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89(R) SB 437 - Enrolled version - Bill Text
S.B. No. 437
AN ACT
relating to the provision of inservice training on identifying
abuse, neglect, and illegal, unprofessional, and unethical conduct
in certain health care facilities and to civil and administrative
penalties assessed for violations of statutes or rules governing
chemical dependency treatment facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.133, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1)
The training required under Subsection (a) may be
provided:
(1) in person; or
(2)
through a live, interactive, instructor-led, and
electronic method that uses synchronous audiovisual interaction
between the instructor and employees.
SECTION 2. Section 464.017(a), Health and Safety Code, is
amended to read as follows:
(a) A person or facility is subject to a civil penalty of not
more than $25,000 for each day of violation and for each act of
violation of this subchapter or a rule adopted under this
subchapter. In determining the amount of the civil penalty, the
court shall consider:
(1) the person's or facility's previous violations;
(2) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(3) whether the health and safety of the public was
threatened by the violation;
(4) the demonstrated good faith of the person or
facility; [
and
]
(5) the amount necessary to deter future violations
;
(6)
the person's or facility's ability to pay the
penalty; and
(7)
if the person's or facility's license is not
revoked under Section 464.014 because of the violation, the ability
of the person or facility to continue providing services under this
chapter after paying the penalty
.
SECTION 3. Sections 464.019(c) and (s), Health and Safety
Code, are amended to read as follows:
(c) The amount of the penalty shall be based on:
(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, safety, or
economic welfare of the public;
(2) enforcement costs relating to the violation;
(3) the history of previous violations;
(4) the amount necessary to deter future violations;
(5) efforts to correct the violation; [
and
]
(6)
the person's ability to pay the penalty;
(7)
if the person's license is not revoked under
Section 464.014 because of the violation, the person's ability to
continue providing services under this chapter after paying the
penalty;
(8)
the degree of the person's culpability in causing
the violation; and
(9)
any other matter that justice may require.
(s) The commission shall post on the commission's Internet
website current administrative penalty schedules applicable to a
person licensed or regulated under this chapter. The commission
shall ensure that the administrative penalties listed in the posted
schedules are accurate.
The administrative penalty schedules must
consider the economic impact of an assessed penalty on a person
licensed or regulated under this chapter and the factors described
by Subsection (c).
SECTION 4. The changes in law made by this Act to Chapter
464, Health and Safety Code, apply only to a violation that occurs
on or after the effective date of this Act. A violation that
occurred before the effective date of this Act is governed by the
law in effect when the violation occurred, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 437 passed the Senate on
April 24, 2025, by the following vote: Yeas 30, Nays 1; and that
the Senate concurred in House amendment on May 30, 2025, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 437 passed the House, with
amendment, on May 28, 2025, by the following vote: Yeas 129,
Nays 12, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor