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