SRC-AXB S.B. 18 76(R)BILL ANALYSIS


Senate Research CenterS.B. 18
By: Zaffirini
Human Services
6/14/1999
Enrolled


DIGEST 

Currently, a person who threatens the health and safety of a nursing home
resident is liable for a civil penalty from $1,000 to $20,000.  The
Long-Term Care Legislative Oversight Committee recommends that the attorney
general represent the state in an effort to recover such a penalty.  This
bill authorizes the attorney general, by request of the Texas Department of
Human Services, to institute an action to collect a civil penalty in cases
regarding nursing home facilities. 

PURPOSE

As enrolled, S.B. 18 authorizes the attorney general, by request of the
Texas Department of Human Services (department),  to institute an action to
collect a civil penalty from certain nursing facilities. Additionally, S.B.
18 authorizes the attorney general to represent the department in the
arbitration of certain disputes. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 242.065, Health and Safety Code, by relettering
Subsections (f), (g), and (h) as Subsections (g), (h), and (i), and adding
Subsection (f), as follows: 

(f)  Authorizes the attorney general, by request of the Texas Department of
Human Services (department), to institute an action in a district court to
collect a civil penalty under this section. 

SECTION 2.  Amends Section 242.253, Health and Safety Code, by adding
Subsection (e), as follows: 

(e)  Authorizes the attorney general, by request of the department, to
represent the department in the arbitration of a dispute listed in Chapter
242J, Section 242.251, Health and Safety Code. 

SECTION 3. Emergency clause. 
           Effective date:  upon passage.