Relating to the provision of inservice training on identifying abuse, neglect, and illegal, unprofessional, and unethical conduct in certain health care facilities and to civil and administrative penalties assessed for v, the official text

S.B. No. 437

AN ACT

relating to the provision of inservice training on identifying

abuse, neglect, and illegal, unprofessional, and unethical conduct

in certain health care facilities and to civil and administrative

penalties assessed for violations of statutes or rules governing

chemical dependency treatment facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 161.133, Health and Safety Code, is

amended by adding Subsection (a-1) to read as follows:

(a-1) The training required under Subsection (a) may be

provided:

(1) in person; or

(2) through a live, interactive, instructor-led, and

electronic method that uses synchronous audiovisual interaction

between the instructor and employees.

SECTION 2. Section 464.017(a), Health and Safety Code, is

amended to read as follows:

(a) A person or facility is subject to a civil penalty of not

more than $25,000 for each day of violation and for each act of

violation of this subchapter or a rule adopted under this

subchapter. In determining the amount of the civil penalty, the

court shall consider:

(1) the person's or facility's previous violations;

(2) the seriousness of the violation, including the

nature, circumstances, extent, and gravity of the violation;

(3) whether the health and safety of the public was

threatened by the violation;

(4) the demonstrated good faith of the person or

facility; [and]

(5) the amount necessary to deter future violations;

(6) the person's or facility's ability to pay the

penalty; and

(7) if the person's or facility's license is not

revoked under Section 464.014 because of the violation, the ability

of the person or facility to continue providing services under this

chapter after paying the penalty.

SECTION 3. Sections 464.019(c) and (s), Health and Safety

Code, are amended to read as follows:

(c) The amount of the penalty shall be based on:

(1) the seriousness of the violation, including the

nature, circumstances, extent, and gravity of any prohibited acts,

and the hazard or potential hazard created to the health, safety, or

economic welfare of the public;

(2) enforcement costs relating to the violation;

(3) the history of previous violations;

(4) the amount necessary to deter future violations;

(5) efforts to correct the violation; [and]

(6) the person's ability to pay the penalty;

(7) if the person's license is not revoked under

Section 464.014 because of the violation, the person's ability to

continue providing services under this chapter after paying the

penalty;

(8) the degree of the person's culpability in causing

the violation; and

(9) any other matter that justice may require.

(s) The commission shall post on the commission's Internet

website current administrative penalty schedules applicable to a

person licensed or regulated under this chapter. The commission

shall ensure that the administrative penalties listed in the posted

schedules are accurate. The administrative penalty schedules must

consider the economic impact of an assessed penalty on a person

licensed or regulated under this chapter and the factors described

by Subsection (c).

SECTION 4. The changes in law made by this Act to Chapter

464, Health and Safety Code, apply only to a violation that occurs

on or after the effective date of this Act. A violation that

occurred before the effective date of this Act is governed by the

law in effect when the violation occurred, and the former law is

continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 437 passed the Senate on

April 24, 2025, by the following vote: Yeas 30, Nays 1; and that

the Senate concurred in House amendment on May 30, 2025, by the

following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 437 passed the House, with

amendment, on May 28, 2025, by the following vote: Yeas 129,

Nays 12, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor