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.