SRC-DPW S.B. 1049 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1049
By: Moncrief
Human Services
6/28/1999
Enrolled


DIGEST 

Currently, Texas law allows for multiple venues for certain judicial
actions involving intermediate care facilities for the mentally retarded
(ICFMR).  The venue provision governing suits filed against ICFMR under
Section 252.062, Health and Safety Code, requires suits to be filed in the
county in which the violation occurs.  The venue provision governing suits
filed against ICFMR under Section 252.093, Health and Safety Code, requires
suits to be filed in Travis County.  Inconsistency and lack of uniformity
have been cited as providing hardships on attorneys as well as inconsistent
rulings as a result of these current provisions in Texas law.  This bill
will set forth required venues for certain judicial actions involving
intermediate care facilities for the mentally retarded. 

PURPOSE

As enrolled, S.B. 1049 sets forth required venues for certain judicial
actions involving intermediate care facilities for the mentally retarded. 

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 252.062(d), Health and Safety Code, to provide
that a suit for a temporary restraining order or other injunctive relief
must be brought in Travis County or the county in which the alleged
violation occurs. 

SECTION 2. Amends Section 252.093(e), Health and Safety Code, to provide
that an action under this section must be brought in Travis County or the
county in which the violation is alleged to have occurred. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.