87(R) SB 1871 - Introduced version - Bill Text

	87R12506 EAS-F
	By:  Miles	S.B.  No.  1871

	A BILL TO BE ENTITLED
	AN ACT
	relating to penalties for violating certain county and municipal
	regulations regarding the operation of a boarding home facility;
	imposing a civil penalty; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    The heading to Section 260.005, Health and
	Safety Code, is amended to read as follows:
	Sec.  260.005.    PERMIT PROCEDURES; FEES[; FINES].
	SECTION  2.    Sections 260.005(b) and (c), Health and Safety
	Code, are amended to read as follows:
	(b)    A county or municipality that requires a person to
	obtain a boarding home facility permit as authorized under Section
	260.004 may set reasonable fees for issuance of the permit, renewal
	of the permit, and inspections [and may impose fines for
	noncompliance with the county or municipal boarding home facility
	regulations]. The fees collected [and fines imposed] by the county
	or municipality must be used to administer the county or municipal
	permitting program or for other purposes directly related to
	providing boarding home facility or other assisted living services
	to elderly persons and persons with disabilities.
	(c)    A person required to obtain a boarding home facility
	permit from a county or municipality as authorized under Section
	260.004 shall pay all [any] fees required [or fines imposed] by the
	county or municipality.
	SECTION  3.    Chapter 260, Health and Safety Code, is amended
	by adding Sections 260.0051 and 260.0052 to read as follows:
	Sec.  260.0051.    CIVIL PENALTIES. (a) This section applies
	only to a county or municipality that requires a person to obtain a
	permit to operate a boarding home facility as authorized by Section
	260.004.
	(b)    A person who violates a county or municipal boarding
	home facility regulation is liable for a civil penalty of not more
	than $1,000 for each violation. Each day a violation continues is
	considered a separate violation for purposes of assessing the civil
	penalty.
	(c)    A municipality or county may bring suit in a district
	court to recover a civil penalty authorized by Subsection (b).
	(d)    The appropriate attorney representing the county or
	municipality in the district court may seek injunctive relief to
	prevent the violation or threatened violation of a county or
	municipal boarding home facility regulation.
	Sec.  260.0052.    CRIMINAL OFFENSE. (a) This section applies
	only to a county or municipality that requires a person to obtain a
	permit to operate a boarding home facility as authorized by Section
	260.004.
	(b)    A person commits an offense if the person owns or
	operates a boarding home and intentionally or knowingly violates a
	county or municipal boarding home facility regulation.
	(c)    An offense  under this section  is:
	(1)    a misdemeanor punishable by:
	(A)    a fine not to exceed $500; or
	(B)    confinement in jail for a term not to exceed
	one day; or
	(C)    both the fine and confinement;
	(2)    a Class B misdemeanor if it is shown on the trial
	of the offense that the defendant has been previously convicted
	under this section two times; or
	(3)    a Class A misdemeanor if it is shown on the trial
	of the offense that the defendant has been previously convicted
	under this section three or more times.
	SECTION  4.    The change in law made by this Act applies to a
	violation of a county or municipal boarding home facility
	regulation that occurs on or after the effective date of this Act.
	A violation that occurs before the effective date of this Act is
	governed by the law in effect on the date the violation occurred,
	and the former law is continued in effect for that purpose.
	SECTION  5.    This Act takes effect September 1, 2021.