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A BILL TO BE ENTITLED
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AN ACT
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relating to inspection procedures in and a legislative oversight |
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committee for certain long-term care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 247.027, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) An officer or employee of an assisted living facility |
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may require a commission inspector who is a licensed health care |
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professional to provide proof of licensure before the inspector |
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conducts an inspection of the facility. |
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(d) A commission inspector shall include on the |
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commission's inspection checklist: |
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(1) a brief description of the evidence supporting |
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each cited violation; and |
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(2) the name and title of the person who discovered |
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each cited violation. |
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(e) The executive commissioner shall: |
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(1) adopt rules to ensure that among the commission's |
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community services regions the commission uniformly administers |
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inspections and consistently interprets and enforces the laws and |
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rules regulating assisted living facilities; and |
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(2) prepare and deliver a semiannual progress report |
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on uniform administration, interpretation, and enforcement to |
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appropriate health and human services legislative standing |
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committees. |
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SECTION 2. Section 247.0271, Health and Safety Code, is |
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amended by adding Subsections (c-1) and (e) to read as follows: |
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(c-1) The inspector may not: |
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(1) conduct an additional inspection during an |
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additional exit conference; or |
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(2) use an additional exit conference to retaliate |
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against an assisted living facility for: |
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(A) filing a complaint against the commission or |
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the inspector regarding an inspection; or |
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(B) requesting an administrative hearing to |
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contest a cited violation. |
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(e) The inspector may not require an assisted living |
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facility, through an inspection or the final official statement of |
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violations, to take any action that conflicts with a written order |
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of a physician. A facility in the facility's plan of correction |
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shall provide evidence that the statement of violations conflicts |
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with the physician's written order. A facility is not required to |
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correct a violation that conflicts with the physician's written |
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order. |
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SECTION 3. Section 252.040, Health and Safety Code, is |
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amended by amending Subsection (i) and adding Subsections (j) and |
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(k) to read as follows: |
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(i) The commission [department] shall have specialized |
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staff conduct inspections, surveys, or investigations of |
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facilities under this section. An officer or employee of a facility |
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may require a commission representative who is a licensed health |
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care professional to provide proof of licensure before the |
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representative conducts an inspection, survey, or investigation of |
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the facility. |
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(j) The commission or the commission's representative shall |
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include on the commission's inspection form: |
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(1) a brief description of the evidence supporting |
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each cited violation; and |
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(2) the name and title of the person who discovered |
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each cited violation. |
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(k) The executive commissioner shall: |
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(1) adopt rules to ensure that among the commission's |
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community services regions the commission uniformly administers |
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inspections, surveys, and investigations and consistently |
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interprets and enforces the laws and rules regulating facilities |
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licensed under this chapter; and |
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(2) prepare and deliver a semiannual progress report |
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on uniform administration, interpretation, and enforcement to the |
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appropriate health and human services legislative standing |
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committees. |
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SECTION 4. Section 252.044, Health and Safety Code, is |
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amended by adding Subsections (b-1) and (d) to read as follows: |
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(b-1) The commission or the commission's representative may |
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not: |
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(1) conduct an additional inspection, survey, or |
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investigation during an additional exit conference; or |
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(2) use an additional exit conference to retaliate |
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against a facility for: |
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(A) filing a complaint against the commission or |
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the commission's representative regarding an inspection, survey, |
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or investigation; or |
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(B) requesting an administrative hearing to |
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contest a cited violation. |
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(d) The commission or the commission's representative may |
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not require a facility, through an inspection, survey, or |
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investigation or the final official statement of violations, to |
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take any action that conflicts with a written order of a physician. |
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A facility in the facility's plan to correct violations shall |
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provide evidence that the statement of violations conflicts with |
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the physician's written order. A facility is not required to |
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correct a violation that conflicts with the physician's written |
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order. |
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SECTION 5. Chapter 531, Government Code, is amended by |
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adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. LONG-TERM CARE LEGISLATIVE OVERSIGHT COMMITTEE |
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Sec. 531.181. DEFINITIONS. In this subchapter: |
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(1) "Committee" means the long-term care legislative |
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oversight committee. |
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(2) "Facility" means: |
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(A) a nursing facility licensed under Chapter |
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242, Health and Safety Code; |
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(B) an assisted living facility licensed under |
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Chapter 247, Health and Safety Code; and |
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(C) an intermediate care facility licensed under |
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Chapter 252, Health and Safety Code. |
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Sec. 531.182. COMPOSITION OF COMMITTEE; PRESIDING OFFICER. |
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(a) The committee is composed of: |
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(1) two members of the senate and one public member |
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appointed by the lieutenant governor; and |
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(2) two members of the house of representatives and |
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one public member appointed by the speaker of the house of |
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representatives. |
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(b) A member of the committee serves at the pleasure of the |
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appointing official. |
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(c) The lieutenant governor and the speaker of the house of |
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representatives shall alternate appointing the presiding officer |
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of the committee. The presiding officer shall serve a two-year term |
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expiring February 1 of each odd-numbered year. |
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Sec. 531.183. COMMITTEE POWERS AND DUTIES. (a) The |
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committee shall: |
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(1) meet at the call of the presiding officer; |
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(2) receive, review, and comment on rules proposed by |
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the executive commissioner; and |
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(3) review recommendations for legislation proposed |
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by the commission or the attorney general relating to facilities. |
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(b) Notwithstanding Chapter 551 or any other law, the |
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committee may meet by telephone conference call, videoconference, |
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or other similar telecommunication method. A meeting held by |
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telephone conference call, videoconference, or other similar |
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telecommunication method is subject to the requirements of Sections |
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551.125(c), (d), (e), and (f). |
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(c) The committee may hear a facility's complaint regarding |
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an operational dispute and make a recommendation to the commission. |
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(d) The committee may issue process, in accordance with |
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Section 301.024, to compel the attendance of witnesses and the |
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production of books, records, documents, and instruments required |
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by the committee. |
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(e) The committee may monitor the effectiveness and |
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efficiency of the facility regulatory system of this state. |
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(f) The committee may propose legislation relating to |
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facilities. |
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(g) The committee may request reports and other information |
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from the commission and the attorney general relating to: |
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(1) the facility regulatory and enforcement system of |
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this state; |
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(2) the standards for including a facility in the |
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STAR+PLUS Medicaid managed care program; and |
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(3) the effectiveness of the STAR+PLUS Medicaid |
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managed care program in reducing preventable acute care costs. |
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(h) The committee shall use the existing staff resources of |
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the senate and the house of representatives to assist the committee |
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in performing its duties under this section. |
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Sec. 531.184. REPORT. (a) The committee shall submit a |
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report to the governor, lieutenant governor, and speaker of the |
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house of representatives not later than November 15 of each |
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even-numbered year. |
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(b) The report must: |
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(1) identify any significant problems in the facility |
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regulatory and enforcement system, with recommendations for |
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action; |
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(2) examine the effectiveness and efficiency of the |
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facility regulatory system of this state, with recommendations for |
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action; and |
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(3) include recommendations for any necessary or |
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appropriate legislative action. |
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Sec. 531.185. EXPIRATION. This subchapter expires |
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September 1, 2025. |
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SECTION 6. (a) As soon as practicable after the effective |
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date of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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the changes in law made by this Act. |
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(b) Not later than December 1, 2021, the Health and Human |
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Services Commission shall modify inspection forms to conform to the |
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requirements of this Act. |
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(c) The changes in law made by this Act apply only to an |
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inspection, survey, or investigation conducted on or after January |
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1, 2022. |
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(d) As soon as practicable after the effective date of this |
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Act, the lieutenant governor and the speaker of the house of |
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representatives shall appoint members to the long-term care |
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legislative oversight committee as required by Subchapter E-1, |
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Chapter 531, Government Code, as added by this Act. The speaker of |
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the house of representatives shall appoint the first presiding |
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officer of the committee. |
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SECTION 7. This Act takes effect September 1, 2021. |