By Maxey                                              H.R. No. 1285

         75R17325 KKA-D                           

                                 R E S O L U T I O N

 1-1           BE IT RESOLVED by the House of Representatives of the State

 1-2     of Texas, 75th Legislature, Regular Session, 1997, That House Rule

 1-3     13, Section 9(a), be suspended in part as provided by House Rule

 1-4     13, Section 9(f), to enable the conference committee appointed to

 1-5     resolve the differences on Senate Bill No. 30 to consider and take

 1-6     action on the following matters:

 1-7           (1)  House Rule 13, Section 9(a)(3), is suspended to permit

 1-8     the committee to add "or an ICF-MR facility" to the last sentence

 1-9     of added Section 32.039(u), Human Resources Code, so that the last

1-10     sentence reads as follows:

1-11     This subsection does not apply to a person who operates a nursing

1-12     facility or an ICF-MR facility.

1-13           Explanation:  This change is necessary to provide an

1-14     exemption from a mandatory punitive provision for ICF-MR facilities

1-15     similar to the exemption provided for nursing facilities.

1-16           (2)  House Rule 13, Section 9(a)(3), is suspended to permit

1-17     the committee to add "or an ICF-MR facility" to the last sentence

1-18     of added Section 32.039(v), Human Resources Code, so that the last

1-19     sentence reads as follows:

1-20     This subsection does not apply to a person who operates a nursing

1-21     facility or an ICF-MR facility.

1-22           Explanation:  This change is necessary to provide an

1-23     exemption from a mandatory punitive provision for ICF-MR facilities

1-24     similar to the exemption provided for nursing facilities.

 2-1           (3)  House Rule 13, Section 9(a)(3), is suspended to permit

 2-2     the committee to add "or an ICF-MR facility" in amended Section

 2-3     36.005(a)(1), Human Resources Code, so that Subdivision (1) reads

 2-4     as follows:

 2-5                 (1)  shall suspend or revoke:

 2-6                       (A)  a provider agreement between the department

 2-7     or agency and a person, other than a person who operates a nursing

 2-8     facility or an ICF-MR facility, found liable under Section 36.052;

 2-9     and

2-10                       (B)  a permit, license, or certification granted

2-11     by the department or agency to a person, other than a person who

2-12     operates a nursing facility or an ICF-MR facility, found liable

2-13     under Section 36.052; and

2-14           Explanation:  This change is necessary to provide an

2-15     exemption from a mandatory punitive provision for ICF-MR facilities

2-16     similar to the exemption provided for nursing facilities.

2-17           (4)  House Rule 13, Section 9(a)(3), is suspended to permit

2-18     the committee to add "or an ICF-MR facility and who is" in amended

2-19     Section 36.005(a)(2), Human Resources Code, so that Subdivision (2)

2-20     reads as follows:

2-21                 (2)  may suspend or revoke:

2-22                       (A) [(1)]  a provider agreement between the

2-23     department or agency and a person who operates a nursing facility

2-24     or an ICF-MR facility and who is found liable under Section 36.052

2-25     [36.004]; or

2-26                       (B) [(2)]  a permit, license, or certification

2-27     granted by the department or agency to a person who operates a

 3-1     nursing facility or an ICF-MR facility and who is found liable

 3-2     under Section 36.052 [36.004].

 3-3           Explanation:  This change is necessary to conform with the

 3-4     change explained in Item (3) of this resolution.

 3-5           (5)  House Rule 13, Section 9(a)(3), is suspended to permit

 3-6     the committee to add "or an ICF-MR facility" to the last sentence

 3-7     of amended Section 36.005(b), Human Resources Code, so that the

 3-8     last sentence reads:

 3-9     This subsection does not apply to a person who operates a nursing

3-10     facility or an ICF-MR facility.

3-11           Explanation: This change is necessary to provide an exemption

3-12     from a mandatory punitive provision for ICF-MR facilities similar

3-13     to the exemption provided for nursing facilities.