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).