87R12506 EAS-F     By: Miles S.B. No. 1871       A BILL TO BE ENTITLED   AN ACT   relating to penalties for violating certain county and municipal   regulations regarding the operation of a boarding home facility;   imposing a civil penalty; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 260.005, Health and   Safety Code, is amended to read as follows:          Sec. 260.005.  PERMIT PROCEDURES; FEES[; FINES].          SECTION 2.  Sections 260.005(b) and (c), Health and Safety   Code, are amended to read as follows:          (b)  A county or municipality that requires a person to   obtain a boarding home facility permit as authorized under Section   260.004 may set reasonable fees for issuance of the permit, renewal   of the permit, and inspections [and may impose fines for   noncompliance with the county or municipal boarding home facility   regulations]. The fees collected [and fines imposed] by the county   or municipality must be used to administer the county or municipal   permitting program or for other purposes directly related to   providing boarding home facility or other assisted living services   to elderly persons and persons with disabilities.          (c)  A person required to obtain a boarding home facility   permit from a county or municipality as authorized under Section   260.004 shall pay all [any] fees required [or fines imposed] by the   county or municipality.          SECTION 3.  Chapter 260, Health and Safety Code, is amended   by adding Sections 260.0051 and 260.0052 to read as follows:          Sec. 260.0051.  CIVIL PENALTIES. (a) This section applies   only to a county or municipality that requires a person to obtain a   permit to operate a boarding home facility as authorized by Section   260.004.          (b)  A person who violates a county or municipal boarding   home facility regulation is liable for a civil penalty of not more   than $1,000 for each violation. Each day a violation continues is   considered a separate violation for purposes of assessing the civil   penalty.          (c)  A municipality or county may bring suit in a district   court to recover a civil penalty authorized by Subsection (b).           (d)  The appropriate attorney representing the county or   municipality in the district court may seek injunctive relief to   prevent the violation or threatened violation of a county or   municipal boarding home facility regulation.           Sec. 260.0052.  CRIMINAL OFFENSE. (a) This section applies   only to a county or municipality that requires a person to obtain a   permit to operate a boarding home facility as authorized by Section   260.004.          (b)  A person commits an offense if the person owns or   operates a boarding home and intentionally or knowingly violates a   county or municipal boarding home facility regulation.          (c)  An offense under this section is:                (1)  a misdemeanor punishable by:                      (A)  a fine not to exceed $500; or                       (B)  confinement in jail for a term not to exceed   one day; or                      (C)  both the fine and confinement;                (2)  a Class B misdemeanor if it is shown on the trial   of the offense that the defendant has been previously convicted   under this section two times; or                (3)  a Class A misdemeanor if it is shown on the trial   of the offense that the defendant has been previously convicted   under this section three or more times.          SECTION 4.  The change in law made by this Act applies to a   violation of a county or municipal boarding home facility   regulation that occurs on or after the effective date of this Act.   A violation that occurs before the effective date of this Act is   governed by the law in effect on the date the violation occurred,   and the former law is continued in effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2021.