Bill Text: TX SB1871 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-26 - Referred to Local Government [SB1871 Detail]

Download: Texas-2021-SB1871-Introduced.html

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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.