1-1 AN ACT 1-2 relating to the collection of civil penalties assessed against a 1-3 convalescent or nursing home or related institution. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter J, Chapter 242, Health and Safety 1-6 Code, is amended by adding Section 242.269 to read as follows: 1-7 Sec. 242.269. ENFORCEMENT OF CERTAIN ARBITRATION ORDERS. 1-8 (a) This section applies only to a suit for the assessment of a 1-9 civil penalty under Section 242.065 in which binding arbitration 1-10 has been elected under this subchapter as an alternative to the 1-11 judicial proceeding. 1-12 (b) On application of a party to the suit, the district 1-13 court in which the underlying suit has been filed shall enter a 1-14 judgment in accordance with the arbitrator's order unless, within 1-15 the time limit prescribed by Section 242.267(d)(1), a motion is 1-16 made to the court to vacate the arbitrator's order in accordance 1-17 with Section 242.267. 1-18 (c) A judgment filed under Subsection (b) is enforceable in 1-19 the same manner as any other judgment of the court. The court may 1-20 award costs for an application made under Subsection (b) and for 1-21 any proceedings held after the application is made. 1-22 (d) Subsection (b) does not affect the right of a party, in 1-23 accordance with Section 242.267 and within the time limit 1-24 prescribed by Section 242.267(d)(2), if applicable, to make a 2-1 motion to the court or initiate a proceeding in court as provided 2-2 by law to vacate the arbitrator's order or to vacate a judgment of 2-3 the court entered in accordance with the arbitrator's order. 2-4 SECTION 2. This Act takes effect September 1, 1999. Section 2-5 242.269, Health and Safety Code, as added by this Act, applies only 2-6 in relation to a suit for the assessment of a civil penalty under 2-7 Section 242.065, Health and Safety Code, that is filed on or after 2-8 that date. Section 242.269, Health and Safety Code, as added by 2-9 this Act, applies in relation to the suit without regard to the 2-10 dates on which the alleged violations involved in the suit 2-11 occurred. 2-12 SECTION 3. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3450 was passed by the House on May 11, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 3450 was passed by the Senate on May 26, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor