1-1  By:  Moncrief                                          S.B. No. 674
    1-2        (In the Senate - Filed March 8, 1993; March 9, 1993, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  May 3, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; May 3, 1993,
    1-6  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. 674                 By:  Moncrief
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the regulation of health professions, including the
   1-22  profession of nursing facility administration, and to the abolition
   1-23  of the Texas Board of Licensure for Nursing Home Administrators;
   1-24  providing penalties.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26                ARTICLE 1.  HEALTH PROFESSIONS COUNCIL
   1-27        SECTION 1.01.  Title 71, Revised Statutes, is amended by
   1-28  adding Article 4512p to read as follows:
   1-29        Art. 4512p.  HEALTH PROFESSIONS COUNCIL
   1-30        Sec. 1.  HEALTH PROFESSIONS COUNCIL.  (a)  The Health
   1-31  Professions Council shall administer the functions provided by this
   1-32  article and provide a means for the boards represented on the
   1-33  council to coordinate the boards' administrative and regulatory
   1-34  efforts.
   1-35        (b)  The council consists of the executive director or the
   1-36  equivalent official or the designee of the executive director or
   1-37  the equivalent official of:
   1-38              (1)  the Texas Board of Chiropractic Examiners;
   1-39              (2)  the State Board of Dental Examiners;
   1-40              (3)  the Texas Optometry Board;
   1-41              (4)  the State Board of Pharmacy;
   1-42              (5)  the Texas State Board of Podiatry Examiners;
   1-43              (6)  the State Board of Veterinary Medical Examiners;
   1-44              (7)  the Texas State Board of Medical Examiners;
   1-45              (8)  the Board of Nurse Examiners;
   1-46              (9)  the Texas State Board of Examiners of
   1-47  Psychologists;
   1-48              (10)  the Board of Vocational Nurse Examiners;
   1-49              (11)  the entity that regulates the practice of
   1-50  physical therapy; and
   1-51              (12)  the entity that regulates the practice of
   1-52  occupational therapy.
   1-53        (c)  The council shall elect from the council's members a
   1-54  presiding officer and assistant presiding officer to conduct the
   1-55  business of the council.
   1-56        (d)  A member of the council is not entitled to compensation
   1-57  or a per diem for the member's service on the council.
   1-58        (e)  The council may employ staff or designate staff for the
   1-59  council from the employees of the boards listed by Subsection (b)
   1-60  of this section as necessary for the council to carry out the
   1-61  council's responsibilities.
   1-62        (f)  The council shall adopt an annual budget that is funded
   1-63  by a prorated assessment paid by the boards listed by Subsection
   1-64  (b) of this section.
   1-65        Sec. 2.  TOLL-FREE TELEPHONE COMPLAINT SYSTEM.  (a)  The
   1-66  council shall establish and operate a toll-free telephone complaint
   1-67  system to provide assistance and referral services for persons
   1-68  making a complaint relating to a health profession regulated by the
    2-1  state.
    2-2        (b)  After the establishment of a toll-free telephone
    2-3  complaint system under this section, an agency of the state that
    2-4  regulates a health profession shall be required to list the
    2-5  toll-free telephone number of the system with the agency's regular
    2-6  telephone number.
    2-7        Sec. 3.  TRAINING AND GUIDELINES FOR MEMBERS OF STATE BOARDS
    2-8  AND COMMISSIONS.  (a)  The council shall establish a training
    2-9  program for the members of the boards and commissions in the state
   2-10  that regulate health professions.
   2-11        (b)  Before a member of a board or commission that regulates
   2-12  a health profession may assume the member's duties, the member must
   2-13  complete at least one course of the training program established
   2-14  under this section, and before the member may be confirmed by the
   2-15  senate, the member must pass an examination given in conjunction
   2-16  with the attorney general on subjects described by Subsections
   2-17  (c)(7), (8), and (9) of this section.
   2-18        (c)  A training program established under this section shall
   2-19  provide information to a participant regarding:
   2-20              (1)  the enabling legislation that created the board or
   2-21  commission to which the member is appointed;
   2-22              (2)  the programs operated by that state agency;
   2-23              (3)  the role and functions of that state agency;
   2-24              (4)  the rules of that state agency with an emphasis on
   2-25  the rules that relate to disciplinary and investigatory authority;
   2-26              (5)  the current budget for that state agency;
   2-27              (6)  the results of the most recent formal audit of
   2-28  that state agency;
   2-29              (7)  the requirements of the:
   2-30                    (A)  open meetings law, Chapter 271, Acts of the
   2-31  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   2-32  Texas Civil Statutes), and its subsequent amendments;
   2-33                    (B)  open records law, Chapter 424, Acts of the
   2-34  63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
   2-35  Texas Civil Statutes), and its subsequent amendments; and
   2-36                    (C)  Administrative Procedure and Texas Register
   2-37  Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   2-38  subsequent amendments;
   2-39              (8)  the requirements of the conflict of interest laws
   2-40  and other laws relating to public officials; and
   2-41              (9)  any applicable ethics policies adopted by that
   2-42  state agency or the Texas Ethics Commission.
   2-43        Sec. 4.  UNLAWFUL FALSE, MISLEADING, OR DECEPTIVE
   2-44  ADVERTISING.  (a)  Advertising that is false, misleading, or
   2-45  deceptive or that is not readily subject to verification is
   2-46  declared unlawful and is subject to action by the appropriate
   2-47  health licensing agency as a ground for revocation or denial of a
   2-48  license and subject to action by the consumer protection division
   2-49  of the office of the attorney general under Sections 17.47, 17.58,
   2-50  17.60, and 17.61, Business & Commerce Code.
   2-51        (b)  False, misleading, or deceptive advertising or
   2-52  advertising that is not readily subject to verification includes
   2-53  advertising that:
   2-54              (1)  makes a material misrepresentation of fact or
   2-55  omits a fact necessary to make the statement as a whole not
   2-56  materially misleading;
   2-57              (2)  makes a representation likely to create an
   2-58  unjustified expectation about the results of a health care service
   2-59  or procedure;
   2-60              (3)  compares a health care professional's services
   2-61  with another health care professional's services unless the
   2-62  comparison can be factually substantiated;
   2-63              (4)  contains a testimonial;
   2-64              (5)  causes confusion or misunderstanding as to the
   2-65  credentials, education, or licensure of a health care professional;
   2-66              (6)  advertises or represents that health care
   2-67  insurance deductibles or copayments may be waived or are not
   2-68  applicable to health care services to be provided if the
   2-69  deductibles or copayments are required;
   2-70              (7)  advertises or represents that the benefits of a
    3-1  health benefit plan will be accepted as full payment when
    3-2  deductibles or copayments are required;
    3-3              (8)  makes a representation that is designed to take
    3-4  advantage of the fears or emotions of a particularly susceptible
    3-5  type of patient; or
    3-6              (9)  advertises or represents in the use of a
    3-7  professional name a title or professional identification that is
    3-8  expressly or commonly reserved to or used by another profession or
    3-9  professional.
   3-10        (c)  A violation of this section does not create a private
   3-11  cause of action, including an action for breach of warranty or for
   3-12  an implied contract or warranty for good and workmanlike service.
   3-13        Sec. 5.  BILLING INFORMATION REQUIRED; PROHIBITED PRACTICES.
   3-14  (a)  On the written request of a patient, a health care
   3-15  professional shall provide, in plain language, a written
   3-16  explanation of the charges for professional services previously
   3-17  made on a bill or statement for the patient.
   3-18        (b)  A health care professional may not persistently or
   3-19  flagrantly overcharge or overtreat a patient.
   3-20        (c)  A violation of this section is subject to action by the
   3-21  appropriate health licensing agency as a ground for revocation or
   3-22  denial of a license.
   3-23        Sec. 6.  CIVIL PENALTY.  (a)  A person who is in violation of
   3-24  this article is liable to the state for a civil penalty not to
   3-25  exceed $1,000 for each violation.  Each day of violation
   3-26  constitutes a separate violation.  The attorney general may
   3-27  institute an action under this section.
   3-28        (b)  A civil action filed by the attorney general under this
   3-29  section shall be filed in a district court in Travis County or in
   3-30  the county in which the violation occurred.
   3-31        (c)  The attorney general may recover reasonable expenses
   3-32  incurred in obtaining a civil penalty under this section, including
   3-33  court costs, reasonable attorney fees, reasonable investigative
   3-34  costs, witness fees, and deposition expenses.
   3-35        (d)  A civil penalty recovered under this section shall be
   3-36  deposited in the state treasury to the credit of the general
   3-37  revenue fund.
   3-38        Sec. 7.  INJUNCTIVE ACTION.  (a)  The attorney general or the
   3-39  appropriate health licensing board may bring an injunctive action
   3-40  to stop a violation or threatened violation of this article.
   3-41        (b)  The attorney general or health licensing agency may
   3-42  recover reasonable expenses incurred in obtaining injunctive relief
   3-43  under this section, including court costs, reasonable attorney
   3-44  fees, reasonable investigative costs, witness fees, and deposition
   3-45  expenses.
   3-46        Sec. 8.  REPORTS AND STUDIES.  (a)  The council shall prepare
   3-47  an annual report to be sent to the governor, the lieutenant
   3-48  governor, and the speaker of the house of representatives not later
   3-49  than February 1 of each year.
   3-50        (b)  A report under this section shall include:
   3-51              (1)  a  statistical  compilation  of  enforcement
   3-52  actions  taken  by  a board  listed  by  Section  1(b)  of  this
   3-53  article;
   3-54              (2)  recommendations for statutory changes to improve
   3-55  the regulation of the health care professions; and
   3-56              (3)  other relevant information and recommendations
   3-57  determined necessary by the council.
   3-58        (c)  The council shall determine and adopt additional
   3-59  relevant information to be included in the reports.
   3-60        (d)  The council shall:
   3-61              (1)  develop, in cooperation with the General Services
   3-62  Commission, a plan to collocate the staffs of the boards listed by
   3-63  Section 1(b) of this article;
   3-64              (2)  develop a plan to centralize the administrative
   3-65  functions of the boards listed by Section 1(b) of this article;
   3-66              (3)  develop a plan to coordinate budget preparation
   3-67  with concentration on increased funding for enforcement efforts;
   3-68              (4)  study the feasibility of centralizing the receipt
   3-69  and investigation of complaints; and
   3-70              (5)  study the effects of establishing a prohibition to
    4-1  prevent individuals who are not licensed physicians from
    4-2  intervening in medical practice decisions.
    4-3        (e)  The results of the council's studies under Subsection
    4-4  (d) of this section shall be reported to the governor, the
    4-5  lieutenant governor, and the speaker of the house of
    4-6  representatives not later than January 1, 1995.
    4-7        Sec. 9.  REMEDIES NOT EXCLUSIVE.  The provisions of this
    4-8  article are in addition to any other remedy provided by any other
    4-9  statute, rule, or common law.
   4-10        SECTION 1.02.  The Healing Art Identification Act (Article
   4-11  4590e, Vernon's Texas Civil Statutes) is repealed.
   4-12              ARTICLE 2.  NURSING FACILITY ADMINISTRATION
   4-13        SECTION 2.01.  Title 71, Revised Statutes, is amended by
   4-14  adding Article 4512q to read as follows:
   4-15        Art. 4512q.  NURSING FACILITY ADMINISTRATION
   4-16        Sec. 1.  SHORT TITLE.  This article may be cited as the Texas
   4-17  Nursing Facility Administrators Licensure Act.
   4-18        Sec. 2.  DEFINITIONS.  In this article:
   4-19              (1)  "Board" means the Texas Board of Nursing Facility
   4-20  Administrators.
   4-21              (2)  "Commissioner" means the commissioner of health.
   4-22              (3)  "Department" means the Texas Department of Health.
   4-23              (4)  "Nursing facility" means an institution or
   4-24  facility that is licensed as a nursing home, nursing facility,
   4-25  skilled nursing facility, or custodial care home by the department
   4-26  under Chapter 242, Health and Safety Code.
   4-27              (5)  "Nursing facility administrator" or
   4-28  "administrator" means a person who engages in the practice of
   4-29  nursing facility administration without regard to whether the
   4-30  person has an ownership interest in the facility or whether the
   4-31  functions and duties are shared with any other person.
   4-32              (6)  "Practice of nursing facility administration"
   4-33  means the performance of the acts of administering, managing,
   4-34  supervising, or being in general administrative charge of a nursing
   4-35  facility.
   4-36        Sec. 3.  CREATION OF THE BOARD.  (a)  The Texas Board of
   4-37  Nursing Facility Administrators is created within the department.
   4-38        (b)  The board is composed of nine members appointed by the
   4-39  governor.  Three members must be members of the public, and six
   4-40  members must be nursing facility administrators licensed under this
   4-41  article.  Appointments to the board shall be made without regard to
   4-42  the race, color, disability, sex, religion, or national origin of
   4-43  the person appointed.
   4-44        (c)  Members of the board serve staggered six-year terms,
   4-45  with the terms of three members expiring on February 1 of each
   4-46  odd-numbered year.  A person appointed to fill a vacancy on the
   4-47  board shall serve for the unexpired portion of the term for which
   4-48  the person is appointed.
   4-49        Sec. 4.  MEMBERSHIP REQUIREMENTS.  (a)  A member of the board
   4-50  who is an administrator must:
   4-51              (1)  be a resident of this state and a citizen of the
   4-52  United States;
   4-53              (2)  be licensed under this article and currently
   4-54  serving as a nursing facility administrator or have direct
   4-55  supervisory responsibility on a daily basis over an administrator
   4-56  who works in a nursing facility; and
   4-57              (3)  hold a degree from an accredited four-year college
   4-58  or university.
   4-59        (b)  An administrator who does not have a degree as required
   4-60  by Subsection (a)(3) of this section may be qualified to serve as a
   4-61  member of the board if the administrator has two years of practical
   4-62  experience as an administrator for every year less than four that
   4-63  the administrator has completed at a four-year college or
   4-64  university.
   4-65        (c)  At least one administrator member of the board must be
   4-66  associated with and a representative of a nonproprietary nursing
   4-67  facility, and at least one administrator member of the board must
   4-68  have an ownership interest in a nursing facility.
   4-69        (d)  A member or employee of the board may not:
   4-70              (1)  be an officer, employee, or paid consultant of a
    5-1  trade association in the nursing facility industry; or
    5-2              (2)  be related within the second degree by affinity or
    5-3  within the third degree by consanguinity to an officer, employee,
    5-4  or paid consultant of a trade association in the nursing facility
    5-5  industry.
    5-6        (e)  A member of the board who represents the general public
    5-7  may not have a financial interest, other than as a consumer, in a
    5-8  nursing facility as an officer, director, partner, owner, employee,
    5-9  attorney, or paid consultant or be related within the second degree
   5-10  by affinity or within the third degree by consanguinity to a person
   5-11  who has a financial interest, other than as a consumer, in a
   5-12  nursing facility as an officer, director, partner, owner, employee,
   5-13  attorney, or paid consultant.
   5-14        (f)  A person who is required to register as a lobbyist under
   5-15  Chapter 305, Government Code, because of the person's activities
   5-16  for compensation on behalf of a profession related to the operation
   5-17  of the board may not serve on the board.
   5-18        Sec. 5.  GROUNDS FOR REMOVAL.  It is a ground for removal
   5-19  from the board if a member:
   5-20              (1)  does not have at the time of appointment the
   5-21  qualifications required by Section 4 of this article for
   5-22  appointment to the board;
   5-23              (2)  does not maintain during service on the board the
   5-24  qualifications required by Section 4 of this article for
   5-25  appointment to the board;
   5-26              (3)  violates a prohibition established by Section 4 of
   5-27  this article;
   5-28              (4)  cannot discharge the member's duties for a
   5-29  substantial part of the term for which the member is appointed
   5-30  because of illness or disability; or
   5-31              (5)  is absent from more than half of the regularly
   5-32  scheduled board meetings that the member is eligible to attend
   5-33  during a calendar year, unless the absence is excused by a majority
   5-34  vote of the board.
   5-35        Sec. 6.  BOARD OFFICERS; MEETINGS; QUORUM; EXPENSES.
   5-36  (a)  The board shall elect from its members a presiding officer and
   5-37  assistant presiding officer who serve according to rules adopted by
   5-38  the board.
   5-39        (b)  The board shall hold at least two regular meetings each
   5-40  year as provided by rules adopted by the board.
   5-41        (c)  A majority of the members constitutes a quorum.
   5-42        (d)  Each member of the board is entitled to compensation for
   5-43  transportation expenses as provided by the General Appropriations
   5-44  Act.
   5-45        Sec. 7.  APPLICATION OF OPEN MEETINGS AND ADMINISTRATIVE
   5-46  PROCEDURE ACTS.  The board is subject to the open meetings law,
   5-47  Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
   5-48  (Article 6252-17, Vernon's Texas Civil Statutes), and its
   5-49  subsequent amendments, and the Administrative Procedure and Texas
   5-50  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
   5-51  its subsequent amendments.
   5-52        Sec. 8.  POWERS AND DUTIES OF BOARD.  (a)  The board may
   5-53  adopt rules consistent with this article.
   5-54        (b)  The board shall:
   5-55              (1)  adopt and publish a code of ethics;
   5-56              (2)  establish the qualifications of applicants for
   5-57  licenses and the renewal of licenses;
   5-58              (3)  spend funds necessary for the proper
   5-59  administration of the board's assigned duties;
   5-60              (4)  establish reasonable and necessary fees for the
   5-61  administration and implementation of this article; and
   5-62              (5)  establish a minimum number of hours of continuing
   5-63  education required to renew a license and periodically assess the
   5-64  continuing education needs of license holders to determine whether
   5-65  specific course content should be required.
   5-66        Sec. 9.  ADMINISTRATIVE FUNCTIONS; EXECUTIVE SECRETARY.
   5-67  (a)  The department shall provide the personnel and necessary
   5-68  facilities required to administer this article.  If necessary to
   5-69  the administration of this article, the department may secure and
   5-70  provide for compensation for services that the department considers
    6-1  necessary and may employ and compensate within available
    6-2  appropriations professional consultants, technical assistants, and
    6-3  employees on a full-time or part-time basis.
    6-4        (b)  The commissioner shall designate an employee to serve as
    6-5  executive secretary of the board.  The executive secretary must be
    6-6  an employee of the department.  The executive secretary is the
    6-7  administrator of the licensing activities under this article.  The
    6-8  executive secretary shall carry out other functions as may be
    6-9  required by the board or the department to administer this article.
   6-10        Sec. 10.  PUBLIC INTEREST INFORMATION.  (a)  The board shall
   6-11  prepare information of public interest describing the functions of
   6-12  the board and the department under this article and the procedures
   6-13  by which complaints are filed with and resolved by the board and
   6-14  department.  The department shall make the information available to
   6-15  the public and appropriate state agencies.
   6-16        (b)  The board by rule shall establish methods by which
   6-17  consumers and service recipients are notified of the name, mailing
   6-18  address, and telephone number of the department for the purpose of
   6-19  directing complaints to the department.
   6-20        Sec. 11.  FEES; FUNDS; ANNUAL REPORT.  (a)  The board by rule
   6-21  shall set reasonable and necessary fees in amounts necessary to
   6-22  cover the cost of administering this article.  The board by rule
   6-23  may set different licensing fees for different categories of
   6-24  licenses.
   6-25        (b)  The department shall receive and account for funds
   6-26  received under this article.  The funds shall be deposited in the
   6-27  state treasury to the credit of the general revenue fund in an
   6-28  account known as the licensed nursing facility administrator's
   6-29  account to be used only for the administration of this article.
   6-30        (c)  The department shall file annually with the governor and
   6-31  the presiding officer of each house of the legislature a complete
   6-32  and detailed written report accounting for all funds received and
   6-33  disbursed by the board or the department for the administration of
   6-34  this article during the preceding fiscal year.  The annual report
   6-35  must be in the form and reported in the time provided by the
   6-36  General Appropriations Act.
   6-37        (d)  The board may receive and disburse funds received from
   6-38  any federal source for the furtherance of the board's functions
   6-39  under this article.
   6-40        Sec. 12.  PRACTICING WITHOUT A LICENSE.  A person may not act
   6-41  as a nursing facility administrator or represent to others that the
   6-42  person is a nursing facility administrator unless the person is
   6-43  licensed under this article.
   6-44        Sec. 13.  LICENSE APPLICATION; QUALIFICATIONS.  (a)  An
   6-45  applicant for a nursing facility administrator's license must
   6-46  submit a sworn application that is accompanied by the application
   6-47  fee.
   6-48        (b)  The board shall prescribe the form of the application
   6-49  and may by rule establish dates by which applications and fees must
   6-50  be received.  The rules under this section may not be inconsistent
   6-51  with the rules of the department related to the application dates
   6-52  of other licenses administered by the department.
   6-53        (c)  An applicant for a nursing facility administrator's
   6-54  license must take a licensing examination under this article.  To
   6-55  qualify for the licensing examination, the applicant must have
   6-56  satisfactorily completed a course of instruction and training
   6-57  prescribed by the board that is conducted by or in cooperation with
   6-58  an accredited postsecondary educational institution and that is
   6-59  designed and administered to provide sufficient knowledge of:
   6-60              (1)  the needs served by nursing facilities;
   6-61              (2)  the laws governing the operation of nursing
   6-62  facilities and the protection of the interests of facility
   6-63  residents; and
   6-64              (3)  the elements of nursing facility administration.
   6-65        (d)  An applicant who has not completed the course of
   6-66  instruction and training described by Subsection (c) of this
   6-67  section must present evidence satisfactory to the board of having
   6-68  completed sufficient education, training, and experience in the
   6-69  fields described by Subsection (c) of this section to enable the
   6-70  applicant to engage in the practice of nursing facility
    7-1  administration.
    7-2        Sec. 14.  EXAMINATION.  (a)  The licensing examination shall
    7-3  be prepared or approved by the board and administered by the
    7-4  department to qualified applicants at least twice each calendar
    7-5  year.  The department shall have the written portion of the
    7-6  examination, if any, validated by a testing professional.
    7-7        (b)  Not later than the 30th day after the date on which a
    7-8  licensing examination is administered under this article, the
    7-9  department shall notify each examinee of the results of the
   7-10  examination.  If an examination is graded or reviewed by a national
   7-11  or state testing service, the department shall notify examinees of
   7-12  the results of the examination not later than two weeks after the
   7-13  date the department receives the results from the testing service.
   7-14  If the notice of the examination results will be delayed for more
   7-15  than 90 days after the examination date, the department shall
   7-16  notify the examinee of the reason for the delay before the 90th
   7-17  day.
   7-18        (c)  If requested in writing by a person who fails the
   7-19  licensing examination, the department shall furnish the person with
   7-20  an analysis of the person's performance on the examination.
   7-21        (d)  The board may establish by rule additional educational
   7-22  requirements to be met by an applicant who fails the examination
   7-23  three times.
   7-24        Sec. 15.  LICENSES; TEMPORARY LICENSE; INACTIVE STATUS;
   7-25  PROVISIONAL LICENSE.  (a)  A person who meets the requirements for
   7-26  licensing under this article is entitled to receive a license.  A
   7-27  nursing facility administrator's license is not transferable.
   7-28        (b)  A person licensed under this article must notify the
   7-29  department of the license holder's correct mailing address.
   7-30        (c)  A license is valid for two years.  The board by rule may
   7-31  adopt a system under which licenses expire on various dates during
   7-32  the two-year period.  For the year in which a license expiration
   7-33  date is changed, license fees payable on the original expiration
   7-34  date shall be prorated on a monthly basis so that each license
   7-35  holder shall pay only that portion of the license fee that is
   7-36  allocable to the number of months during which the license is
   7-37  valid.  On renewal of the license on the new expiration date, the
   7-38  total license renewal fee is payable.
   7-39        (d)  The board by rule may provide for the issuance of a
   7-40  temporary license.  Rules adopted under this section shall include
   7-41  a time limit for a licensee to practice under a temporary license.
   7-42        (e)  The board by rule may provide for a license holder to be
   7-43  placed on inactive status.
   7-44        Sec. 16.  PROVISIONAL LICENSE.  (a)  On application, the
   7-45  department shall grant a provisional license under this article.
   7-46  An applicant for a provisional license under this section must:
   7-47              (1)  be licensed in good standing as a nursing facility
   7-48  administrator in another state, the District of Columbia, or a
   7-49  territory of the United States that has licensing requirements that
   7-50  are substantially equivalent to the requirements of this article;
   7-51              (2)  have passed a national or other examination
   7-52  recognized by the board relating to the practice of nursing
   7-53  facility administration; and
   7-54              (3)  be sponsored by a person licensed under this
   7-55  article with whom the provisional license holder may practice under
   7-56  this section.
   7-57        (b)  An applicant for a provisional license may be excused
   7-58  from the requirement of Subsection (a)(3) of this section if the
   7-59  department determines that compliance with that subsection
   7-60  constitutes a hardship to the applicant.
   7-61        (c)  A provisional license is valid until the date the
   7-62  department approves or denies the provisional license holder's
   7-63  application for a license.  The department shall issue a license
   7-64  under this article to the holder of a provisional license under
   7-65  this section if:
   7-66              (1)  the provisional license holder passes the
   7-67  examination required by Section 14 of this article;
   7-68              (2)  the department verifies that the provisional
   7-69  license holder has the academic and experience requirements for a
   7-70  license under this article; and
    8-1              (3)  the provisional license holder satisfies any other
    8-2  license requirements under this article.
    8-3        (d)  The department shall complete the processing of a
    8-4  provisional license holder's application for a license not later
    8-5  than the 180th day after the date the provisional license is
    8-6  issued.  The department may extend this time in order to receive
    8-7  the results of a national examination or other examination
    8-8  administered or graded by an outside organization recognized by the
    8-9  board.
   8-10        Sec. 17.  LICENSE RENEWAL.  (a)  A person may renew an
   8-11  unexpired license by paying to the department before the expiration
   8-12  of the license the required renewal fee.
   8-13        (b)  If a person's license has been expired for 90 days or
   8-14  less, the person may renew the license by paying to the department
   8-15  the required renewal fee and a fee that is one-half of the
   8-16  examination fee for the license.
   8-17        (c)  If a person's license has been expired for longer than
   8-18  90 days but less than one year, the person may renew the license by
   8-19  paying to the department all unpaid renewal fees and a fee that is
   8-20  equal to the examination fee for the license.
   8-21        (d)  If a person's license has been expired for one year or
   8-22  longer, the person may not renew the license.  The person may
   8-23  obtain a new license by submitting to reexamination and complying
   8-24  with the requirements and procedures for obtaining an original
   8-25  license.  However, the department may renew without reexamination
   8-26  an expired license of a person who was licensed in this state,
   8-27  moved to another state, and is currently licensed and has been in
   8-28  practice in the other state for the two years preceding
   8-29  application.  The person must pay to the department a fee that is
   8-30  equal to the examination fee for the license.
   8-31        (e)  At least 30 days before the expiration of a person's
   8-32  license, the department shall send written notice of the impending
   8-33  license expiration to the person at the license holder's last known
   8-34  address according to the records of the department.
   8-35        Sec. 18.  MANDATORY CONTINUING EDUCATION.  (a)  The board by
   8-36  rule shall establish a minimum number of hours of continuing
   8-37  education required to renew a license under this article.  The
   8-38  board may assess the continuing education needs of license holders
   8-39  and may require license holders to attend continuing education
   8-40  courses specified by the department.
   8-41        (b)  The board shall identify the key factors for the
   8-42  competent performance by a license holder of the license holder's
   8-43  professional duties.  The board shall adopt a procedure to assess a
   8-44  license holder's participation in continuing education programs.
   8-45        Sec. 19.  COMPLAINT RECEIPT, INVESTIGATION, AND DISPOSITION.
   8-46  (a)  The board shall keep an information file about each complaint
   8-47  filed with the department.  The board's information file shall be
   8-48  kept current and contain a record for each complaint of:
   8-49              (1)  all persons contacted in relation to the
   8-50  complaint;
   8-51              (2)  a summary of findings made at each step of the
   8-52  complaint process;
   8-53              (3)  an explanation of the legal basis and reason for a
   8-54  complaint that is dismissed; and
   8-55              (4)  other relevant information.
   8-56        (b)  If a written complaint is filed with the board that the
   8-57  board has authority to resolve, the department, at least as
   8-58  frequently as quarterly and until final disposition of the
   8-59  complaint, shall notify the parties to the complaint of the status
   8-60  of the complaint unless the notice would jeopardize an undercover
   8-61  investigation.
   8-62        (c)  The board by rule shall adopt a form to standardize
   8-63  information concerning complaints made to the department.  The
   8-64  board by rule shall prescribe information to be provided to a
   8-65  person when the person files a complaint with the department.
   8-66        (d)  The department shall provide reasonable assistance to a
   8-67  person who wishes to file a complaint with the department.
   8-68        (e)  The board shall adopt rules concerning the investigation
   8-69  of a complaint filed with the department.  The rules adopted under
   8-70  this subsection shall:
    9-1              (1)  distinguish between categories of complaints;
    9-2              (2)  ensure that complaints are not dismissed without
    9-3  appropriate consideration;
    9-4              (3)  require that the board be advised of a complaint
    9-5  that is dismissed and that a letter be sent to the person who filed
    9-6  the complaint explaining the action taken on the dismissed
    9-7  complaint;
    9-8              (4)  ensure that the person who filed the complaint has
    9-9  an opportunity to explain the allegations made in the complaint;
   9-10  and
   9-11              (5)  prescribe guidelines concerning the categories of
   9-12  complaints that require the use of a private investigator and the
   9-13  procedures for the department to obtain the services of a private
   9-14  investigator.
   9-15        (f)  The board shall dispose of all complaints in a timely
   9-16  manner.  The board by rule shall establish a schedule for
   9-17  conducting each phase of a complaint that is under the control of
   9-18  the board not later than the 30th day after the date the complaint
   9-19  is received by the board.  The schedule shall be kept in the
   9-20  information file for the complaint, and all parties shall be
   9-21  notified of the projected time requirements for pursuing the
   9-22  complaint.  A change in the schedule must be noted in the complaint
   9-23  information file and all parties to the complaint must be notified
   9-24  not later than the seventh day after the date the change is made.
   9-25        (g)  The executive secretary shall notify the board of a
   9-26  complaint that extends beyond the time prescribed by the board for
   9-27  resolving the complaint so that the board may take necessary action
   9-28  on the complaint.
   9-29        Sec. 20.  SANCTIONS.  (a)  The board may revoke, suspend, or
   9-30  refuse to renew a nursing facility administrator's license, assess
   9-31  an administrative penalty, issue a written reprimand, require
   9-32  participation in continuing education, or place an administrator on
   9-33  probation after due notice and hearing on proof of any of the
   9-34  following grounds:
   9-35              (1)  the license holder has wilfully or repeatedly
   9-36  violated a provision of this article or a rule adopted under this
   9-37  article;
   9-38              (2)  the license holder has wilfully or repeatedly
   9-39  acted in a manner inconsistent with the health and safety of the
   9-40  patients of a facility of which the license holder is an
   9-41  administrator;
   9-42              (3)  the license holder obtained or attempted to obtain
   9-43  a license through misrepresentation or deceit or by making a
   9-44  material misstatement of fact on a license application;
   9-45              (4)  the intemperate use of alcohol or drugs by the
   9-46  license holder in the department's opinion creates a hazard to the
   9-47  patients of a facility;
   9-48              (5)  a judgment of a court of competent jurisdiction
   9-49  finds that the license holder is mentally incapacitated;
   9-50              (6)  the license holder has been convicted in a court
   9-51  of competent jurisdiction of a misdemeanor or felony involving
   9-52  moral turpitude; or
   9-53              (7)  the license holder has been negligent or
   9-54  incompetent in the license holder's duties as a nursing facility
   9-55  administrator.
   9-56        (b)  If a license suspension is probated, the board may
   9-57  require the license holder to:
   9-58              (1)  report regularly to the department on matters that
   9-59  are the basis of the probation;
   9-60              (2)  limit practice to the areas prescribed by the
   9-61  board; or
   9-62              (3)  continue or review continuing professional
   9-63  education until the license holder attains a degree of skill
   9-64  satisfactory to the board in those areas that are the basis of the
   9-65  probation.
   9-66        (c)  A license holder is entitled to a hearing before the
   9-67  hearings examiner designated by the board before a sanction is
   9-68  imposed under this section.
   9-69        (d)  The board by rule shall adopt a broad schedule of
   9-70  sanctions for violations under this article.  The designated
   10-1  hearings examiner shall use the schedule for any sanction imposed
   10-2  as the result of a hearing conducted by the designated hearings
   10-3  examiner.
   10-4        Sec. 21.  WRITTEN REPRIMAND AND CONTINUING EDUCATION AS
   10-5  SANCTIONS.  In addition to the other disciplinary actions
   10-6  authorized under this article, the board may issue a written
   10-7  reprimand to a license holder who violates this article or require
   10-8  that a license holder who violates this article participate in
   10-9  continuing education programs.  The department shall specify the
  10-10  continuing education programs that may be attended and the number
  10-11  of hours that must be completed by a license holder to fulfill the
  10-12  requirements of this section.
  10-13        Sec. 22.  ADMINISTRATIVE PENALTY.  (a)  The board may impose
  10-14  an administrative penalty against a person licensed or regulated
  10-15  under this article who violates this article or a rule or order
  10-16  adopted by the board under this article.
  10-17        (b)  The penalty for a violation may be in an amount not to
  10-18  exceed $1,000.  Each day a violation continues or occurs is a
  10-19  separate violation for purposes of imposing a penalty.
  10-20        (c)  The amount of the penalty shall be based on:
  10-21              (1)  the seriousness of the violation, including the
  10-22  nature, circumstances, extent, and gravity of any prohibited acts,
  10-23  and the hazard or potential hazard created to the health, safety,
  10-24  or economic welfare of the public;
  10-25              (2)  the economic harm to property or the environment
  10-26  caused by the violation;
  10-27              (3)  the history of previous violations;
  10-28              (4)  the amount necessary to deter future violations;
  10-29              (5)  efforts to correct the violation; and
  10-30              (6)  any other matter that justice may require.
  10-31        (d)  If the hearings examiner determines that a violation has
  10-32  occurred, the hearings examiner may issue to the board a report
  10-33  that states the facts on which the determination is based and the
  10-34  hearings examiner's recommendation on the imposition of a penalty,
  10-35  including a recommendation on the amount of the penalty.
  10-36        (e)  Within 14 days after the date the report is issued, the
  10-37  hearings examiner shall give written notice of the report to the
  10-38  person.  The notice may be given by certified mail.  The notice
  10-39  must include a brief summary of the alleged violation and a
  10-40  statement of the amount of the recommended penalty and must inform
  10-41  the person that the person has a right to a hearing on the
  10-42  occurrence of the violation, the amount of the penalty, or both the
  10-43  occurrence of the violation and the amount of the penalty.
  10-44        (f)  Within 20 days after the date the person receives the
  10-45  notice, the person in writing may accept the determination and
  10-46  recommended penalty of the hearings examiner or may make a written
  10-47  request for a hearing on the occurrence of the violation, the
  10-48  amount of the penalty, or both the occurrence of the violation and
  10-49  the amount of the penalty.
  10-50        (g)  If the person accepts the determination and recommended
  10-51  penalty of the hearings examiner, the board by order shall approve
  10-52  the determination and impose the recommended penalty.
  10-53        (h)  If the person requests a hearing or fails to respond
  10-54  timely to the notice, the board shall set a hearing and give notice
  10-55  of the hearing to the person.  The hearing shall be held by a
  10-56  hearings examiner designated by the board.  The hearings examiner
  10-57  shall make findings of fact and conclusions of law and promptly
  10-58  issue to the board a proposal for a decision about the occurrence
  10-59  of the violation and the amount of a proposed penalty.  Based on
  10-60  the findings of fact, conclusions of law, and proposal for a
  10-61  decision, the board by order may find that a violation has occurred
  10-62  and impose a penalty or may find that no violation occurred.
  10-63        (i)  The notice of the board's order given to the person
  10-64  under the Administrative Procedure and Texas Register Act (Article
  10-65  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
  10-66  amendments must include a statement of the right of the person to
  10-67  judicial review of the order.
  10-68        (j)  Within 30 days after the date the board's order is final
  10-69  as provided by Section 16(c), Administrative Procedure and Texas
  10-70  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
   11-1  its subsequent amendments, the person shall:
   11-2              (1)  pay the amount of the penalty;
   11-3              (2)  pay the amount of the penalty and file a petition
   11-4  for judicial review contesting the occurrence of the violation, the
   11-5  amount of the penalty, or both the occurrence of the violation and
   11-6  the amount of the penalty; or
   11-7              (3)  without paying the amount of the penalty, file a
   11-8  petition for judicial review contesting the occurrence of the
   11-9  violation, the amount of the penalty, or both the occurrence of the
  11-10  violation and the amount of the penalty.
  11-11        (k)  Within the 30-day period, a person who acts under
  11-12  Subsection (j)(3) of this section may:
  11-13              (1)  stay enforcement of the penalty by:
  11-14                    (A)  paying the amount of the penalty to the
  11-15  court for placement in an escrow account; or
  11-16                    (B)  giving to the court a supersedeas bond that
  11-17  is approved by the court for the amount of the penalty and that is
  11-18  effective until all judicial review of the board's order is final;
  11-19  or
  11-20              (2)  request the court to stay enforcement of the
  11-21  penalty by:
  11-22                    (A)  filing with the court a sworn affidavit of
  11-23  the person stating that the person is financially unable to pay the
  11-24  amount of the penalty and is financially unable to give the
  11-25  supersedeas bond; and
  11-26                    (B)  giving a copy of the affidavit to the board
  11-27  by certified mail.
  11-28        (l)  If the board receives a copy of an affidavit under
  11-29  Subsection (k)(2) of this section, the board may file with the
  11-30  court, within five days after the date the copy is received, a
  11-31  contest to the affidavit.  The court shall hold a hearing on the
  11-32  facts alleged in the affidavit as soon as practicable and shall
  11-33  stay the enforcement of the penalty on finding that the alleged
  11-34  facts are true.  The person who files an affidavit has the burden
  11-35  of proving that the person is financially unable to pay the amount
  11-36  of the penalty and to give a supersedeas bond.
  11-37        (m)  If the person does not pay the amount of the penalty and
  11-38  the enforcement of the penalty is not stayed, the board may refer
  11-39  the matter to the attorney general for collection of the amount of
  11-40  the penalty.
  11-41        (n)  Judicial review of the order of the board:
  11-42              (1)  is instituted by filing a petition as provided by
  11-43  Section 19, Administrative Procedure and Texas Register Act
  11-44  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  11-45  subsequent amendments; and
  11-46              (2)  is under the substantial evidence rule.
  11-47        (o)  If the court sustains the occurrence of the violation,
  11-48  the court may uphold or reduce the amount of the penalty and order
  11-49  the person to pay the full or reduced amount of the penalty.  If
  11-50  the court does not sustain the occurrence of the violation, the
  11-51  court shall order that no penalty is owed.
  11-52        (p)  When the judgment of the court becomes final, the court
  11-53  shall proceed under this subsection.  If the person paid the amount
  11-54  of the penalty and if that amount is reduced or is not upheld by
  11-55  the court, the court shall order that the appropriate amount plus
  11-56  accrued interest be remitted to the person.  The rate of the
  11-57  interest is the rate charged on loans to depository institutions by
  11-58  the New York Federal Reserve Bank, and the interest shall be paid
  11-59  for the period beginning on the date the penalty was paid and
  11-60  ending on the date the penalty is remitted.  If the person gave a
  11-61  supersedeas bond and if the amount of the penalty is not upheld by
  11-62  the court, the court shall order the release of the bond.  If the
  11-63  person gave a supersedeas bond and if the amount of the penalty is
  11-64  reduced, the court shall order the release of the bond after the
  11-65  person pays the amount.
  11-66        (q)  A penalty collected under this section shall be remitted
  11-67  to the comptroller for deposit in the general revenue fund.
  11-68        (r)  All proceedings under this section are subject to the
  11-69  Administrative Procedure and Texas Register Act (Article 6252-13a,
  11-70  Vernon's Texas Civil Statutes) and its subsequent amendments.
   12-1        Sec. 23.  INFORMAL PROCEEDINGS.  (a)  The board by rule shall
   12-2  adopt procedures governing:
   12-3              (1)  informal disposition of a contested case under
   12-4  Section 13(e), Administrative Procedure and Texas Register Act
   12-5  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   12-6  subsequent amendments; and
   12-7              (2)  informal proceedings held in compliance with
   12-8  Section 18(c), Administrative Procedure and Texas Register Act
   12-9  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  12-10  subsequent amendments.
  12-11        (b)  Rules adopted under this section must provide the
  12-12  complainant and the license holder an opportunity to be heard and
  12-13  must require the presence of a representative of the office of the
  12-14  attorney general to advise the department or the department's
  12-15  employees.
  12-16        Sec. 24.  MONITORING OF LICENSE HOLDER.  The board by rule
  12-17  shall develop a system for monitoring a license holder's compliance
  12-18  with the requirements of this article.  Rules adopted under this
  12-19  section shall include procedures for monitoring a license holder
  12-20  who is ordered by the board to perform certain acts to ascertain
  12-21  that the license holder performs the required acts and to identify
  12-22  and monitor license holders who represent a risk to the public.
  12-23        Sec. 25.  CIVIL PENALTY.  A person who violates this article
  12-24  is liable to the state for a civil penalty of $1,000 for each day
  12-25  of violation.  At the request of the board, the attorney general
  12-26  shall bring an action to recover a civil penalty established by
  12-27  this section.
  12-28        Sec. 26.  ASSISTANCE OF ATTORNEY GENERAL.  The attorney
  12-29  general shall provide legal assistance as necessary in enforcing
  12-30  the provisions of this article.  This requirement does not relieve
  12-31  a local prosecuting officer of any of the prosecuting officer's
  12-32  duties under the law.
  12-33        Sec. 27.  OFFENSE.  (a)  A person commits an offense if the
  12-34  person knowingly or intentionally violates Section 12 of this
  12-35  article.
  12-36        (b)  An offense under this section is a Class B misdemeanor.
  12-37        Sec. 28.  SUNSET PROVISION.  The Texas Board of Nursing
  12-38  Facility Administrators is subject to Chapter 325, Government Code
  12-39  (Texas Sunset Act).  Unless continued in existence as provided by
  12-40  that chapter, the board is abolished and this article expires
  12-41  September 1, 2005.
  12-42           ARTICLE 3.  EFFECTIVE DATE; TRANSITION; EMERGENCY
  12-43        SECTION 3.01.  This Act takes effect September 1, 1993.
  12-44        SECTION 3.02.  (a)  The Texas Board of Licensure for Nursing
  12-45  Home Administrators is abolished on the effective date of this Act.
  12-46  As soon as possible after the effective date of this Act, the
  12-47  governor shall appoint the initial members of the Texas Board of
  12-48  Nursing Facility Administrators.  In making the initial
  12-49  appointments, the governor shall designate members to serve terms
  12-50  as follows:
  12-51              (1)  two licensed nursing facility administrator
  12-52  members and one public member serve terms expiring February 1,
  12-53  1995;
  12-54              (2)  two licensed nursing facility administrator
  12-55  members and one public member serve terms expiring February 1,
  12-56  1997; and
  12-57              (3)  two licensed nursing facility administrator
  12-58  members and one public member serve terms expiring February 1,
  12-59  1999.
  12-60        (b)  On the effective date of this Act, the Texas Board of
  12-61  Nursing Facility Administrators assumes the functions of the Texas
  12-62  Board of Licensure for Nursing Home Administrators.  The
  12-63  obligations, right, contracts, and records of the Texas Board of
  12-64  Licensure for Nursing Home Administrators are transferred to the
  12-65  Texas Board of Nursing Facility Administrators.  The equipment and
  12-66  other property and personnel of and unspent money appropriated to
  12-67  or for the Texas Board of Licensure for Nursing Home Administrators
  12-68  are transferred to the Texas Board of Health.  The rules of the
  12-69  abolished board are continued in effect as rules of the Texas Board
  12-70  of Health or the Texas Board of Nursing Facility Administrators, as
   13-1  appropriate, until superseded by rule of the Texas Board of Health
   13-2  or the Texas Board of Nursing Facility Administrators, as
   13-3  appropriate.  A license in effect that was issued by the abolished
   13-4  board is continued in effect as a license of the Texas Department
   13-5  of Health.  A complaint, investigation, or other proceeding pending
   13-6  before the abolished board is transferred without change in status
   13-7  to the Texas Department of Health.  Any reference in law to the
   13-8  Texas Board of Licensure for Nursing Home Administrators means the
   13-9  Texas Board of Health, the Texas Department of Health, or the Texas
  13-10  Board of Nursing Facility Administrators, as appropriate.
  13-11        SECTION 3.03.  The changes in law made by this Act relating
  13-12  to a penalty that may be imposed apply only to a violation that
  13-13  occurs on or after the effective date of this Act.  A violation
  13-14  occurs on or after the effective date of this Act only if each
  13-15  element of the violation occurs on or after that date.  A violation
  13-16  that occurs before the effective date of this Act is governed by
  13-17  the law in effect on the date the violation occurred, and the
  13-18  former law is continued in effect for that purpose.
  13-19        SECTION 3.04.  The importance of this legislation and the
  13-20  crowded condition of the calendars in both houses create an
  13-21  emergency and an imperative public necessity that the
  13-22  constitutional rule requiring bills to be read on three several
  13-23  days in each house be suspended, and this rule is hereby suspended.
  13-24                               * * * * *
  13-25                                                         Austin,
  13-26  Texas
  13-27                                                         May 3, 1993
  13-28  Hon. Bob Bullock
  13-29  President of the Senate
  13-30  Sir:
  13-31  We, your Committee on Health and Human Services to which was
  13-32  referred S.B. No. 674, have had the same under consideration, and I
  13-33  am instructed to report it back to the Senate with the
  13-34  recommendation that it do not pass, but that the Committee
  13-35  Substitute adopted in lieu thereof do pass and be printed.
  13-36                                                         Zaffirini,
  13-37  Chair
  13-38                               * * * * *
  13-39                               WITNESSES
  13-40                                                  FOR   AGAINST  ON
  13-41  ___________________________________________________________________
  13-42  Name:  Lisa McGiffert                            x
  13-43  Representing:  Consumers Union
  13-44  City:  Austin
  13-45  -------------------------------------------------------------------
  13-46  Name:  Gerald Guthrie                                          x
  13-47  Representing:  Tx Dept of Health
  13-48  City:  Austin
  13-49  -------------------------------------------------------------------
  13-50  Name:  Ronald L. Allen                                         x
  13-51  Representing:  Sunset Commission
  13-52  City:  Austin
  13-53  -------------------------------------------------------------------
  13-54  Name:  Sara Speights                             x
  13-55  Representing:  Tx Health Care Assn
  13-56  City:  Austin
  13-57  -------------------------------------------------------------------
  13-58  Name:  Marie B. Wilson                                   x
  13-59  Representing:  United People for Better
  13-60  City:  Austin
  13-61  -------------------------------------------------------------------
  13-62  Name:  Janet Monteros                                          x
  13-63  Representing:  Attorney General's Office
  13-64  City:  Austin
  13-65  -------------------------------------------------------------------
  13-66  Name:  Gay Nell Harper                           x
  13-67  Representing:  Self
  13-68  City:  Corpus Christi
  13-69  -------------------------------------------------------------------
  13-70  Name:  Des Taylor                                        x
   14-1  Representing:  Tx Chiropractic Asso
   14-2  City:  Austin
   14-3  -------------------------------------------------------------------
   14-4  Name:  Katherine Bates                                   x
   14-5  Representing:  United People/Better Nursing
   14-6  City:  Arlington
   14-7  -------------------------------------------------------------------
   14-8  Name:  John Willis                               x
   14-9  Representing:  Tx Dept of Aging
  14-10  City:  Austin
  14-11  -------------------------------------------------------------------
  14-12  Name:  David Latimer                             x
  14-13  Representing:  Tx Asso of Homes for Aging
  14-14  City:  Austin
  14-15  -------------------------------------------------------------------