By: Zaffirini S.R. No. 949
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th
1-2 Legislature, Regular Session, 1997, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on Senate
1-5 Bill No. 30 to consider and take action on the following matters:
1-6 (1) Senate Rule 12.03(3) is suspended to permit the
1-7 committee to add "or an ICF-MR facility" to the last sentence of
1-8 added Subsection (u), Section 32.039, Human Resources Code, so that
1-9 the last sentence reads as follows:
1-10 This subsection does not apply to a person who operates a nursing
1-11 facility or an ICF-MR facility.
1-12 Explanation: This change is necessary to provide an
1-13 exemption from a mandatory punitive provision for ICF-MR facilities
1-14 similar to the exemption provided for nursing facilities.
1-15 (2) Senate Rule 12.03(3) is suspended to permit the
1-16 committee to add "or an ICF-MR facility" to the last sentence of
1-17 added Subsection (v), Section 32.039, Human Resources Code, so that
1-18 the last sentence reads as follows:
1-19 This subsection does not apply to a person who operates a nursing
1-20 facility or an ICF-MR facility.
1-21 Explanation: This change is necessary to provide an
1-22 exemption from a mandatory punitive provision for ICF-MR facilities
1-23 similar to the exemption provided for nursing facilities.
2-1 (3) Senate Rule 12.03(3) is suspended to permit the
2-2 committee to add "or an ICF-MR facility" in amended Subdivision
2-3 (1), Subsection (a), Section 36.005, Human Resources Code, so that
2-4 Subdivision (1) reads 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) Senate Rule 12.03(3) is suspended to permit the
2-18 committee to add "or an ICF-MR facility and who is" in amended
2-19 Subdivision (2), Subsection (a), Section 36.005, Human Resources
2-20 Code, so that Subdivision (2) 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
3-1 (B) [(2)] a permit, license, or certification
3-2 granted by the department or agency to a person who operates a
3-3 nursing facility or an ICF-MR facility and who is found liable
3-4 under Section 36.052 [36.004].
3-5 Explanation: This change is necessary to conform with the
3-6 change explained in Item (3) of this resolution.
3-7 (5) Senate Rule 12.03(3) is suspended to permit the
3-8 committee to add "or an ICF-MR facility" to the last sentence of
3-9 amended Subsection (b), Section 36.005, Human Resources Code, so
3-10 that the last sentence reads:
3-11 This subsection does not apply to a person who operates a nursing
3-12 facility or an ICF-MR facility.
3-13 Explanation: This change is necessary to provide an exemption
3-14 from a mandatory punitive provision for ICF-MR facilities similar
3-15 to the exemption provided for nursing facilities.
3-16 ______________________________________
3-17 President of the Senate
3-18 I hereby certify that the above
3-19 Resolution was adopted by the Senate
3-20 on May 30, 1997, by the following
3-21 vote: Yeas 31, Nays 0.
3-22 ______________________________________
3-23 Secretary of the Senate