Texas § 242.070 APPLICATION OF OTHER LAW.

Texas Statutes

§ 242.070 — APPLICATION OF OTHER LAW.

Texas § 242.070

Code HSHealth and Safety Code

This text of Texas § 242.070 (APPLICATION OF OTHER LAW.) 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. § 242.070 (2026).

Text

Sec. 242.070. APPLICATION OF OTHER LAW.

(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 facil

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Sec. 242.070. APPLICATION OF OTHER LAW. (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.

Legislative 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.