reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 323 - Emergency Services and Forensic Examination Programs for Survivors of Sexual Assault › Subchapter B. Sexual Assault Forensic Examination Programs › Section 323.054. Forensic Medical Examination by Safe Program; Informed Consent

Sec. 323.054.  FORENSIC MEDICAL EXAMINATION BY SAFE PROGRAM; INFORMED CONSENT.  (a)  A SAFE program shall provide to a sexual assault survivor under the care of the program a forensic medical examination in accordance with Subchapter B, Chapter 420, Government Code, and Subchapter G, Chapter 56A, Code of Criminal Procedure.
(b)  Only a sexual assault examiner or a sexual assault nurse examiner may perform a forensic medical examination under a SAFE program.
(c)  A sexual assault examiner or sexual assault nurse examiner employed by or under contract with a SAFE program must obtain the consent described by Article 56A.303, Code of Criminal Procedure, before performing a forensic medical examination or providing medical treatment to the survivor.
(d)  A sexual assault survivor who receives a forensic medical examination from a sexual assault examiner or sexual assault nurse examiner employed by or under contract with a SAFE program may not be required to:
(1)  participate in the investigation or prosecution of an offense as a prerequisite to receiving the forensic medical examination or medical treatment; or
(2)  pay for any costs described by Article 56A.304(a), Code of Criminal Procedure.
Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 18, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 23, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 324 - Consumer Access to Health Care Information › Subchapter A. General Provisions › Section 324.001. Definitions

Sec. 324.001.  DEFINITIONS.  In this chapter:
(1)  "Average charge" means the mathematical average of facility charges for an inpatient admission or outpatient surgical procedure.  The term does not include charges for a particular inpatient admission or outpatient surgical procedure that exceed the average by more than two standard deviations.
(2)  "Billed charge" means the amount a facility charges for an inpatient admission, outpatient surgical procedure, or health care service or supply.
(3)  "Costs" means the fixed and variable expenses incurred by a facility in the provision of a health care service.
(4)  "Consumer" means any person who is considering receiving, is receiving, or has received a health care service or supply as a patient from a facility.  The term includes the personal representative of the patient.
(5)  "Department" means the Department of State Health Services.
(6)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(7)  "Facility" means:
(A)  an ambulatory surgical center licensed under Chapter 243;
(B)  a birthing center licensed under Chapter 244;
(C)  a hospital licensed under Chapter 241; or
(D)  a freestanding emergency medical care facility, as defined in Section 254.001, including a freestanding emergency medical care facility that is exempt from the licensing requirements of Chapter 254 under Section 254.052(8).
(8)  "Facility-based physician" means a radiologist, an anesthesiologist, a pathologist, an emergency department physician, a neonatologist, or an assistant surgeon.
Added by Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1290 (H.B. 2256), Sec. 4, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 185 (S.B. 425), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 467 (S.B. 481), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 324 - Consumer Access to Health Care Information › Subchapter A. General Provisions › Section 324.002. Rules

Sec. 324.002.  RULES.  The executive commissioner shall adopt and enforce rules to further the purposes of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 324 - Consumer Access to Health Care Information › Subchapter C. Billing of Facility Services and Supplies › Section 324.102. Complaint Process

Sec. 324.102.  COMPLAINT PROCESS.  A facility shall establish and implement a procedure for handling consumer complaints, and must make a good faith effort to resolve the complaint in an informal manner based on its complaint procedures.  If the complaint cannot be resolved informally, the facility shall advise the consumer that a complaint may be filed with the department and shall provide the consumer with the mailing address and telephone number of the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 324 - Consumer Access to Health Care Information › Subchapter C. Billing of Facility Services and Supplies › Section 324.103. Consumer Waiver Prohibited

Sec. 324.103.  CONSUMER WAIVER PROHIBITED.  The provisions of this chapter may not be waived, voided, or nullified by a contract or an agreement between a facility and a consumer.
Added by Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 325 - Notice of Sex Offender Status to Residents of Group Home › Section 325.001. Definitions

Sec. 325.001.  DEFINITIONS.  In this chapter:
(1)  "Director" means the administrator primarily responsible for the operation of a group home.
(2)  "Group home" includes:
(A)  an assisted living facility, as defined by Section 247.002;
(B)  a boarding home facility, as defined by Section 260.001;
(C)  a facility as defined by Section 246.002;
(D)  a supportive housing facility operated by the state, a local government, or a private agency that provides supportive services to persons with mental illness, substance use conditions, or physical disabilities who require access to rehabilitative services and a stable living arrangement to maintain consistent treatment regimens; and
(E)  a transitional housing facility designed to facilitate the transition from inpatient to outpatient care or, within a reasonable time, the transition from homelessness to permanent housing for persons with serious mental illnesses, substance use conditions, or physical disabilities and who may require intensive case management and assistance with long-term goal planning and independent living skills.
(3)  "Resident" means a person who resides and receives services at a group home.
Added by Acts 2013, 83rd Leg., R.S., Ch. 246 (H.B. 424), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 325 - Notice of Sex Offender Status to Residents of Group Home › Section 325.002. Applicability of Chapter

Sec. 325.002.  APPLICABILITY OF CHAPTER.  This chapter does not apply to a group home that accepts or is assigned only residents who are sex offenders required to register under Chapter 62, Code of Criminal Procedure, if the residents receive treatment at the group home from a sex offender treatment provider who is licensed under Chapter 110, Occupations Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 246 (H.B. 424), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 325 - Notice of Sex Offender Status to Residents of Group Home › Section 325.003. Sex Offender Status Check

Sec. 325.003.  SEX OFFENDER STATUS CHECK.  Except as provided by Section 325.002, as soon as practicable after a person requests to live at a group home or is assigned to live at a group home as a condition of community supervision or as a condition of release on parole or to mandatory supervision, the director of the group home shall ascertain whether the person is registered under Chapter 62, Code of Criminal Procedure, by consulting the Internet website maintained by the Department of Public Safety that contains the sex offender database.
Added by Acts 2013, 83rd Leg., R.S., Ch. 246 (H.B. 424), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 325 - Notice of Sex Offender Status to Residents of Group Home › Section 325.004. Notice to Other Residents Required

Sec. 325.004.  NOTICE TO OTHER RESIDENTS REQUIRED.  If based on information obtained under Section 325.003 the director ascertains that a person is a registered sex offender, not later than the third day after the date the person becomes a resident of the group home, the director shall provide notice that the person is a sex offender to the legal guardian of each current resident who has a legal guardian and directly to each other resident.  The notice must contain all of the information about the person that is available on the website described by Section 325.003.
Added by Acts 2013, 83rd Leg., R.S., Ch. 246 (H.B. 424), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 325 - Notice of Sex Offender Status to Residents of Group Home › Section 325.005. Immunity for Release of Public Information

Sec. 325.005.  IMMUNITY FOR RELEASE OF PUBLIC INFORMATION.  A group home or its director is not liable under any law for damages arising from conduct required under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 246 (H.B. 424), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 326 - Staffing Requirements for Facilities Providing Care to Persons With Alzheimer's Disease or Related Disorders › Section 326.001. Definitions

Sec. 326.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Facility" means:
(A)  a nursing facility licensed under Chapter 242;
(B)  a continuing care facility regulated under Chapter 246;
(C)  an assisted living facility licensed under Chapter 247;
(D)  a day activity and health services facility licensed under Chapter 103, Human Resources Code;
(E)  an establishment subject to Chapter 105, Human Resources Code;
(F)  a community home qualified under Chapter 123, Human Resources Code; and
(G)  an adult foster care provider that contracts with the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 326 - Staffing Requirements for Facilities Providing Care to Persons With Alzheimer's Disease or Related Disorders › Section 326.002. Written Policy Required

Sec. 326.002.  WRITTEN POLICY REQUIRED.  A facility shall adopt, implement, and enforce a written policy that:
(1)  requires a facility employee who provides direct care to a person with Alzheimer's disease or a related disorder to successfully complete training in the provision of care to persons with Alzheimer's disease and related disorders; and
(2)  ensures the care and services provided by a facility employee to a person with Alzheimer's disease or a related disorder meet the specific identified needs of the person relating to the person's diagnosis of Alzheimer's disease or a related disorder.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 326 - Staffing Requirements for Facilities Providing Care to Persons With Alzheimer's Disease or Related Disorders › Section 326.003. Enforcement

Sec. 326.003.  ENFORCEMENT.  (a)  The commission may assess an administrative penalty against a facility for a violation of Section 326.002.
(b)  The commission is not required to provide a facility an opportunity to correct a second or subsequent violation of Section 326.002 that occurs before the second anniversary of the date of the first violation.
(c)  A violation of Section 326.002 constitutes a violation of the law regulating a facility, and the commission may initiate for the violation any other enforcement action authorized by that law against the facility, including an adult foster care facility with three or fewer beds.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 326 - Staffing Requirements for Facilities Providing Care to Persons With Alzheimer's Disease or Related Disorders › Section 326.004. Rules

Sec. 326.004.  RULES.  The executive commissioner shall adopt rules related to the administration and implementation of this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 327 - Disclosure of Prices › Section 327.002. Public Availability of Price Information Required

Sec. 327.002.  PUBLIC AVAILABILITY OF PRICE INFORMATION REQUIRED.  Notwithstanding any other law, a facility must make public:
(1)  a digital file in a machine-readable format that contains a list of all standard charges for all facility items or services as described by Section 327.003; and
(2)  a consumer-friendly list of standard charges for a limited set of shoppable services as provided in Section 327.004.
Added by Acts 2021, 87th Leg., R.S., Ch. 1044 (S.B. 1137), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 327 - Disclosure of Prices › Section 327.005. Reporting Requirement

Sec. 327.005.  REPORTING REQUIREMENT.  Each time a facility updates a list as required under Sections 327.003(h) and 327.004(e)(4), the facility shall submit the updated list to the commission.  The commission may prescribe the form in which the updated list must be submitted to the commission.
Added by Acts 2021, 87th Leg., R.S., Ch. 1044 (S.B. 1137), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 327 - Disclosure of Prices › Section 327.006. Monitoring and Enforcement

Sec. 327.006.  MONITORING AND ENFORCEMENT.  (a)  The commission shall monitor each facility's compliance with the requirements of this chapter using any of the following methods:
(1)  evaluating complaints made by persons to the commission regarding noncompliance with this chapter;
(2)  reviewing any analysis prepared regarding noncompliance with this chapter;
(3)  auditing the Internet websites of facilities for compliance with this chapter; and
(4)  confirming that each facility submitted the lists required under Section 327.005.
(b)  If the commission determines that a facility is not in compliance with a provision of this chapter, the commission may take any of the following actions, without regard to the order of the actions:
(1)  provide a written notice to the facility that clearly explains the manner in which the facility is not in compliance with this chapter;
(2)  request a corrective action plan from the facility if the facility has materially violated a provision of this chapter, as determined under Section 327.007; and
(3)  impose an administrative penalty on the facility and publicize the penalty on the commission's Internet website if the facility fails to:
(A)  respond to the commission's request to submit a corrective action plan; or
(B)  comply with the requirements of a corrective action plan submitted to the commission.
Added by Acts 2021, 87th Leg., R.S., Ch. 1044 (S.B. 1137), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 327 - Disclosure of Prices › Section 327.007. Material Violation; Corrective Action Plan

Sec. 327.007.  MATERIAL VIOLATION; CORRECTIVE ACTION PLAN.  (a)  A facility materially violates this chapter if the facility fails to:
(1)  comply with the requirements of Section 327.002; or
(2)  publicize the facility's standard charges in the form and manner required by Sections 327.003 and 327.004.
(b)  If the commission determines that a facility has materially violated this chapter, the commission may issue a notice of material violation to the facility and request that the facility submit a corrective action plan.  The notice must indicate the form and manner in which the corrective action plan must be submitted to the commission, and clearly state the date by which the facility must submit the plan.
(c)  A facility that receives a notice under Subsection (b) must:
(1)  submit a corrective action plan in the form and manner, and by the specified date, prescribed by the notice of violation; and
(2)  as soon as practicable after submission of a corrective action plan to the commission, act to comply with the plan.
(d)  A corrective action plan submitted to the commission must:
(1)  describe in detail the corrective action the facility will take to address any violation identified by the commission in the notice provided under Subsection (b); and
(2)  provide a date by which the facility will complete the corrective action described by Subdivision (1).
(e)  A corrective action plan is subject to review and approval by the commission.  After the commission reviews and approves a facility's corrective action plan, the commission may monitor and evaluate the facility's compliance with the plan.
(f)  A facility is considered to have failed to respond to the commission's request to submit a corrective action plan if the facility fails to submit a corrective action plan:
(1)  in the form and manner specified in the notice provided under Subsection (b); or
(2)  by the date specified in the notice provided under Subsection (b).
(g)  A facility is considered to have failed to comply with a corrective action plan if the facility fails to address a violation within the specified period of time contained in the plan.
Added by Acts 2021, 87th Leg., R.S., Ch. 1044 (S.B. 1137), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 327 - Disclosure of Prices › Section 327.008. Administrative Penalty

Sec. 327.008.  ADMINISTRATIVE PENALTY.  (a)  The commission may impose an administrative penalty on a facility in accordance with Chapter 241 if the facility fails to:
(1)  respond to the commission's request to submit a corrective action plan; or
(2)  comply with the requirements of a corrective action plan submitted to the commission.
(b)  The commission may impose an administrative penalty on a facility for a violation of each requirement of this chapter.  The commission shall set the penalty in an amount sufficient to ensure compliance by facilities with the provisions of this chapter subject to the limitations prescribed by Subsection (c).
(c)  For a facility with one of the following total gross revenues as reported to the Centers for Medicare and Medicaid Services or to another entity designated by commission rule in the year preceding the year in which a penalty is imposed, the penalty imposed by the commission may not exceed:
(1)  $10 for each day the facility violated this chapter, if the facility's total gross revenue is less than $10,000,000;
(2)  $100 for each day the facility violated this chapter, if the facility's total gross revenue is $10,000,000 or more and less than $100,000,000; and
(3)  $1,000 for each day the facility violated this chapter, if the facility's total gross revenue is $100,000,000 or more.
(d)  Each day a violation continues is considered a separate violation.
(e)  In determining the amount of the penalty, the commission shall consider:
(1)  previous violations by the facility's operator;
(2)  the seriousness of the violation;
(3)  the demonstrated good faith of the facility's operator; and
(4)  any other matters as justice may require.
(f)  An administrative penalty collected under this chapter shall be deposited to the credit of an account in the general revenue fund administered by the commission.  Money in the account may be appropriated only to the commission.
Added by Acts 2021, 87th Leg., R.S., Ch. 1044 (S.B. 1137), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle G - Provision of Services in Certain Facilities › Chapter 327 - Disclosure of Prices › Section 327.009. Legislative Recommendations

Sec. 327.009.  LEGISLATIVE RECOMMENDATIONS.  The commission may propose to the legislature recommendations for amending this chapter, including recommendations in response to amendments by the Centers for Medicare and Medicaid Services to 45 C.F.R. Part 180.
Added by Acts 2021, 87th Leg., R.S., Ch. 1044 (S.B. 1137), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle H - Health Facility Employees › Chapter 331 - Workplace Violence Prevention › Section 331.001. Definitions

Sec. 331.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Committee" means the workplace violence prevention committee or other committee responsible for developing a facility's workplace violence prevention plan under Section 331.002.
(3)  "Facility" means:
(A)  a home and community support services agency licensed or licensed and certified under Chapter 142 to provide home health services as defined by Section 142.001 that employs at least two registered nurses;
(B)  a hospital licensed under Chapter 241 and a hospital maintained or operated by an agency of this state that is exempt from licensing under that chapter;
(C)  a nursing facility licensed under Chapter 242 that employs at least two registered nurses;
(D)  an ambulatory surgical center licensed under Chapter 243;
(E)  a freestanding emergency medical care facility as defined by Section 254.001; and
(F)  a mental hospital licensed under Chapter 577.
Added by Acts 2023, 88th Leg., R.S., Ch. 31 (S.B. 240), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle H - Health Facility Employees › Chapter 331 - Workplace Violence Prevention › Section 331.002. Workplace Violence Prevention Committee

Sec. 331.002.  WORKPLACE VIOLENCE PREVENTION COMMITTEE.  (a)  Each facility shall establish a workplace violence prevention committee or authorize an existing facility committee to develop the workplace violence prevention plan required under Section 331.004.
(b)  A committee must include at least:
(1)  one registered nurse who provides direct care to patients of the facility;
(2)  except as provided by Subsection (c), one physician licensed to practice medicine in this state who provides direct care to patients of the facility; and
(3)  one facility employee who provides security services for the facility if any and if practicable.
(c)  If a facility described by Section 331.001(3)(A) does not have on staff at least one physician described by Subsection (b)(2), the facility is not required to include a physician on the committee.
(d)  A health care system that owns or operates more than one facility may establish a single committee for all of the system's facilities if:
(1)  the committee develops a violence prevention plan for implementation at each facility in the system; and
(2)  data related to violence prevention remains distinctly identifiable for each facility in the system.
Added by Acts 2023, 88th Leg., R.S., Ch. 31 (S.B. 240), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle H - Health Facility Employees › Chapter 331 - Workplace Violence Prevention › Section 331.003. Workplace Violence Prevention Policy

Sec. 331.003.  WORKPLACE VIOLENCE PREVENTION POLICY.  (a)  A facility shall adopt, implement, and enforce a written workplace violence prevention policy in accordance with this section to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the facility.
(b)  The workplace violence prevention policy must:
(1)  require the facility to:
(A)  provide significant consideration of the violence prevention plan recommended by the facility's committee; and
(B)  evaluate any existing facility violence prevention plan;
(2)  encourage health care providers and employees of the facility to provide confidential information on workplace violence to the committee;
(3)  include a process to protect from retaliation facility health care providers or employees who provide information to the committee; and
(4)  comply with commission rules relating to workplace violence.
Added by Acts 2023, 88th Leg., R.S., Ch. 31 (S.B. 240), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle H - Health Facility Employees › Chapter 331 - Workplace Violence Prevention › Section 331.004. Workplace Violence Prevention Plan

Sec. 331.004.  WORKPLACE VIOLENCE PREVENTION PLAN.  (a)  A facility shall adopt, implement, and enforce a written workplace violence prevention plan in accordance with this section to protect health care providers and employees from violent behavior and threats of violent behavior occurring at the facility.
(b)  A facility's workplace violence prevention plan must:
(1)  be based on the practice setting;
(2)  adopt a definition of "workplace violence" that includes:
(A)  an act or threat of physical force against a health care provider or employee that results in, or is likely to result in, physical injury or psychological trauma; and
(B)  an incident involving the use of a firearm or other dangerous weapon, regardless of whether a health care provider or employee is injured by the weapon;
(3)  require the facility to provide at least annually workplace violence prevention training or education that may be included in other required training or education provided to the facility's health care providers and employees who provide direct patient care;
(4)  prescribe a system for responding to and investigating violent incidents or potentially violent incidents at the facility;
(5)  address physical security and safety;
(6)  require the facility to solicit information from health care providers and employees when developing and implementing a workplace violence prevention plan;
(7)  allow health care providers and employees to report incidents of workplace violence through the facility's existing occurrence reporting systems; and
(8)  require the facility to adjust patient care assignments, to the extent practicable, to prevent a health care provider or employee of the facility from treating or providing services to a patient who has intentionally physically abused or threatened the provider or employee.
(c)  The written workplace violence prevention plan may satisfy the requirements of Subsection (b) by referencing other internal facility policies and documents.
(d)  A committee at least annually shall:
(1)  review and evaluate the workplace violence prevention plan; and
(2)  report the results of the evaluation to the governing body of the facility.
(e)  Each facility shall make available on request an electronic or printed copy of the facility's workplace violence prevention plan to each health care provider or employee of the facility. If the committee determines the plan contains information that would pose a security threat if made public, the committee may redact that information before providing the plan.
Added by Acts 2023, 88th Leg., R.S., Ch. 31 (S.B. 240), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle H - Health Facility Employees › Chapter 331 - Workplace Violence Prevention › Section 331.005. Responding to Incident of Workplace Violence

Sec. 331.005.  RESPONDING TO INCIDENT OF WORKPLACE VIOLENCE.  (a)  Following an incident of workplace violence, a facility shall at a minimum offer immediate post-incident services, including any necessary acute medical treatment for each health care provider or employee of the facility who is directly involved in the incident.
(b)  A facility may not discourage a health care provider or employee from exercising the provider's or employee's right to contact or file a report with law enforcement regarding an incident of workplace violence.
(c)  A person may not discipline, including by suspension or termination of employment, discriminate against, or retaliate against another person who:
(1)  in good faith reports an incident of workplace violence; or
(2)  advises a health care provider or employee of the provider's or employee's right to report an incident of workplace violence.
Added by Acts 2023, 88th Leg., R.S., Ch. 31 (S.B. 240), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle H - Health Facility Employees › Chapter 331 - Workplace Violence Prevention › Section 331.006. Enforcement

Sec. 331.006.  ENFORCEMENT.  An appropriate licensing agency may take disciplinary action against a person who violates this chapter as if the person violated an applicable licensing law.
Added by Acts 2023, 88th Leg., R.S., Ch. 31 (S.B. 240), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter A. General Provisions › Section 341.001. Definitions

Sec. 341.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(72), eff. April 2, 2015.
(2)  "Department" means the Department of State Health Services.
(3)  "Drinking water" means water distributed by an individual or public or private agency for human consumption, for use in preparing food or beverages, or for use in cleaning a utensil or article used in preparing food or beverages for, or consuming food or beverages by, human beings. The term includes water supplied for human consumption or used by an institution catering to the public.
(3-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Human excreta" means the urinary and bowel discharges of a human.
(5)  "Person" means an individual, corporation, organization, government, business trust, partnership, association, or any other legal entity.
(6)  "Privy" means a facility for the disposal of human excreta.
(7)  "Sanitary" means a condition of good order and cleanliness that precludes the probability of disease transmission.
(8)  "Septic tank" means a covered water-tight tank designed for sewage treatment.
(9)  "Toilet" means the hopper device for the deposit and discharge of human excreta into a water carriage system.
(10)  "Tourist court" means a camping place or group of two or more mobile or permanent housing units operated as rental property for the use of transient trade or trailer units housing humans.
(11)  "Water supply" means a source or reservoir of water distributed and used for human consumption.
(12)  "Water supply system operator" means a person who:
(A)  is trained in the purification or distribution of a public water supply;
(B)  has a practical working knowledge of the chemistry and bacteriology essential to the practical mechanics of water purification;  and
(C)  is capable of conducting and maintaining the purification processes in an efficient manner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0858, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(72), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter A. General Provisions › Section 341.002. Rules for Sanitation and Health Protection

Sec. 341.002.  RULES FOR SANITATION AND HEALTH PROTECTION.  The executive commissioner may:
(1)  adopt rules consistent with the purposes of this chapter; and
(2)  establish standards and procedures for the management and control of sanitation and for health protection measures.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0859, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter B. Nuisances and General Sanitation › Section 341.011. Nuisance

Sec. 341.011.  NUISANCE.  Each of the following is a public health nuisance:
(1)  a condition or place that is a breeding place for flies and that is in a populous area;
(2)  spoiled or diseased meats intended for human consumption;
(3)  a restaurant, food market, bakery, other place of business, or vehicle in which food is prepared, packed, stored, transported, sold, or served to the public and that is not constantly maintained in a sanitary condition;
(4)  a place, condition, or building controlled or operated by a state or local government agency that is not maintained in a sanitary condition;
(5)  sewage, human excreta, wastewater, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in disease transmission to a person or between persons;
(6)  a vehicle or container that is used to transport garbage, human excreta, or other organic material and that is defective and allows leakage or spilling of contents;
(7)  a collection of water in which mosquitoes are breeding in the limits of a municipality or a collection of water that is a breeding area for mosquitoes that can transmit diseases regardless of the collection's location other than a location or property where activities meeting the definition of Section 11.002(12)(A), Water Code, occur;
(8)  a condition that may be proven to injuriously affect the public health and that may directly or indirectly result from the operations of a bone boiling or fat rendering plant, tallow or soap works, or other similar establishment;
(9)  a place or condition harboring rats in a populous area;
(10)  the presence of ectoparasites, including bedbugs, lice, and mites, suspected to be disease carriers in a place in which sleeping accommodations are offered to the public;
(11)  the maintenance of an open surface privy or an overflowing septic tank so that the contents may be accessible to flies; and
(12)  an object, place, or condition that is a possible and probable medium of disease transmission to or between humans.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 130, Sec. 1, eff. May 27, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 346 (H.B. 819), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter B. Nuisances and General Sanitation › Section 341.012. Abatement of Nuisance

Sec. 341.012.  ABATEMENT OF NUISANCE.  (a)  A person shall abate a public health nuisance existing in or on a place the person possesses as soon as the person knows that the nuisance exists.
(b)  A local health authority who receives information and proof that a public health nuisance exists in the local health authority's jurisdiction shall issue a written notice ordering the abatement of the nuisance to any person responsible for the nuisance.  The local health authority shall at the same time send a copy of the notice to the local municipal, county, or district attorney.
(c)  The notice must specify the nature of the public health nuisance and designate a reasonable time within which the nuisance must be abated.
(d)  If the public health nuisance is not abated within the time specified by the notice, the local health authority shall notify the prosecuting attorney who received the copy of the original notice.  The prosecuting attorney:
(1)  shall immediately institute proceedings to abate the public health nuisance;  or
(2)  request the attorney general to institute the proceedings or provide assistance in the prosecution of the proceedings, including participation as an assistant prosecutor when appointed by the prosecuting attorney.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 648, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter B. Nuisances and General Sanitation › Section 341.013. Garbage, Refuse, and Other Waste

Sec. 341.013.  GARBAGE, REFUSE, AND OTHER WASTE.  (a)  Premises occupied or used as residences or for business or pleasure shall be kept in a sanitary condition.
(b)  Kitchen waste, laundry waste, or sewage may not be allowed to accumulate in, discharge into, or flow into a public place, gutter, street, or highway.
(c)  Waste products, offal, polluting material, spent chemicals, liquors, brines, garbage, rubbish, refuse, used tires, or other waste of any kind may not be stored, deposited, or disposed of in a manner that may cause the pollution of the surrounding land, the contamination of groundwater or surface water, or the breeding of insects or rodents.
(d)  A person using or permitting the use of land as a public dump shall provide for the covering or incineration of all animal or vegetable matter deposited on the land and for the disposition of other waste materials and rubbish to eliminate the possibility that those materials and rubbish might be a breeding place for insects or rodents.
(e)  A person may not permit vacant or abandoned property owned or controlled by the person to be in a condition that will create a public health nuisance or other condition prejudicial to the public health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter B. Nuisances and General Sanitation › Section 341.014. Disposal of Human Excreta

Sec. 341.014.  DISPOSAL OF HUMAN EXCRETA.  (a)  Human excreta in a populous area shall be disposed of through properly managed sewers, treatment tanks, chemical toilets, or privies constructed and maintained in conformity with the department's specifications, or by other methods approved by the department.  The disposal system shall be sufficient to prevent the pollution of surface soil, the contamination of a drinking water supply, the infection of flies or cockroaches, or the creation of any other public health nuisance.
(b)  Effluent from septic tanks constructed after September 4, 1945, shall be disposed of through:
(1)  a subsurface drainage field designed in accordance with good public health engineering practices;  or
(2)  any other method that does not create a public health nuisance.
(c)  A privy may not be constructed within 75 feet of a drinking water well or of a human habitation, other than a habitation to which the privy is appurtenant, without approval by the local health authority or the department. A privy may not be constructed or maintained over an abandoned well or over a stream.
(d)  The superstructure and floor surrounding the seat riser and hopper device of a privy constructed and maintained in conformity with the department's specifications shall be kept in a sanitary condition at all times and must have adequate lighting and ventilation.
(e)  Material and human excreta removed from a privy vault or from any other place shall be handled in a manner that does not create a public health nuisance.  The material and human excreta may not be deposited within 300 feet of a highway unless buried or treated in accordance with the instructions of the local health authority or the department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0860, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter B. Nuisances and General Sanitation › Section 341.015. Sanitation of Ice Plants

Sec. 341.015.  SANITATION OF ICE PLANTS.  (a)  A person may not go on the platform covering the tanks in which ice is frozen in an ice factory unless the person is an officer, employee, or other person whose duties require that action.
(b)  An employee whose services are required on tanks shall be provided with clean shoes or boots that may not be used for any other purpose.
(c)  Ice contaminated with sand, dirt, cinders, lint, or other foreign substance may not be sold or offered for sale for human consumption.
(d)  Water used in the manufacturing of ice must be from an approved source and be of a safe quality.
(e)  An ice plant operator shall provide sanitary handwashing and toilet facilities for the employees of the plant.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter B. Nuisances and General Sanitation › Section 341.016. Sanitation of Businesses; Occupational Health and Safety

Sec. 341.016.  SANITATION OF BUSINESSES;  OCCUPATIONAL HEALTH AND SAFETY.  (a)  A person may not use or permit to be used in a business, manufacturing establishment, or other place of employment a process, material, or condition known to have a possible adverse effect on the health of the person's employees unless arrangements have been made to maintain the occupational environment in a manner that such injury will not occur.
(b)  An industrial establishment shall be continually maintained in a sanitary condition.
(c)  The department shall make available to the state's citizens:
(1)  current information concerning minimum allowable concentrations of toxic gases;  and
(2)  environmental standards that relate to the health and safety of the employees of industrial establishments in this state.
(d)  The department shall survey industrial establishments to study industrial health and sanitation issues, including water supplies and distribution, waste disposal, and adverse conditions caused by processes that may cause ill health of industrial workers.
(e)  The department shall give each surveyed establishment a summary of the studies and findings under Subsection (d) and make necessary recommendations for the adequate protection of the health, safety, and well-being of the workers.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter B. Nuisances and General Sanitation › Section 341.017. Sanitation Facilities for Railroad Maintenance-of-Way Employees

Sec. 341.017.  SANITATION FACILITIES FOR RAILROAD MAINTENANCE-OF-WAY EMPLOYEES.  (a)  The executive commissioner shall adopt reasonable rules to require railroads to provide adequate sanitation facilities for railroad maintenance-of-way employees.
(b)  The department may sue in a court of competent jurisdiction to compel compliance with a rule adopted under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0861, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter B. Nuisances and General Sanitation › Section 341.018. Rodent Control

Sec. 341.018.  RODENT CONTROL.  (a)  A person who possesses an enclosed structure used or operated for public trade and who knows that the structure is infested with rodents shall:
(1)  attempt to exterminate the rodents by poisoning, trapping, fumigating, or other appropriate means;  and
(2)  provide every practical means of eliminating rats in the structure.
(b)  A public building that is constructed after September 4, 1945, must incorporate rat-proofing features.
(c)  The department shall promote rodent control programs in rat-infested areas and in localities in which typhus fever has appeared.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0862, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter B. Nuisances and General Sanitation › Section 341.019. Mosquito Control on Uninhabited Residential Property

Sec. 341.019.  MOSQUITO CONTROL ON UNINHABITED RESIDENTIAL PROPERTY.  (a)  Notwithstanding any other law, a municipality, county, or other local health authority may abate, without notice, a public health nuisance under Section 341.011(7) that:
(1)  is located on residential property that is reasonably presumed to be abandoned or that is uninhabited due to foreclosure; and
(2)  is an immediate danger to the health, life, or safety of any person.
(b)  A public official, agent, or employee charged with the enforcement of health, environmental, or safety laws may enter the premises described by Subsection (a) at a reasonable time to inspect, investigate, or abate the nuisance.
(c)  In this section, abatement is limited to the treatment with a mosquito larvicide of stagnant water in which mosquitoes are breeding.
(d)  The public official, agent, or employee shall post on the front door of the residence a notice stating:
(1)  the identity of the treating authority;
(2)  the purpose and date of the treatment;
(3)  a description of the areas of the property treated with larvicide;
(4)  the type of larvicide used; and
(5)  any known risks of the larvicide to humans or animals.
Added by Acts 2013, 83rd Leg., R.S., Ch. 16 (S.B. 186), Sec. 1, eff. May 10, 2013.