SRC-JXG S.B. 1197 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1197
76R8544 DLF-DBy: Moncrief
Health Services
3/15/1999
As Filed


DIGEST 

Currently, Texas law does not set guidelines for operating a nursing home
in which a trustee is appointed and emergency assistance funds are used.
S.B. 1197 would prohibit a person owning, controlling, or operating a
nursing home in which a trustee is appointed and emergency assistance funds
are used, to be licensed as a nursing home operator for five years, and
would increase the penalty for occasions when trustees and emergency funds
are appropriated. 
 
PURPOSE

As proposed, S.B. 1197 sets forth consequences for appointment of a trustee
or expenditure of emergency assistance funds for a nursing or convalescent
home. 

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 Chapter 242D, Health and Safety Code, by adding Section
242.102, as follows: 

Sec. 242.102. INELIGIBILITY FOR LICENSE. Provides that a person who owns,
controls, or operates a home for which a trustee is appointed under this
subchapter or with respect to which emergency assistance funds are used
under this subchapter is ineligible for issuance or renewal of a license
under this chapter before the fifth anniversary of the later of a certain
date. Provides that for purposes of this section, a person "controls" a
home, if the person is any person described by Sections 242.032(d)(2)-(4). 

SECTION 2. Amends Chapter 12D, Penal Code, by adding Section 12.48, as
follows: 

Sec. 12.48. CERTAIN OFFENSES RESULTING IN LOSS TO NURSING AND CONVALESCENT
HOMES. Provides that, if it is shown on the trial of an offense under
Chapter 31 or 32 that, as a result of a loss incurred because of the
conduct charged, a trustee was appointed or emergency assistance funds were
used for a nursing or convalescent home under Chapter 242D, Health and
Safety Code, the punishment for the offense is increased to the punishment
prescribed for the next higher category of offense, except that a felony of
the first degree is punished as a felony of the first degree. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Emergency clause.