By:  Moncrief                                           S.B. No. 29
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to procedural requirements regarding and licensing fees
    1-2  charged a convalescent or nursing home or related institution;
    1-3  making an appropriation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 242.034, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 242.034.  LICENSE FEES.  (a)  The board may establish by
    1-8  rule license fees for institutions licensed by the department under
    1-9  this chapter.  The license fee shall consist of a base fee <is $50>
   1-10  plus a separate fee <$2> for each unit of capacity or bed space for
   1-11  which a license is sought.  The board must establish fees in
   1-12  amounts to allow the department to recover the annual cost to the
   1-13  department of administering and enforcing this chapter.  An
   1-14  additional license fee may be charged as provided by Section
   1-15  242.097.
   1-16        (b)  The license fee must be paid <annually> with each
   1-17  application for an initial license, a renewal <of the
   1-18  institution's> license, or a change of ownership license.
   1-19        (c)  The state is not required to pay the license fee.
   1-20        (d)  A change in chief executive officer, director, or
   1-21  administrator or an <An> approved increase in bed space are <is>
   1-22  subject to an additional fee.
   1-23        (e)  Except as provided by Section 242.097, all license fees
    2-1  collected shall be deposited in the state treasury to the credit of
    2-2  the department and may be appropriated to the department only to
    2-3  administer and enforce this chapter.
    2-4        (f)  The license fees established by the board are an
    2-5  allowable cost for reimbursement under the medical assistance
    2-6  program administered by the Texas Department of Human Services
    2-7  under Chapter 32, Human Resources Code.
    2-8        SECTION 2.  Section 242.094, Health and Safety Code, is
    2-9  amended by adding Subsection (e) to read as follows:
   2-10        (e)  Venue for actions brought under this section shall be in
   2-11  Travis County.
   2-12        SECTION 3.  All money credited to the Texas Department of
   2-13  Health under Section 242.034, Health and Safety Code, during the
   2-14  fiscal biennium ending August 31, 1995, is appropriated to the
   2-15  Texas Department of Health to be used only for the administration
   2-16  and enforcement of the licensing program authorized by Chapter 242,
   2-17  Health and Safety Code.
   2-18        SECTION 4.  This Act takes effect September 1, 1993, and
   2-19  applies only to a license fee due on or after that date.  A license
   2-20  fee due before the effective date of this Act is governed by the
   2-21  law in effect when the license fee became due, and the former law
   2-22  is continued in effect for this purpose.
   2-23        SECTION 5.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.