85R14600 JG-D     By: Bohac H.B. No. 4137       A BILL TO BE ENTITLED   AN ACT   relating to the availability of parking spaces at certain   facilities for persons with a disability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subtitle A, Title 4, Health and   Safety Code, is amended to read as follows:   SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING   HEALTH FACILITIES AND PREMISES          SECTION 2.  Subtitle A, Title 4, Health and Safety Code, is   amended by adding Chapter 226 to read as follows:   CHAPTER 226. PARKING AT CERTAIN HEALTH FACILITIES SERVING PERSONS   WITH A DISABILITY          Sec. 226.001.  DEFINITIONS.  In this chapter:                (1)  "Commission" means the Health and Human Services   Commission.                (2)  "Department" means the Department of State Health   Services.                (3)  "Executive commissioner" means the executive   commissioner of the commission.          Sec. 226.002.  AVAILABILITY OF PARKING. The executive   commission by rule shall require each facility that provides   rehabilitation or physical therapy services or a division of a   hospital that provides outpatient services to have a sufficient   number of van-accessible parking spaces. A facility or division of   a hospital may provide van-accessible parking spaces that are   angled or that share access aisles with other parking spaces.          Sec. 226.003.  ADMINISTRATIVE PENALTY. (a) The commission   or department, as applicable, may impose an administrative penalty   against a facility that provides rehabilitation or physical therapy   services or a hospital that violates this chapter or a rule adopted   under this chapter.          (b)  The penalty imposed under this section must be in an   amount not to exceed $1,000. Each day of a continuing violation is   a separate violation.          (c)  In determining the amount of the penalty imposed under   this section, the commission or department, as applicable, shall   consider:                (1)  any previous violations by the facility or   hospital;                (2)  the seriousness of the violation;                (3)  any hazard to the health and safety of patients of   the facility or hospital;                (4)  the demonstrated good faith of a facility or   hospital in complying with this chapter or a rule adopted under this   chapter; and                (5)  any other matter as justice may require.          (d)  The enforcement of the penalty may be stayed during the   time the order is under judicial review if the person pays the   penalty to the clerk of the court or files a supersedeas bond with   the court in the amount of the penalty.  A person who cannot afford   to pay the penalty or file the bond may stay the enforcement by   filing an affidavit in the manner required by the Texas Rules of   Civil Procedure for a party who cannot afford to file security for   costs, subject to the right of the board to contest the affidavit as   provided by those rules.          (e)  The attorney general may sue to collect the penalty and   recover the reasonable expenses and costs incurred in collection of   the penalty.          SECTION 3.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules necessary to implement the   changes in law made by this Act.          SECTION 4.  This Act takes effect September 1, 2017.