By Zaffirini                                           S.R. No. 949

         75R17328 KKA-D                           

                                 R E S O L U T I O N

 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 Section 32.039(u), Human Resources Code, so that the last

 1-9     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 Section 32.039(v), Human Resources Code, so that the last

1-18     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.

1-24           (3)  Senate Rule 12.03(3) is suspended to permit the

 2-1     committee to add "or an ICF-MR facility" in amended Section

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

 2-3     as follows:

 2-4                 (1)  shall suspend or revoke:

 2-5                       (A)  a provider agreement between the department

 2-6     or agency and a person, other than a person who operates a nursing

 2-7     facility or an ICF-MR facility, found liable under Section 36.052;

 2-8     and

 2-9                       (B)  a permit, license, or certification granted

2-10     by the department or agency to a person, other than a person who

2-11     operates a nursing facility or an ICF-MR facility, found liable

2-12     under Section 36.052; and

2-13           Explanation:  This change is necessary to provide an

2-14     exemption from a mandatory punitive provision for ICF-MR facilities

2-15     similar to the exemption provided for nursing facilities.

2-16           (4)  Senate Rule 12.03(3) is suspended to permit the

2-17     committee to add "or an ICF-MR facility and who is" in amended

2-18     Section 36.005(a)(2), Human Resources Code, so that Subdivision (2)

2-19     reads as follows:

2-20                 (2)  may suspend or revoke:

2-21                       (A) [(1)]  a provider agreement between the

2-22     department or agency and a person who operates a nursing facility

2-23     or an ICF-MR facility and  who is found liable under Section 36.052

2-24     [36.004]; or

2-25                       (B) [(2)]  a permit, license, or certification

2-26     granted by the department or agency to a person who operates a

2-27     nursing facility or an  ICF-MR facility and who is found liable

 3-1     under Section 36.052 [36.004].

 3-2           Explanation:  This change is necessary to conform with the

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

 3-4           (5)  Senate Rule 12.03(3) is suspended to permit the

 3-5     committee to add "or an ICF-MR facility" to the last sentence of

 3-6     amended Section 36.005(b), Human Resources Code, so that the last

 3-7     sentence reads:

 3-8     This subsection does not apply to a person who operates a nursing

 3-9     facility or an ICF-MR facility.

3-10           Explanation: This change is necessary to provide an exemption

3-11     from a mandatory punitive provision for ICF-MR facilities similar

3-12     to the exemption provided for nursing facilities.