AN ACT

 1-1     relating to regulation of a home and community support services

 1-2     agency; providing an administrative penalty.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 142.001, Health and Safety Code, is

 1-5     amended by adding a new Subdivision (8) and renumbering existing

 1-6     Subdivisions (8) through (28) to read as follows:

 1-7                 (8)  "Chief financial officer" means an individual who

 1-8     is responsible for supervising and managing all financial

 1-9     activities for a home and community support services agency.

1-10                 (9)  "Council" means the Home and Community Support

1-11     Services Advisory Council.

1-12                 (10) [(9)]  "Counselor" means an individual qualified

1-13     under Medicare standards to provide counseling services, including

1-14     bereavement, dietary, spiritual, and other counseling services, to

1-15     both the client and the family.

1-16                 (11) [(10)]  "Home and community support services

1-17     agency" means a person who provides home health, hospice, or

1-18     personal assistance services for pay or other consideration in a

1-19     client's residence, an independent living environment, or another

1-20     appropriate location.

1-21                 (12) [(11)]  "Home health service" means the provision

1-22     of one or more of the following health services required by an

1-23     individual in a residence or independent living environment:

 2-1                       (A)  nursing;

 2-2                       (B)  physical, occupational, speech, or

 2-3     respiratory therapy;

 2-4                       (C)  medical social service;

 2-5                       (D)  intravenous therapy;

 2-6                       (E)  dialysis;

 2-7                       (F)  service provided by unlicensed personnel

 2-8     under the delegation of a licensed health professional;

 2-9                       (G)  the furnishing of medical equipment and

2-10     supplies, excluding drugs and medicines; or

2-11                       (H)  nutritional counseling.

2-12                 (13) [(12)]  "Hospice" means a person licensed under

2-13     this chapter to provide hospice services, including a person who

2-14     owns or operates a residential unit or an inpatient unit.

2-15                 (14) [(13)]  "Hospice services" means services,

2-16     including services provided by unlicensed personnel under the

2-17     delegation of a registered nurse or physical therapist, provided to

2-18     a client or a client's family as part of a coordinated program

2-19     consistent with the standards and rules adopted under this chapter.

2-20     These services include palliative care for terminally ill clients

2-21     and support services for clients and their families that:

2-22                       (A)  are available 24 hours a day, seven days a

2-23     week, during the last stages of illness, during death, and during

2-24     bereavement;

2-25                       (B)  are provided by a medically directed

 3-1     interdisciplinary team; and

 3-2                       (C)  may be provided in a home, nursing home,

 3-3     residential unit, or inpatient unit according to need.  These

 3-4     services do not include inpatient care normally provided in a

 3-5     licensed hospital to a terminally ill person who has not elected to

 3-6     be a hospice client.

 3-7                 (15) [(14)]  "Inpatient unit" means a facility that

 3-8     provides a continuum of medical or nursing care and other hospice

 3-9     services to clients admitted into the unit and that is in

3-10     compliance with:

3-11                       (A)  the conditions of participation for

3-12     inpatient units adopted under Title XVIII, Social Security Act (42

3-13     U.S.C. Section 1395 et seq.); and

3-14                       (B)  standards adopted under this chapter.

3-15                 (16) [(15)]  "Independent living environment" means:

3-16                       (A)  a client's individual residence, which may

3-17     include a group home or foster home; or

3-18                       (B)  other settings where a client participates

3-19     in activities, including school, work, or church.

3-20                 (17) [(16)]  "Interdisciplinary team" means a group of

3-21     individuals who work together in a coordinated manner to provide

3-22     hospice services and must include a physician, registered nurse,

3-23     social worker, and counselor.

3-24                 (18) [(17)]  "Investigation" means an inspection or

3-25     survey conducted by a representative of the department to determine

 4-1     if a licensee is in compliance with this chapter.

 4-2                 (19) [(18)]  "Palliative care" means intervention

 4-3     services that focus primarily on the reduction or abatement of

 4-4     physical, psychosocial, and spiritual symptoms of a terminal

 4-5     illness.

 4-6                 (20) [(19)]  "Person" means an individual, corporation,

 4-7     or association.

 4-8                 (21) [(20)]  "Personal assistance service" means

 4-9     routine ongoing care or services required by an individual in a

4-10     residence or independent living environment that enable the

4-11     individual to engage in the activities of daily living or to

4-12     perform the physical functions required for independent living,

4-13     including respite services.  The term includes health-related

4-14     services performed under circumstances that are defined as not

4-15     constituting the practice of professional nursing by the Board of

4-16     Nurse Examiners through a memorandum of understanding with the

4-17     department in accordance with Section 142.016 and health-related

4-18     tasks provided by unlicensed personnel under the delegation of a

4-19     registered nurse.

4-20                 (22) [(21)]  "Place of business" means an office of a

4-21     home and community support services agency that maintains client

4-22     records or directs home health, hospice, or personal assistance

4-23     services.  The term does not include an administrative support

4-24     site.

4-25                 (23) [(22)]  "Residence" means a place where a person

 5-1     resides and includes a home, a nursing home, a convalescent home,

 5-2     or a residential unit.

 5-3                 (24) [(23)]  "Residential unit" means a facility that

 5-4     provides living quarters and hospice services to clients admitted

 5-5     into the unit and that is in compliance with standards adopted

 5-6     under this chapter.

 5-7                 (25) [(24)]  "Respite services" means support options

 5-8     that are provided temporarily for the purpose of relief for a

 5-9     primary caregiver in providing care to individuals of all ages with

5-10     disabilities or at risk of abuse or neglect.

5-11                 (26) [(25)]  "Social worker" means an individual

5-12     certified as a social worker under Chapter 50, Human Resources

5-13     Code.

5-14                 (27) [(26)]  "Support services" means social,

5-15     spiritual, and emotional care provided to a client and a client's

5-16     family by a hospice.

5-17                 (28) [(27)]  "Terminal illness" means an illness for

5-18     which there is a limited prognosis if the illness runs its usual

5-19     course.

5-20                 (29) [(28)]  "Volunteer" means an individual who

5-21     provides assistance to a home and community support services agency

5-22     without compensation other than reimbursement for actual expenses.

5-23           SECTION 2.  Section 142.004, Health and Safety Code, is

5-24     amended by amending Subsections (a) and (c) and adding Subsections

5-25     (e) and (f) to read as follows:

 6-1           (a)  An applicant for a license to provide home health,

 6-2     hospice, or personal assistance services must:

 6-3                 (1)  file a written application on a form prescribed by

 6-4     the department indicating the type of service the applicant wishes

 6-5     to provide;

 6-6                 (2)  [file with the application:]

 6-7                       [(A)  the name of the owner of the applicant or a

 6-8     list of the names of persons who own at least a 10 percent interest

 6-9     in the applicant; and]

6-10                       [(B)  a list of any businesses with which the

6-11     applicant subcontracts and in which the owner or owners of the

6-12     applicant hold at least five percent of the ownership; or]

6-13                       [(C)  if the applicant is a direct or indirect

6-14     subsidiary of a publicly held corporation, the name of that

6-15     publicly held corporation and the names of each subsidiary of the

6-16     publicly held corporation that owns an interest in the applicant;]

6-17                 [(3)]  cooperate with any surveys required by the

6-18     department for a license; and

6-19                 (3) [(4)]  pay the license fee prescribed by this

6-20     chapter.

6-21           (c)  The board by rule shall require that, at a minimum,

6-22     before the department may approve a license application, [other

6-23     than an application for a renewal or branch office or alternate

6-24     delivery site license,] the applicant must provide to the

6-25     department:

 7-1                 (1)  documentation establishing that, at a minimum, the

 7-2     applicant has sufficient financial resources to provide the

 7-3     services required by this chapter and by the department during the

 7-4     term of the license;

 7-5                 (2)  a list of the management personnel for the

 7-6     proposed home and community support services agency, a description

 7-7     of personnel qualifications, and a plan for providing continuing

 7-8     training and education for the personnel during the term of the

 7-9     license;

7-10                 (3)  documentation establishing that the applicant is

7-11     capable of meeting the minimum standards established by the board

7-12     relating to the quality of care; [and]

7-13                 (4)  a plan that provides for the orderly transfer of

7-14     care of the applicant's clients if the applicant cannot maintain or

7-15     deliver home health, hospice, or personal assistance services under

7-16     the license; and

7-17                 (5)  identifying information on the home and community

7-18     support services agency owner, administrator, and chief financial

7-19     officer to enable the department to conduct criminal background

7-20     checks on those persons.

7-21           (e)  A home and community support services agency owned or

7-22     operated by a state agency directly providing services is not

7-23     required to provide the information described in Subsections (c)(1)

7-24     and (5).

7-25           (f)  The department shall evaluate and consider all

 8-1     information collected during the application process.

 8-2           SECTION 3.  Section 142.006, Health and Safety Code, is

 8-3     amended by amending Subsections (d) and (e) and adding Subsections

 8-4     (f) and (g) to read as follows:

 8-5           (d)  The department shall [may] find that a home and

 8-6     community support services agency that provides only long-term care

 8-7     Medicaid waiver services that are publicly funded has satisfied the

 8-8     requirements for licensing under this chapter if the agency is

 8-9     certified and monitored by a state agency that has developed

8-10     standards that ensure the health and safety of service recipients

8-11     [certification standards that meet or exceed the requirements for

8-12     licensing under this chapter.  A license fee is required at the

8-13     time of a license application].

8-14           (e)  The department shall find that a home and community

8-15     support services agency that provides home health, hospice, or

8-16     personal assistance services only to persons enrolled in a program

8-17     that is funded in whole or in part by the Texas Department of

8-18     Mental Health and Mental Retardation and is monitored by the Texas

8-19     Department of Mental Health and Mental Retardation or its

8-20     designated local authority in accordance with standards set by the

8-21     Texas Department of Mental Health and Mental Retardation has

8-22     satisfied the requirements for licensing.

8-23           (f)  The department shall adopt the applicable standards of

8-24     the agency that certifies and monitors the home and community

8-25     support services agency for use in issuing a license under

 9-1     Subsection (d) or (e).  When applying for a license under

 9-2     Subsection (d) or (e) and annually before the license is renewed, a

 9-3     person must provide the department with documentation issued by the

 9-4     agency that certifies and monitors the home and community support

 9-5     services agency that demonstrates that the person complies with

 9-6     applicable standards.  A license fee is required at the time of

 9-7     application.

 9-8           (g)  The license must designate the types of services that

 9-9     the home and community support services agency is authorized to

9-10     provide at or from the designated place of business.

9-11           SECTION 4.  Section 142.009, Health and Safety Code, is

9-12     amended by amending Subsections (i), (j), and (k) and adding

9-13     Subsection (l) to read as follows:

9-14           (i)  A home and community support services agency licensed

9-15     under Section 142.006(d) or (e) is not subject to surveys conducted

9-16     by licensing personnel of the department to meet the requirements

9-17     of this chapter.

9-18           (j)  Except as provided by Subsections (h), (i), and (l)

9-19     [(k)], an on-site survey must be conducted within 18 months after a

9-20     survey for an initial license.  After that time, an on-site survey

9-21     must be conducted at least every 36 months.

9-22           (k) [(j)]  If a person is renewing or applying for a license

9-23     to provide more than one type of service under this chapter, the

9-24     surveys required for each of the services the license holder or

9-25     applicant seeks to provide shall be completed during the same

 10-1    surveyor visit.

 10-2          (l) [(k)]  The department and other state agencies that are

 10-3    under the Health and Human Services Commission and that contract

 10-4    with home and community support services agencies to deliver

 10-5    services for which a license is required under this chapter shall

 10-6    execute a memorandum of understanding that establishes procedures

 10-7    to eliminate or reduce duplication of standards or conflicts

 10-8    between standards and of functions in license, certification, or

 10-9    compliance surveys and complaint investigations.  The Health and

10-10    Human Services Commission shall review the recommendation of the

10-11    council relating to the memorandum of understanding before

10-12    considering approval.  The memorandum of understanding must be

10-13    approved by the commission.

10-14          SECTION 5.  Subsection (a), Section 142.010, Health and

10-15    Safety Code, is amended to read as follows:

10-16          (a)  The board shall set license fees for home and community

10-17    support services agencies in amounts that are reasonable to meet

10-18    the costs of administering this chapter, except that the fees may

10-19    not be less than $300 [$200] or more than $1,000 for a license to

10-20    provide home health, hospice, or personal assistance services.

10-21          SECTION 6.  Subsection (c), Section 142.015, Health and

10-22    Safety Code, is amended to read as follows:

10-23          (c)  The council shall advise the department on licensing

10-24    standards and on the implementation of this chapter.  At each

10-25    meeting of the council, the department shall provide an analysis of

 11-1    enforcement actions taken under this chapter, including the type of

 11-2    enforcement action, the results of the action, and the basis for

 11-3    the action.  The council may advise the department on its

 11-4    implementation of the enforcement provisions of this chapter.

 11-5          SECTION 7.  Subchapter A, Chapter 142, Health and Safety

 11-6    Code, is amended by adding Sections 142.017 through 142.0176 to

 11-7    read as follows:

 11-8          Sec. 142.017.  ADMINISTRATIVE PENALTY.  (a)  The department

 11-9    may assess an administrative penalty against a person who violates

11-10    this chapter or a rule adopted under this chapter.

11-11          (b)  The penalty shall be not less than $100 or more than

11-12    $1,000 for each violation.  Each day of a violation that occurs

11-13    before the day on which the person receives written notice of the

11-14    violation from the department does not constitute a separate

11-15    violation and shall be considered to be one violation.  Each day of

11-16    a continuing violation that occurs after the day on which the

11-17    person receives written notice of the violation from the department

11-18    constitutes a separate violation.

11-19          (c)  The department by rule shall specify each violation for

11-20    which an administrative penalty may be assessed.  In determining

11-21    which violations warrant penalties, the department shall consider:

11-22                (1)  the seriousness of the violation, including the

11-23    nature, circumstances, extent, and gravity of the violation and the

11-24    hazard of the violation to the health or safety of clients; and

11-25                (2)  whether the affected home and community support

 12-1    services agency had identified the violation as a part of its

 12-2    internal quality assurance process and had made appropriate

 12-3    progress on correction.

 12-4          (d)  The department by rule shall establish a schedule of

 12-5    appropriate and graduated penalties for each violation based on:

 12-6                (1)  the seriousness of the violation, including the

 12-7    nature, circumstances, extent, and gravity of the violation and the

 12-8    hazard or safety of clients;

 12-9                (2)  the history of previous violations;

12-10                (3)  whether the affected home and community support

12-11    services agency had identified the violation as a part of its

12-12    internal quality assurance process and had made appropriate

12-13    progress on correction;

12-14                (4)  the amount necessary to deter future violations;

12-15                (5)  efforts made to correct the violation; and

12-16                (6)  any other matters that justice may require.

12-17          (e)  The department by rule shall provide the home and

12-18    community support services agency with a reasonable period of time

12-19    following the first day of a violation to correct the violation

12-20    before assessing an administrative penalty if a plan of correction

12-21    has been implemented.

12-22          (f)  An administrative penalty may not be assessed for minor

12-23    violations unless those violations are of a continuing nature or

12-24    are not corrected.

12-25          (g)  The department shall establish a system to ensure

 13-1    standard and consistent application of penalties regardless of the

 13-2    home and community support services agency location.

 13-3          (h)  All proceedings for the assessment of an administrative

 13-4    penalty under this chapter are subject to Chapter 2001, Government

 13-5    Code.

 13-6          (i)  The department may not assess an administrative penalty

 13-7    against a state agency.

 13-8          Sec. 142.0171.  NOTICE; REQUEST FOR HEARING.  (a)  If, after

 13-9    investigation of a possible violation and the facts surrounding

13-10    that possible violation, the department determines that a violation

13-11    has occurred, the department shall give written notice of the

13-12    violation to the person alleged to have committed the violation.

13-13    The notice shall include:

13-14                (1)  a brief summary of the alleged violation;

13-15                (2)  a statement of the amount of the proposed penalty

13-16    based on the factors listed in Section 142.017(d); and

13-17                (3)  a statement of the person's right to a hearing on

13-18    the occurrence of the violation, the amount of the penalty, or both

13-19    the occurrence of the violation and the amount of the penalty.

13-20          (b)  Not later than the 20th day after the date on which the

13-21    notice is received, the person notified may accept the

13-22    determination of the department made under this section, including

13-23    the proposed penalty, or may make a written request for a hearing

13-24    on that determination.

13-25          (c)  If the person notified of the violation accepts the

 14-1    determination of the department or if the person fails to respond

 14-2    in a timely manner to the notice, the commissioner or the

 14-3    commissioner's designee shall issue an order approving the

 14-4    determination and ordering that the person pay the proposed

 14-5    penalty.

 14-6          Sec. 142.0172.  HEARING; ORDER.  (a)  If the person notified

 14-7    requests a hearing, the department shall:

 14-8                (1)  set a hearing;

 14-9                (2)  give written notice of the hearing to the person;

14-10    and

14-11                (3)  designate a hearings examiner to conduct the

14-12    hearing.

14-13          (b)  The hearings examiner shall make findings of fact and

14-14    conclusions of law and shall promptly issue to the commissioner or

14-15    the commissioner's designee a proposal for decision as to the

14-16    occurrence of the violation and a recommendation as to the amount

14-17    of the proposed penalty if a penalty is determined to be warranted.

14-18          (c)  Based on the findings of fact and conclusions of law and

14-19    the recommendations of the hearings examiner, the commissioner or

14-20    the commissioner's designee by order may find that a violation has

14-21    occurred and may assess a penalty or may find that no violation has

14-22    occurred.

14-23          Sec. 142.0173.  NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;

14-24    JUDICIAL REVIEW; REFUND.  (a)  The department shall give notice of

14-25    the order under Section 142.0172(c) to the person alleged to have

 15-1    committed the violation.  The notice must include:

 15-2                (1)  separate statements of the findings of fact and

 15-3    conclusions of law;

 15-4                (2)  the amount of any penalty assessed; and

 15-5                (3)  a statement of the right of the person to judicial

 15-6    review of the order.

 15-7          (b)  Not later than the 30th day after the date on which the

 15-8    decision is final as provided by Chapter 2001, Government Code, the

 15-9    person shall:

15-10                (1)  pay the penalty;

15-11                (2)  pay the amount of the penalty and file a petition

15-12    for judicial review contesting the occurrence of the violation, the

15-13    amount of the penalty, or both the occurrence of the violation and

15-14    the amount of the penalty; or

15-15                (3)  without paying the penalty, file a petition for

15-16    judicial review contesting the occurrence of the violation, the

15-17    amount of the penalty, or both the occurrence of the violation and

15-18    the amount of the penalty.

15-19          (c)  Within the 30-day period, a person who acts under

15-20    Subsection (b)(3) may:

15-21                (1)  stay enforcement of the penalty by:

15-22                      (A)  paying the penalty to the court for

15-23    placement in an escrow account; or

15-24                      (B)  giving to the court a supersedeas bond that

15-25    is approved by the court for the amount of the penalty and that is

 16-1    effective until all judicial review of the order is final; or

 16-2                (2)  request the court to stay enforcement of the

 16-3    penalty by:

 16-4                      (A)  filing with the court a sworn affidavit of

 16-5    the person stating that the person is financially unable to pay the

 16-6    amount of the penalty and is financially unable to give the

 16-7    supersedeas bond; and

 16-8                      (B)  giving a copy of the affidavit to the

 16-9    department by certified mail.

16-10          (d)  If the department receives a copy of an affidavit under

16-11    Subsection (c)(2), the department may file with the court, within

16-12    10 days after the date the copy is received, a contest to the

16-13    affidavit.  The court shall hold a hearing on the facts alleged in

16-14    the affidavit as soon as practicable and shall stay the enforcement

16-15    of the penalty on finding that the alleged facts are true.  The

16-16    person who files an affidavit has the burden of proving that the

16-17    person is financially unable to pay the penalty and to give a

16-18    supersedeas bond.

16-19          (e)  If the person does not pay the penalty and the

16-20    enforcement of the penalty is not stayed, the department may refer

16-21    the matter to the attorney general for collection of the penalty.

16-22          (f)  Judicial review of the order:

16-23                (1)  is instituted by filing a petition as provided by

16-24    Subchapter G, Chapter 2001, Government Code; and

16-25                (2)  is under the substantial evidence rule.

 17-1          (g)  If the court sustains the occurrence of the violation,

 17-2    the court may uphold or reduce the amount of the penalty and order

 17-3    the person to pay the full or reduced amount of the penalty.  If

 17-4    the court does not sustain the occurrence of the violation, the

 17-5    court shall order that no penalty is owed.

 17-6          (h)  When the judgment of the court becomes final, the court

 17-7    shall proceed under this subsection.  If the person paid the amount

 17-8    of the penalty under Subsection (b)(2) and if that amount is

 17-9    reduced or is not upheld by the court, the court shall order that

17-10    the department pay the appropriate amount plus accrued interest to

17-11    the person.  The rate of the interest is the rate charged on loans

17-12    to depository institutions by the New York Federal Reserve Bank,

17-13    and the interest shall be paid for the period beginning on the date

17-14    the penalty was paid and ending on the date the penalty is

17-15    remitted.  If the person paid the penalty under Subsection

17-16    (c)(1)(A), or gave a supersedeas bond, and if the amount of the

17-17    penalty is not upheld by the court, the court shall order the

17-18    release of the escrow account or bond.  If the person paid the

17-19    penalty under Subsection (c)(1)(A) and the amount of the penalty is

17-20    reduced, the court shall order that the amount of the penalty be

17-21    paid to the department from the escrow account and that the

17-22    remainder of the account be released.  If the person gave a

17-23    supersedeas bond and if the amount of the penalty is reduced, the

17-24    court shall order the release of the bond after the person pays the

17-25    amount.

 18-1          Sec. 142.0174.  PENALTY DEPOSITED TO STATE TREASURY.  An

 18-2    administrative penalty collected under this subchapter shall be

 18-3    deposited in the state treasury to the credit of the general

 18-4    revenue fund.

 18-5          Sec. 142.0175.  EXPENSES AND COSTS FOR COLLECTION OF CIVIL OR

 18-6    ADMINISTRATIVE PENALTY.  (a)  If the attorney general brings an

 18-7    action against a person under Section 142.013 or 142.014 or to

 18-8    enforce an administrative penalty assessed under Section 142.0173

 18-9    and an injunction is granted against the person or the person is

18-10    found liable for a civil or administrative penalty, the attorney

18-11    general may recover, on behalf of the attorney general and the

18-12    department, reasonable expenses and costs.

18-13          (b)  For purposes of this section, reasonable expenses and

18-14    costs include expenses incurred by the department and the attorney

18-15    general in the investigation, initiation, and prosecution of an

18-16    action, including reasonable investigative costs, attorney's fees,

18-17    witness fees, and deposition expenses.

18-18          Sec. 142.0176.  CERTAIN AGENCIES EXCEPTED.  (a)

18-19    Notwithstanding any other provision of this chapter, the department

18-20    may not assess an administrative penalty against a home and

18-21    community support services agency licensed under Section 142.006(d)

18-22    or (e) that is certified and monitored by a state agency.

18-23          (b)  The agencies licensed under Sections 142.006(d) and (e)

18-24    are subject to sanctions or penalties by the state agency that

18-25    certifies and monitors the services, and each state agency shall

 19-1    inform the department within five working days of any sanction or

 19-2    adverse action taken against a home and community support services

 19-3    agency licensed under Section 142.006(d) or (e).  The department

 19-4    may take enforcement action under this chapter, except for the

 19-5    assessment of administrative penalties, against a home and

 19-6    community support services agency licensed under Section 142.006(d)

 19-7    or (e).

 19-8          SECTION 8.  Section 142.021, Health and Safety Code, is

 19-9    amended to read as follows:

19-10          Sec. 142.021.  ADMINISTRATION OF MEDICATION.  A person may

19-11    not administer medication to a client of a home and community

19-12    support services agency unless the person:

19-13                (1)  holds a license under state law that authorizes

19-14    the person to administer medication;

19-15                (2)  holds a permit issued under Section 142.025 and

19-16    acts under the delegated authority of a person who holds a license

19-17    under state law that authorizes the person to administer

19-18    medication;

19-19                (3)  [performs duties as a qualified dialysis

19-20    technician within the scope authorized by board rules;]

19-21                [(4)]  administers a medication to a client of a home

19-22    and community support service agency in accordance with rules of

19-23    the Board of Nurse Examiners that permit delegation of the

19-24    administration of medication to a person not holding a permit under

19-25    Section 142.025; or

 20-1                (4) [(5)]  administers noninjectable medication under

 20-2    circumstances authorized by the memorandum of understanding adopted

 20-3    under Section 142.016.

 20-4          SECTION 9.  This Act takes effect September 1, 1997.

 20-5          SECTION 10.  The importance of this legislation and the

 20-6    crowded condition of the calendars in both houses create an

 20-7    emergency and an imperative public necessity that the

 20-8    constitutional rule requiring bills to be read on three several

 20-9    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1247 passed the Senate on

         April 21, 1997, by a viva-voce vote; and that the Senate concurred

         in House amendments on May 28, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1247 passed the House, with

         amendments, on May 25, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor