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.