76R10979 DLF-D                           
         By Naishtat, Junell                                   H.B. No. 2909
         Substitute the following for H.B. No. 2909:
         By Gallego                                        C.S.H.B. No. 2909
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the nursing and convalescent home trust fund.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 242.096(e), Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           (e)  Any unencumbered amount in the nursing and convalescent
 1-7     home trust fund in excess of $10,000,000 [$500,000] at the end of
 1-8     each fiscal year shall be transferred to the credit of the general
 1-9     revenue fund and may be appropriated only to the department for its
1-10     use in administering and enforcing this chapter.
1-11           SECTION 2.  Section 242.097, Health and Safety Code, is
1-12     amended to read as follows:
1-13           Sec. 242.097.  ADDITIONAL LICENSE FEE.  (a)  In addition to
1-14     the license fee provided by Section 242.034, the department shall
1-15     adopt an annual fee to be charged and collected if the amount of
1-16     the nursing and convalescent home trust fund is less than
1-17     $10,000,000 [$500,000].  The fee shall be deposited to the credit
1-18     of the nursing and convalescent home trust fund created by this
1-19     subchapter.
1-20           (b)  The department may charge and collect a fee under this
1-21     section more than once each year only if necessary to ensure that
1-22     the amount in the nursing and convalescent home trust fund is
1-23     sufficient to make the disbursements required under Section
1-24     242.096. If the department makes a second or subsequent assessment
 2-1     under this subsection in any year, the department shall notify the
 2-2     governor and the members of the Legislative Budget Board.
 2-3           (c)  The department shall set the fee for each nursing and
 2-4     convalescent home at $1 for each licensed unit of capacity or bed
 2-5     space in that home or in an amount necessary to provide not more
 2-6     than $10,000,000 [$500,000] in the fund.  The total fees assessed
 2-7     in a year may not exceed $20 for each licensed unit of capacity or
 2-8     bed space in a home.
 2-9           SECTION 3.  The change in law made by Section 1 of this Act
2-10     applies only to the unencumbered amount in the nursing and
2-11     convalescent home trust fund at the end of a fiscal year that ends
2-12     on or after the effective date of this Act.
2-13           SECTION 4.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended,
2-18     and that this Act take effect and be in force from and after its
2-19     passage, and it is so enacted.