1-1 By: Wentworth S.B. No. 281
1-2 (In the Senate - Filed February 8, 1993; February 9, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 1, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 April 1, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 281 By: Wentworth
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to exempting certain facilities from licensure under the
1-22 Personal Care Facility Licensing Act.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 247.004, Health and Safety Code, is
1-25 amended to read as follows:
1-26 Sec. 247.004. EXEMPTIONS <EXEMPTION>. This chapter does not
1-27 apply to:
1-28 (1) a boarding facility that has rooms for rent and
1-29 that may offer community meals but that does not provide personal
1-30 care services;
1-31 (2) an establishment conducted by or for the adherents
1-32 of the Church of Christ, Scientist, for the purpose of providing
1-33 facilities for the care or treatment of the sick who depend
1-34 exclusively on prayer or spiritual means for healing without the
1-35 use of any drug or material remedy if the establishment complies
1-36 with local safety, sanitary, and quarantine ordinances and
1-37 regulations; or
1-38 (3) a facility conducted by or for the adherents of a
1-39 qualified religious society classified as a tax-exempt organization
1-40 under an Internal Revenue Service group exemption ruling for the
1-41 purpose of providing personal care services without charge solely
1-42 for the society's professed members or ministers in retirement, if
1-43 the facility complies with local safety, sanitation, and quarantine
1-44 ordinances and regulations.
1-45 SECTION 2. Section 247.002, Health and Safety Code, is
1-46 amended by adding Subdivision (5) to read as follows:
1-47 (5) "Qualified religious society" means a church,
1-48 synagogue, or other organization or association that is organized
1-49 primarily for religious purposes and that:
1-50 (A) has been in existence in this state for at
1-51 least 35 years; and
1-52 (B) does not distribute any of its income to its
1-53 members, officers, or governing body other than as reasonable
1-54 compensation for services or reimbursement of expenses.
1-55 SECTION 3. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *
1-63 Austin,
1-64 Texas
1-65 April 1, 1993
1-66 Hon. Bob Bullock
1-67 President of the Senate
1-68 Sir:
2-1 We, your Committee on Health and Human Services to which was
2-2 referred S.B. No. 281, have had the same under consideration, and I
2-3 am instructed to report it back to the Senate with the
2-4 recommendation that it do not pass, but that the Committee
2-5 Substitute adopted in lieu thereof do pass and be printed.
2-6 Zaffirini,
2-7 Chair
2-8 * * * * *
2-9 WITNESSES
2-10 FOR AGAINST ON
2-11 ___________________________________________________________________
2-12 Name: Richard Daly x
2-13 Representing: Texas Catholic Conference
2-14 City: Austin
2-15 -------------------------------------------------------------------
2-16 Name: Sister Charlene Wedelich x x
2-17 Representing: Archdiocese of S.A.
2-18 City: San Antonio
2-19 -------------------------------------------------------------------
2-20 Name: Sister Marie Andre Walsh x x
2-21 Representing: Diocese of Austin
2-22 City: Austin
2-23 -------------------------------------------------------------------
2-24 Name: John Hueffner x x
2-25 Representing: Christian Scientists in Tx
2-26 City: Dallas
2-27 -------------------------------------------------------------------
2-28 Name: Mary Cheney x
2-29 Representing: Texas Catholic Conference
2-30 City: Austin
2-31 -------------------------------------------------------------------
2-32 Name: Christine Devall x
2-33 Representing: Mental Health Assn. of Tx
2-34 City: Austin
2-35 -------------------------------------------------------------------
2-36 Name: Susan Steeg x
2-37 Representing: TDH
2-38 City: Austin
2-39 -------------------------------------------------------------------