1-1  By:  Naishtat (Senate Sponsor - Carriker)             H.B. No. 2264
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on Health
    1-4  and Human Services; May 7, 1993, reported favorably by the
    1-5  following vote:  Yeas 8, Nays 0; May 7, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Zaffirini          x                               
    1-9        Ellis              x                               
   1-10        Madla              x                               
   1-11        Moncrief           x                               
   1-12        Nelson             x                               
   1-13        Patterson          x                               
   1-14        Shelley                                       x    
   1-15        Truan              x                               
   1-16        Wentworth          x                               
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to representation of the office of the state long-term
   1-20  care ombudsman of the Department on Aging.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Section 101.051, Human Resources Code, is amended
   1-23  by amending Subdivision (4) and adding Subdivision (5) to read as
   1-24  follows:
   1-25              (4)  "Representative" means an employee or volunteer
   1-26  specifically designated by the office as a representative of the
   1-27  office.
   1-28              (5)  "State ombudsman" means the chief administrator of
   1-29  the office.
   1-30        SECTION 2.  Section 101.055, Human Resources Code, is amended
   1-31  to read as follows:
   1-32        Sec. 101.055.  LEGAL ASSISTANCE.  The department shall ensure
   1-33  that the office receives adequate legal advice and representation.
   1-34  The attorney general shall represent the ombudsman or a
   1-35  representative if a suit or other legal action is brought or
   1-36  threatened to be brought against that person in connection with the
   1-37  person's performance of the official duties of the office.
   1-38        SECTION 3.  Section 101.063, Human Resources Code, is amended
   1-39  to read as follows:
   1-40        Sec. 101.063.  LIMITATION OF LIABILITY.  An ombudsman or a
   1-41  representative is not liable for civil damages or subject to
   1-42  criminal prosecution for performing official duties unless the
   1-43  ombudsman or representative acts in bad faith or with a malicious
   1-44  purpose.
   1-45        SECTION 4.  Subchapter C, Chapter 101, Human Resources Code,
   1-46  as added by Section 1, Chapter 159, Acts of the 71st Legislature,
   1-47  Regular Session, 1989, is redesignated as Subchapter D.
   1-48        SECTION 5.  The importance of this legislation and the
   1-49  crowded condition of the calendars in both houses create an
   1-50  emergency and an imperative public necessity that the
   1-51  constitutional rule requiring bills to be read on three several
   1-52  days in each house be suspended, and this rule is hereby suspended,
   1-53  and that this Act take effect and be in force from and after its
   1-54  passage, and it is so enacted.
   1-55                               * * * * *
   1-56                                                         Austin,
   1-57  Texas
   1-58                                                         May 7, 1993
   1-59  Hon. Bob Bullock
   1-60  President of the Senate
   1-61  Sir:
   1-62  We, your Committee on Health and Human Services to which was
   1-63  referred H.B. No. 2264, have had the same under consideration, and
   1-64  I am instructed to report it back to the Senate with the
   1-65  recommendation that it do pass and be printed.
   1-66                                                         Moncrief,
   1-67  Acting Chair
   1-68                               * * * * *
    2-1                               WITNESSES
    2-2                                                  FOR   AGAINST  ON
    2-3  ___________________________________________________________________
    2-4  Name:  John Willis                               x
    2-5  Representing:  Tx Dept on Aging
    2-6  City:  Austin
    2-7  -------------------------------------------------------------------
    2-8  Name:  Dewey Helmcamp                                          x
    2-9  Representing:  Texas Attorney General's Office
   2-10  City:  Austin
   2-11  -------------------------------------------------------------------
   2-12  Name:  Patrick Bresette                          x       x
   2-13  Representing:  Center Public Policy Prioriti
   2-14  City:  Austin
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