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


Senate Research CenterS.B. 1197
76R8544 DLF-DBy: Moncrief
Health Services
3/17/1999
Committee Report (Amended)


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 exclude a person owning, controlling, or operating a
nursing home in which a trustee is appointed and emergency assistance funds
are used, from eligibility for issuance or renewal of a license as a
nursing home operator, 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 and with respect to which emergency assistance funds, other than
funds used to pay the expenses of the trustee, are used under this
subchapter is subject to exclusion from eligibility for issuance or renewal
of a license under Section 242.0615. Requires the exclusion to terminate on
the fifth anniversary of the later of the date on which the appointment of
the trustee terminates, or the last date on which emergency assistance
funds are used with respect to the home. Defines "controls." 

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.
 
SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Adds a new Subsection (a), Health and Safety Code, to provide that a person
who owns, controls, or operates a home for which a trustee is appointed
under this subchapter and with respect to which emergency assistance funds,
other than funds used to pay the expenses of the trustee, are used under
this subchapter is subject to exclusion from eligibility for issuance or
renewal of a license under Section 242.0615. Requires the exclusion to
terminate on the fifth anniversary of the later of the date on which the
appointment of the trustee terminates, or the last date on which emergency
assistance funds are used with respect to the home.