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


Senate Research CenterC.S.S.B. 18
76R4404  DLF-DBy: Zaffirini
Human Services
2/10/1999
Committee Report (Substituted)


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 proposed, C.S.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,
C.S.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.


SUMMARY OF COMMITTEE CHANGES

Relating Clause.

Amends the relating clause to introduce this bill as discussing the
representation of the state by the attorney general in cases involving
nursing facilities, rather than the attorney general's authority to recover
a civil penalty from nursing homes. 

SECTION 1.

 Amends Section 242.065, to delete changes to Subsection (a), and to add
Subsection (f), to authorize the attorney general to institute, rather than
bring an action in a district court to collect, rather than recover, a
civil penalty under this section.  Makes conforming changes. 

SECTION 2.

Amends Section 242.253, by adding Subsection (e), which authorizes the
attorney general to represent the department in the arbitration of certain
disputes.