Amend the B. Turner amendment to CSSB 190 to read as follows:
      Amend CSSB 190 as follows:
      (1)  In the recital of SECTION 1.19 of the bill (page 27,
line 23, House Committee Printing), strike "242.071-242.076" and
substitute "242.071-242.077".
      (2)  After Section 242.076, Health and Safety Code, as added
by SECTION 1.19 of the bill (page 34, between lines 14 and 15,
House Committee Printing) insert the following:
      Sec. 242.077.  SCOPE AND SEVERITY SYSTEM.  The department by
rule shall develop and implement, in cooperation with the
legislative oversight committee established under Subchapter O, a
scope and severity system to:
            (1)  evaluate any violation of this chapter or Chapter
32, Human Resources Code, or a rule or standard adopted under
either of those chapters; and
            (2)  determine the appropriate category of enforcement
action that shall be taken or may be taken by the department with
respect to the violation, including any action authorized under
this chapter, Chapter 32, Human Resources Code, or a rule or
standard adopted under either of those those chapters that is taken
to:
                  (A)  enforce this chapter, Chapter 32, Human
Resources Code, or a rule or standard adopted under either of those
chapters;
                  (B)  impose a penalty;
                  (C)  protect a resident;
                  (D)  suspend, revoke, or deny renewal of a
license or certification; or
                  (E)  refer a violation to the attorney general or
another agency for action.
      (3)  Add an appropriately numbered section to ARTICLE 1 of
the bill, to read as follows:
      SECTION 1.__.  Chapter 242, Health and Safety Code, is
amended by adding Subchapter O to read as follows:
               SUBCHAPTER O.  LEGISLATIVE OVERSIGHT
      Sec. 242.651.  DEFINITION.  In this subchapter, "committee"
means the long-term care legislative oversight committee.
      Sec. 242.652.  APPLICATION OF SUNSET LAW.  The long-term care
legislative oversight committee  is abolished and this subchapter
expires September 1, 2001.
      Sec. 242.653.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
(a)  The committee is composed of:
            (1)  two members of the senate and one public member
appointed by the lieutenant governor; and
            (2)  two members of the house of representatives and
one public member appointed by the speaker of the house of
representatives.
      (b)  A member of the committee serves at the pleasure of the
appointing official.
      (c)  The lieutenant governor and the speaker of the house of
representatives shall appoint the presiding officer of the
committee on  an alternating basis.  The presiding officer shall
serve a two-year term expiring February 1 of each odd-numbered
year.
      Sec. 242.654.  COMMITTEE POWERS AND DUTIES.  (a)  The
committee shall:
            (1)  meet at the call of the presiding officer;
            (2)  receive information about rules or standards
proposed or adopted by the department; and
            (3)  review specific recommendations for legislation
proposed by the department or the attorney general relating to
rules and standards applicable to institutions and other long-term
care issues.
      (b)  The committee may issue process, in accordance with
Section 301.024, Government Code, to compel the attendance of
witnesses and the production of books, records, documents, and
instruments required by the committee.
      (c)  The committee shall monitor the effectiveness and
efficiency of the system for regulating institutions in this state.
      (d)  The committee may request reports and other information
from the department and the attorney general relating to the system
for regulating institutions in this state and other issues related
to long-term care.
      (e)  The committee shall use the staff resources of the
senate and the house of representatives to assist the committee in
performing its duties under this section.
      Sec. 242.655.  REPORT.  (a)  The committee shall report to
the governor, lieutenant governor, and speaker of the house  of
representatives not later than November 15 of each even-numbered
year.
      (b)  The report must:
            (1)  identify significant problems in the system for
regulating institutions in this state and contain recommendations
for action;
            (2)  include an analysis of the effectiveness and
efficiency of the system for regulating institutions in this state,
with recommendations for any necessary research;
            (3)  include an analysis of the continuum of long-term
care services available to citizens of this state; and
            (4)  provide recommendations for legislative action.
      Sec. 242.656.  RIGHTS OF EMPLOYEES; RETALIATION PROHIBITED.
(a)  An employee of the department may cooperate with the committee
in the performance of its functions.
      (b)  The department may not suspend or terminate the
employment of or take any other adverse personnel action against an
employee of the department who cooperates with the committee in
good faith.
      (c)  In this section, "personnel action" has the meaning
assigned by Section 554.001, Government Code.
      (4)  Renumber subsequent sections of the bill accordingly.
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