By Naishtat H.B. No. 2264
A BILL TO BE ENTITLED
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, Chapter
1-6 159, Acts of the 71st Legislature, Regular Session, 1989, is
1-7 amended by adding subsection 5 to read as follows:
1-8 (5) "Representative" means an employee or volunteer
1-9 who is individually so designated by the office of the state
1-10 long-term care ombudsman.
1-11 SECTION 2. Section 101.055, Human Resources Code, Chapter
1-12 159, Acts of the 71st Legislature, Regular Session, 1989, is
1-13 amended to read as follows:
1-14 The department shall ensure that the office receives adequate
1-15 legal advice and representation. The office of the attorney
1-16 general shall represent the ombudsman and any representative of the
1-17 office against whom suit or other legal action is brought or
1-18 threatened to be brought in connection with his or her performance
1-19 of the official duties of the office.
1-20 SECTION 3. Section 101.063 of the Human Resources Code,
1-21 Chapter 159, Acts of the 71st Legislature, Regular Session, 1989,
1-22 is amended to read as follows:
1-23 An ombudsman or representative of the office is not liable
2-1 for civil damages or subject to criminal prosecution for performing
2-2 official duties unless the ombudsman or represemtative acts in bad
2-3 faith or with a malicious purpose.
2-4 SECTION 4. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create in
2-6 emergency and in imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.