By Lucio S.B. No. 913
74R5186 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to retaliation against a resident of a nursing home or
1-3 related institution for reports of abuse or neglect.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 242, Health and Safety
1-6 Code, is amended by adding Section 242.1335 to read as follows:
1-7 Sec. 242.1335. SUIT FOR RETALIATION AGAINST RESIDENT. (a)
1-8 An institution may not retaliate or discriminate against a resident
1-9 if the resident, the resident's guardian, or any other person
1-10 reports abuse or neglect in accordance with this subchapter.
1-11 (b) A resident who is retaliated or discriminated against in
1-12 violation of Subsection (a) is entitled to sue for:
1-13 (1) injunctive relief;
1-14 (2) actual damages;
1-15 (3) exemplary damages;
1-16 (4) court costs; and
1-17 (5) reasonable attorney's fees.
1-18 (c) A resident who seeks relief under this section must sue
1-19 not later than the 90th day after the date on which the alleged
1-20 violation of this section occurred or was discovered by the
1-21 resident through reasonable diligence.
1-22 (d) A suit under this section may be brought in the district
1-23 court of the county in which the institution is located or in a
1-24 district court of Travis County.
2-1 SECTION 2. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended,
2-6 and that this Act take effect and be in force from and after its
2-7 passage, and it is so enacted.