Tex. Health & Safety Code § 242.070 · Subchapter C. GENERAL ENFORCEMENT
APPLICATION OF OTHER LAW.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commission may not assess more than one monetary penalty under this chapter and Chapter 32, Human Resources Code, for a violation arising out of the same act or failure to act, except as provided by Section 242.0665(c). The commission may assess the greater of a monetary penalty under this chapter or a monetary penalty under Chapter 32, Human Resources Code, for the same act or failure to act.
(b) The commission may not impose an administrative penalty under this chapter and Chapter 32, Human Resources Code, against a nursing facility for a violation arising out of the same act or failure to act that is the subject of:
(1) a penalty imposed by the Centers for Medicare and Medicaid Services under 42 C.F.R. Section 488.408 against the facility; or
(2) a penalty the facility appeals under 42 C.F.R. Part 498 before the facility exhausts all rights of appeal if:
(A) the federal requirement is the same or substantially similar to a requirement in this chapter or Chapter 32, Human Resources Code; and
(B) Subdivision (1) does not apply.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 1049, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 2.60(a), eff. Sept. 1, 2003.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 195 (S.B. 2269), Sec. 3, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.242.htm
- Text hash
- sha256 0dae3d04896095d44c3694c91df1da3a5932aee41699ac04f88f3ca8236410dc
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.