H.B. No. 2264
    1-1                                AN ACT
    1-2  relating to representation of the office of the state long-term
    1-3  care ombudsman of the Department on Aging.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 101.051, Human Resources Code, is amended
    1-6  by amending Subdivision (4) and adding Subdivision (5) to read as
    1-7  follows:
    1-8              (4)  "Representative" means an employee or volunteer
    1-9  specifically designated by the office as a representative of the
   1-10  office.
   1-11              (5)  "State ombudsman" means the chief administrator of
   1-12  the office.
   1-13        SECTION 2.  Section 101.055, Human Resources Code, is amended
   1-14  to read as follows:
   1-15        Sec. 101.055.  LEGAL ASSISTANCE.  The department shall ensure
   1-16  that the office receives adequate legal advice and representation.
   1-17  The attorney general shall represent the ombudsman or a
   1-18  representative if a suit or other legal action is brought or
   1-19  threatened to be brought against that person in connection with the
   1-20  person's performance of the official duties of the office.
   1-21        SECTION 3.  Section 101.063, Human Resources Code, is amended
   1-22  to read as follows:
   1-23        Sec. 101.063.  LIMITATION OF LIABILITY.  An ombudsman or a
    2-1  representative is not liable for civil damages or subject to
    2-2  criminal prosecution for performing official duties unless the
    2-3  ombudsman or representative acts in bad faith or with a malicious
    2-4  purpose.
    2-5        SECTION 4.  Subchapter C, Chapter 101, Human Resources Code,
    2-6  as added by Section 1, Chapter 159, Acts of the 71st Legislature,
    2-7  Regular Session, 1989, is redesignated as Subchapter D.
    2-8        SECTION 5.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended,
   2-13  and that this Act take effect and be in force from and after its
   2-14  passage, and it is so enacted.