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 -------------------------------------------------------------------