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 * * * * *