Texas § 241.055 CIVIL PENALTY.

Texas Statutes

§ 241.055 — CIVIL PENALTY.

Texas § 241.055

Code HSHealth and Safety Code

This text of Texas § 241.055 (CIVIL PENALTY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 241.055 (2026).

Text

Sec. 241.055. CIVIL PENALTY.

(a)A hospital shall timely adopt, implement, and enforce a patient transfer policy in accordance with Section 241.027 . A hospital may implement patient transfer agreements in accordance with Section 241.028 .

(b)A hospital that violates Subsection (a), another provision of this chapter, or a rule adopted or enforced under this chapter is liable for a civil penalty of not more than $1,000 for each day of violation and for each act of violation. A hospital that violates this chapter or a rule or order adopted under this chapter relating to the provision of mental health, chemical dependency, or rehabilitation services is liable for a civil penalty of not more than $25,000 for each day of violation and for each act of violation.

(c)In determining the amount of

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Sec. 241.055. CIVIL PENALTY. (a) A hospital shall timely adopt, implement, and enforce a patient transfer policy in accordance with Section 241.027 . A hospital may implement patient transfer agreements in accordance with Section 241.028 .
(b) A hospital that violates Subsection (a), another provision of this chapter, or a rule adopted or enforced under this chapter is liable for a civil penalty of not more than $1,000 for each day of violation and for each act of violation. A hospital that violates this chapter or a rule or order adopted under this chapter relating to the provision of mental health, chemical dependency, or rehabilitation services is liable for a civil penalty of not more than $25,000 for each day of violation and for each act of violation.
(c) In determining the amount of the penalty, the district court shall consider:
(1) the hospital'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 hospital; and
(5) the amount necessary to deter future violations.
(d) A penalty collected under this section by the attorney general shall be deposited to the credit of the general revenue fund. A penalty collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard.

Legislative History

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 86, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 584, Sec. 11, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 705, Sec. 3.03, eff. Sept. 1, 1993.