Amend SB 1248 as follows:
      (1)  In Section 252.002, Health and Safety Code, as added by
SECTION 1 of the bill, strike Subdivision (4) and substitute:
            (4)  "Facility" means a home or an establishment that:
                  (A)  furnishes food, shelter, and treatment or
services to four or more persons unrelated to the owner;
                  (B)  is primarily for the diagnosis, treatment,
or rehabilitation of persons with mental retardation or related
conditions; and
                  (C)  provides in a protected setting continuous
evaluation, planning, 24-hour supervision, coordination, and
integration of health or rehabilitative services to help each
resident function at the resident's greatest ability.
      (2)  In Section 252.066(b), Health and Safety Code, as added
by SECTION 1 of the bill, strike "A penalty must be appropriate to
the violation and may be imposed only when a violation presents an
immediate and serious threat to the health and safety of a
resident." and substitute "A penalty must be appropriate to the
violation.".
      (3)  In Section 252.094, Health and Safety Code, as added by
SECTION 1 of the bill, strike Subsection (b) and substitute the
following:
      (b)  The trustee may petition the court to order the release
to the trustee of any payment owed the trustee for care and
services provided to the residents if the payment has been
withheld, including a payment withheld by a governmental agency or
other entity during the appointment of the trustee, such as
payments:
            (1)  for Medicaid or insurance;
            (2)  by a third party; or
            (3)  for medical expenses borne by the residents.
      (4)  In Section 252.096, Health and Safety Code, as added by
SECTION 1 of the bill, strike Subsection (d) and substitute:
      (d)  The amount that remains unreimbursed on the first
anniversary of the date on which the money is received is
delinquent and the Texas Department of Mental Health and Mental
Retardation may determine that the facility is ineligible for a
Medicaid provider contract.
      (5)  Strike Section 252.151, Health and Safety Code, as added
by SECTION 1 of the bill, and substitute:
      Sec. 252.151.  ADMINISTRATION OF MEDICATION.  The department
shall adopt rules relating to the administration of medication in
facilities.
      (6)  Strike Section 252.152, Health and Safety Code, as added
by SECTION 1 of the bill, and substitute:
      Sec. 252.152.  REQUIRED MEDICAL EXAMINATION.  (a)  The
department shall require each resident to be given at least one
medical examination each year.
      (b)  The department shall specify the details of the
examination.
      Sec. 252.153.  EMERGENCY MEDICATION KIT.  (a)  A facility
licensed under this chapter is entitled to maintain a supply of
controlled substances in an emergency medication kit for a
resident's emergency medication needs.
      (b)  The controlled substances shall be labeled in accordance
with all applicable state and federal food and drug laws, including
Chapter 481 (Texas Controlled Substances Act).
      (c)  The board shall adopt rules governing the amount, type,
and procedure for use of the controlled substances in the emergency
medication kit.  The storage of the controlled substances in the
kit is under the supervision of the consultant pharmacist.
      (d)  The administration of the controlled substances in the
emergency medication kit shall comply with all applicable laws.