1-1  By:  Lucio                                             S.B. No. 913
    1-2        (In the Senate - Filed March 3, 1995; March 6, 1995, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  April 28, 1995, reported favorably by the following vote:  Yeas 7,
    1-5  Nays 0; April 28, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to retaliation against a resident of a nursing home or
    1-9  related institution for reports of abuse or neglect.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subchapter E, Chapter 242, Health and Safety
   1-12  Code, is amended by adding Section 242.1335 to read as follows:
   1-13        Sec. 242.1335.  SUIT FOR RETALIATION AGAINST RESIDENT.
   1-14  (a)  An institution may not retaliate or discriminate against a
   1-15  resident if the resident, the resident's guardian, or any other
   1-16  person reports abuse or neglect in accordance with this subchapter.
   1-17        (b)  A resident who is retaliated or discriminated against in
   1-18  violation of Subsection (a) is entitled to sue for:
   1-19              (1)  injunctive relief;
   1-20              (2)  actual damages;
   1-21              (3)  exemplary damages;
   1-22              (4)  court costs; and
   1-23              (5)  reasonable attorney's fees.
   1-24        (c)  A resident who seeks relief under this section must sue
   1-25  not later than the 90th day after the date on which the alleged
   1-26  violation of this section occurred or was discovered by the
   1-27  resident through reasonable diligence.
   1-28        (d)  A suit under this section may be brought in the district
   1-29  court of the county in which the institution is located or in a
   1-30  district court of Travis County.
   1-31        SECTION 2.  The importance of this legislation and the
   1-32  crowded condition of the calendars in both houses create an
   1-33  emergency and an imperative public necessity that the
   1-34  constitutional rule requiring bills to be read on three several
   1-35  days in each house be suspended, and this rule is hereby suspended,
   1-36  and that this Act take effect and be in force from and after its
   1-37  passage, and it is so enacted.
   1-38                               * * * * *