Texas Health and Safety Code

§ 242.065 — CIVIL PENALTY

HS § 242.065Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 242. CONVALESCENT AND NURSING FACILITIES AND RELATED INSTITUTIONS · Art. C. GENERAL ENFORCEMENT

Statute text

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(a)A person who violates or causes a violation of this chapter or a rule adopted under this chapter is liable for a civil penalty of not less than $1,000 or more than $20,000 for each act of violation if the department determines the violation threatens the health and safety of a resident.

(b)In determining the amount of a penalty to be awarded under this section, the trier of fact shall consider:

(1)the seriousness of the violation;

(2)the history of violations committed by the person or the person's affiliate, employee, or controlling person;

(3)the amount necessary to deter future violations;

(4)the efforts made to correct the violation;

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0616, eff. April 2, 2015.