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Texas Health and Safety Code

§ 142.017 — ADMINISTRATIVE PENALTY

HS § 142.017Title 2. HEALTH · Part G. LICENSES AND OTHER REGULATION · Ch. 142. HOME AND COMMUNITY SUPPORT SERVICES · Art. A. HOME AND COMMUNITY SUPPORT SERVICES LICENSE

Statute text

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(a)The department may assess an administrative penalty against a person who violates:
(1)this chapter or a rule adopted under this chapter; or
(2)Section 102.001, Occupations Code, if the violation relates to the provision of home health, hospice, habilitation, or personal assistance services.
(b)The penalty shall be not less than $100 or more than $1,000 for each violation. Each day of a violation that occurs before the day on which the person receives written notice of the violation from the department does not constitute a separate violation and shall be considered to be one violation. Each day of a continuing violation that occurs after the day on which the person receives written notice of the violation from the department constitutes a separate violation.
(c)The executive commissioner by rule shall specify each violation for which the department may assess an administrative penalty. In determining which violations warrant penalties, the department shall consider:
(1)the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard of the violation to the health or safety of clients; and

Legislative history

Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 9, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0406, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 14, eff. September 1, 2015.

Source: Texas Health and Safety Code § 142.017 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.