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.