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