Bill Text: TX SB78 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to adverse licensing, listing, or registration decisions by certain health and human services agencies.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB78 Detail]
Download: Texas-2011-SB78-Enrolled.html
S.B. No. 78 |
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relating to adverse licensing, listing, or registration decisions | ||
by certain health and human services agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 531, Government Code, is amended by | ||
adding Subchapter W to read as follows: | ||
SUBCHAPTER W. ADVERSE LICENSING, LISTING, OR REGISTRATION | ||
DECISIONS | ||
Sec. 531.951. APPLICABILITY. (a) This subchapter applies | ||
only to the final licensing, listing, or registration decisions of | ||
a health and human services agency with respect to a person under | ||
the law authorizing the agency to regulate the following types of | ||
persons: | ||
(1) a youth camp licensed under Chapter 141, Health | ||
and Safety Code; | ||
(2) a home and community support services agency | ||
licensed under Chapter 142, Health and Safety Code; | ||
(3) a hospital licensed under Chapter 241, Health and | ||
Safety Code; | ||
(4) an institution licensed under Chapter 242, Health | ||
and Safety Code; | ||
(5) an assisted living facility licensed under Chapter | ||
247, Health and Safety Code; | ||
(6) a special care facility licensed under Chapter | ||
248, Health and Safety Code; | ||
(7) an intermediate care facility licensed under | ||
Chapter 252, Health and Safety Code; | ||
(8) a chemical dependency treatment facility licensed | ||
under Chapter 464, Health and Safety Code; | ||
(9) a mental hospital or mental health facility | ||
licensed under Chapter 577, Health and Safety Code; | ||
(10) a child-care facility or child-placing agency | ||
licensed under or a family home listed or registered under Chapter | ||
42, Human Resources Code; or | ||
(11) an adult day-care facility licensed under Chapter | ||
103, Human Resources Code. | ||
(b) This subchapter does not apply to an agency decision | ||
that did not result in a final order or that was reversed on appeal. | ||
Sec. 531.952. RECORD OF FINAL DECISION. (a) Each health | ||
and human services agency that regulates a person described by | ||
Section 531.951 shall in accordance with this section and executive | ||
commissioner rule maintain a record of: | ||
(1) each application for a license, including a | ||
renewal license or a license that does not expire, a listing, or a | ||
registration that is denied by the agency under the law authorizing | ||
the agency to regulate the person; and | ||
(2) each license, listing, or registration that is | ||
revoked, suspended, or terminated by the agency under the | ||
applicable law. | ||
(b) The record of an application required by Subsection | ||
(a)(1) must be maintained until the 10th anniversary of the date the | ||
application is denied. The record of the license, listing, or | ||
registration required by Subsection (a)(2) must be maintained until | ||
the 10th anniversary of the date of the revocation, suspension, or | ||
termination. | ||
(c) The record required under Subsection (a) must include: | ||
(1) the name and address of the applicant for a | ||
license, listing, or registration that is denied as described by | ||
Subsection (a)(1); | ||
(2) the name and address of each person listed in the | ||
application for a license, listing, or registration that is denied | ||
as described by Subsection (a)(1); | ||
(3) the name of each person determined by the | ||
applicable regulatory agency to be a controlling person of an | ||
entity for which an application, license, listing, or registration | ||
is denied, revoked, suspended, or terminated as described by | ||
Subsection (a); | ||
(4) the specific type of license, listing, or | ||
registration that was denied, revoked, suspended, or terminated by | ||
the agency; | ||
(5) a summary of the terms of the denial, revocation, | ||
suspension, or termination; and | ||
(6) the period the denial, revocation, suspension, or | ||
termination was effective. | ||
(d) Each health and human services agency that regulates a | ||
person described by Section 531.951 each month shall provide a copy | ||
of the records maintained under this section to each other health | ||
and human services agency that regulates a person described by | ||
Section 531.951. | ||
Sec. 531.953. DENIAL OF APPLICATION BASED ON ADVERSE AGENCY | ||
DECISION. A health and human services agency that regulates a | ||
person described by Section 531.951 may deny an application for a | ||
license, including a renewal license or a license that does not | ||
expire, a listing, or a registration included in that section if: | ||
(1) any of the following persons are listed in a record | ||
maintained under Section 531.952: | ||
(A) the applicant; | ||
(B) a person listed on the application; or | ||
(C) a person determined by the applicable | ||
regulating agency to be a controlling person of an entity for which | ||
the license, including a renewal license or a license that does not | ||
expire, the listing, or the registration is sought; and | ||
(2) the agency's action that resulted in the person | ||
being listed in a record maintained under Section 531.952 is based | ||
on: | ||
(A) an act or omission that resulted in physical | ||
or mental harm to an individual in the care of the applicant or | ||
person; | ||
(B) a threat to the health, safety, or well-being | ||
of an individual in the care of the applicant or person; | ||
(C) the physical, mental, or financial | ||
exploitation of an individual in the care of the applicant or | ||
person; or | ||
(D) a determination by the agency that the | ||
applicant or person has committed an act or omission that renders | ||
the applicant unqualified or unfit to fulfill the obligations of | ||
the license, listing, or registration. | ||
Sec. 531.954. REQUIRED APPLICATION INFORMATION. An | ||
applicant submitting an initial or renewal application for a | ||
license, including a renewal license or a license that does not | ||
expire, a listing, or a registration described under Section | ||
531.951 must include with the application a written statement of: | ||
(1) the name of any person who is or will be a | ||
controlling person, as determined by the applicable agency | ||
regulating the person, of the entity for which the license, | ||
listing, or registration is sought; and | ||
(2) any other relevant information required by | ||
executive commissioner rule. | ||
SECTION 2. (a) Not later than March 1, 2012, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt the rules necessary to implement Subchapter W, Chapter 531, | ||
Government Code, as added by this Act. | ||
(b) Notwithstanding Section 531.952, Government Code, as | ||
added by this Act, a health and human services agency is not | ||
required to maintain the records as required under that section | ||
until March 1, 2012. | ||
SECTION 3. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 78 passed the Senate on | ||
March 17, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 27, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 78 passed the House, with | ||
amendment, on May 20, 2011, by the following vote: Yeas 149, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |