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
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   2-16  Name:  Sister Charlene Wedelich                  x             x
   2-17  Representing:  Archdiocese of S.A.
   2-18  City:  San Antonio
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   2-20  Name:  Sister Marie Andre Walsh                  x             x
   2-21  Representing:  Diocese of Austin
   2-22  City:  Austin
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   2-24  Name:  John Hueffner                             x             x
   2-25  Representing:  Christian Scientists in Tx
   2-26  City:  Dallas
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   2-28  Name:  Mary Cheney                                             x
   2-29  Representing:  Texas Catholic Conference
   2-30  City:  Austin
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   2-32  Name:  Christine Devall                                  x
   2-33  Representing:  Mental Health Assn. of Tx
   2-34  City:  Austin
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   2-36  Name:  Susan Steeg                                             x
   2-37  Representing:  TDH
   2-38  City:  Austin
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