 1345 |
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relating to the enforcement activities of the Health and Human | ||
Services Commission against certain child-care facilities; | ||
authorizing administrative penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.0421(g), Human Resources Code, is | ||
amended to read as follows: | ||
(g) A person described by Subsection (f)(6) may provide | ||
training under this section only if the commission [ |
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not taken an action under Section 42.071 or[ |
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registration of the person or the home or center for which the | ||
person is a provider or director during the two-year period | ||
preceding the date on which the person provides the training. | ||
SECTION 2. Section 42.04412(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) During an investigation or inspection of a facility or | ||
family home under this chapter, the facility or family home shall | ||
cooperate with the commission or department and allow the | ||
commission or department to: | ||
(1) access the records of the facility or family home, | ||
including a photograph, videotape, audiotape, or other audio or | ||
visual recording; | ||
(2) access any part of the premises of the facility or | ||
family home; and | ||
(3) interview any child, employee, or other person who | ||
is present at the facility or family home and who may have | ||
information relevant to the investigation or inspection. | ||
SECTION 3. Section 42.0704, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 42.0704. ENFORCEMENT POLICY. (a) The executive | ||
commissioner by rule shall adopt a general enforcement policy that | ||
describes the commission's [ |
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of this chapter. | ||
(b) The enforcement policy must: | ||
(1) summarize the commission's [ |
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expectations in enforcing this chapter; | ||
(2) include the methodology required by Subsection | ||
(c); and | ||
(3) describe the commission's [ |
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strengthening its enforcement efforts and for making objective | ||
regulatory decisions. | ||
(c) As part of the enforcement policy, the commission | ||
[ |
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determining the appropriate disciplinary action to take against a | ||
person who violates this chapter or a commission [ |
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The methodology must provide guidance on when to use each of the | ||
available tools of enforcement, including technical assistance, | ||
voluntary plans of action, [ |
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revocation of a license or registration, denial of a license or | ||
registration, administrative penalties, and emergency suspension. | ||
The methodology must allow the commission [ |
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the circumstances of a particular case, including the nature and | ||
seriousness of the violation, history of previous violations, and | ||
aggravating and mitigating factors, in determining the appropriate | ||
disciplinary action. | ||
(d) The commission [ |
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described by Subsection (c) available to the public, including by | ||
posting the methodology on the commission's [ |
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website. | ||
SECTION 4. Section 42.071, Human Resources Code, is amended | ||
to read as follows: | ||
Sec. 42.071. SUSPENSION[ |
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LICENSE OR REGISTRATION. (a) The commission [ |
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suspend the license of a facility or the registration of a family | ||
home that has temporarily ceased operation but has definite plans | ||
for starting operations again within the time limits of the issued | ||
license or registration. | ||
(b) The commission [ |
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license or a family home's registration for a definite period | ||
rather than deny or revoke the license or registration if the | ||
commission [ |
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standards that do not endanger the health and safety of children. | ||
To qualify for license or registration suspension under this | ||
subsection, a facility or family home must suspend its operations | ||
and show that standards can be met within the suspension period. | ||
(c) If the commission [ |
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family home is in repeated noncompliance with standards that do not | ||
endanger the health and safety of children, the commission | ||
[ |
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[ |
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facility's license or the family home's registration. The | ||
commission [ |
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family home of the [ |
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noncompliance not later than the 10th day before the [ |
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probation period, the facility or family home must correct the | ||
items that were in noncompliance and report the corrections to the | ||
commission [ |
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(d) The commission [ |
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a facility or the registration of a family home that does not comply | ||
with standards at the end of a license or registration suspension. | ||
(e) The commission [ |
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license of a facility or the registration of a family home that does | ||
not correct items that were in noncompliance or that does not comply | ||
with required standards within the applicable [ |
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probation period. | ||
SECTION 5. Section 42.078, Human Resources Code, is amended | ||
by amending Subsections (a), (a-2), and (c) and adding Subsection | ||
(b-1) to read as follows: | ||
(a) The commission [ |
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facility or family home licensed, registered, or listed under this | ||
chapter that violates this chapter or other law or a commission rule | ||
[ |
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[ |
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facility or family home or a controlling person of a facility or | ||
family home if the facility, family home, or controlling person: | ||
(1) violates a term of a license or registration | ||
issued under this chapter; | ||
(2) makes a statement about a material fact that the | ||
facility, family home, or person knows or should know is false: | ||
(A) on an application for the issuance or renewal | ||
of a license or registration or an attachment to the application; or | ||
(B) in response to a matter under investigation | ||
by the commission or the department; | ||
(3) refuses to allow a representative of the | ||
commission or department to inspect: | ||
(A) a book, record, or file [ |
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maintained by the facility or family home; or | ||
(B) any part of the premises of the facility or | ||
family home; | ||
(4) purposefully interferes with: | ||
(A) the work of a representative of the | ||
commission or department; or | ||
(B) the enforcement of this chapter; or | ||
(5) fails to pay a penalty assessed under this chapter | ||
on or before the date the penalty is due, as determined under this | ||
section. | ||
(a-2) The commission [ |
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administrative penalty without first imposing a nonmonetary | ||
administrative sanction for violating a minimum standard | ||
applicable to a facility or family home under this chapter that is | ||
determined by the commission [ |
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standard, including background check standards, safety hazard | ||
standards, and supervision standards. | ||
(b-1) The executive commissioner shall, in consultation | ||
with appropriate interested parties, adopt rules on the imposition | ||
of an administrative penalty under this section. The rules must: | ||
(1) specify the types of violations that warrant | ||
imposition of an administrative penalty by examining the scope and | ||
severity of the relevant minimum standard violated; | ||
(2) prescribe reasonable penalty amounts, subject to | ||
Subdivision (4), to be imposed for each violation subject to an | ||
administrative penalty; | ||
(3) establish a schedule of progressive | ||
administrative penalties and amounts, subject to Subdivision (4), | ||
in accordance with the type, frequency, and seriousness of a | ||
violation; | ||
(4) authorize the imposition of an administrative | ||
penalty in an amount not to exceed: | ||
(A) $500 for a first violation; and | ||
(B) $2,000 for progressive violations; | ||
(5) provide that a facility or family home commits a | ||
separate violation each day the facility or home continues to | ||
violate the law or rule; | ||
(6) ensure standard and consistent application of the | ||
administrative penalties throughout the state; and | ||
(7) provide for an administrative appeals process in | ||
accordance with Chapter 2001, Government Code, to adjudicate claims | ||
and appeals relating to the imposition of an administrative penalty | ||
under this section. | ||
(c) In determining [ |
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amount of the penalty, the commission shall consider [ |
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(1) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of any prohibited acts, | ||
and the hazard or potential hazard created to the health and[ |
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safety of the children to whom the facility or family home provides | ||
care[ |
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(2) the number of children to whom the facility or | ||
family home was authorized to provide care or the number of children | ||
under the care of the child-placing agency when the violation | ||
occurred [ |
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(3) the history of previous violations; | ||
(4) the amount necessary to deter future violations; | ||
(5) the efforts to correct the violation; and | ||
(6) any other matter that justice may require. | ||
SECTION 6. Sections 42.078(a-1), (b), (e), (f), (g), (h), | ||
(i), (j), (k), (l), (m), (n), (o), (p), and (q), Human Resources | ||
Code, are repealed. | ||
SECTION 7. This Act takes effect September 1, 2019. |