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
2-15 -------------------------------------------------------------------