By: Lucio S.B. No. 913
A BILL TO BE ENTITLED
AN ACT
1-1 relating to retaliation against a resident of a nursing home or
1-2 related institution for reports of abuse or neglect.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter E, Chapter 242, Health and Safety
1-5 Code, is amended by adding Section 242.1335 to read as follows:
1-6 Sec. 242.1335. SUIT FOR RETALIATION AGAINST RESIDENT.
1-7 (a) An institution may not retaliate or discriminate against a
1-8 resident if the resident, the resident's guardian, or any other
1-9 person reports abuse or neglect in accordance with this subchapter.
1-10 (b) A resident who is retaliated or discriminated against in
1-11 violation of Subsection (a) is entitled to sue for:
1-12 (1) injunctive relief;
1-13 (2) actual damages;
1-14 (3) exemplary damages;
1-15 (4) court costs; and
1-16 (5) reasonable attorney's fees.
1-17 (c) A resident who seeks relief under this section must
1-18 report the alleged violation not later than the 180th day after the
1-19 date on which the alleged violation of this section occurred or was
1-20 discovered by the resident through reasonable diligence.
1-21 (d) A suit under this section may be brought in the district
1-22 court of the county in which the institution is located or in a
1-23 district court of Travis County.
1-24 SECTION 2. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended,
2-5 and that this Act take effect and be in force from and after its
2-6 passage, and it is so enacted.