Amend CSSB 190, in Article 2 of the bill, by adding the following appropriately numbered section and renumbering existing sections of the bill appropriately: SECTION ____. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0213 to read as follows: Sec. 32.0213. NURSING HOME BED CERTIFICATION AND DECERTIFICATION. (a) The department by rule shall establish procedures to certify and decertify unoccupied nursing home beds in accordance with this section. (b) Except as provided by other law, to be eligible for certification of additional nursing home beds, a nursing facility must maintain for those beds an annual average occupancy rate of at least 80 percent during the three years preceding the date of the request for certification. (c) The department may decertify nursing home beds under this section if the nursing facility fails to maintain for those beds an annual average occupancy rate of at least 80 percent during the three years preceding the date on which the decertification is effective. (d) The department may waive for a newly certified nursing facility the occupancy rate requirement prescribed by Subsection (b) or (c).