1-1 By: Hilderbran, Naishtat (Senate Sponsor - Moncrief) H.B. No. 3450 1-2 (In the Senate - Received from the House May 11, 1999; 1-3 May 12, 1999, read first time and referred to Committee on Human 1-4 Services; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 5, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the collection of civil penalties assessed against a 1-9 convalescent or nursing home or related institution. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter J, Chapter 242, Health and Safety 1-12 Code, is amended by adding Section 242.269 to read as follows: 1-13 Sec. 242.269. ENFORCEMENT OF CERTAIN ARBITRATION ORDERS. 1-14 (a) This section applies only to a suit for the assessment of a 1-15 civil penalty under Section 242.065 in which binding arbitration 1-16 has been elected under this subchapter as an alternative to the 1-17 judicial proceeding. 1-18 (b) On application of a party to the suit, the district 1-19 court in which the underlying suit has been filed shall enter a 1-20 judgment in accordance with the arbitrator's order unless, within 1-21 the time limit prescribed by Section 242.267(d)(1), a motion is 1-22 made to the court to vacate the arbitrator's order in accordance 1-23 with Section 242.267. 1-24 (c) A judgment filed under Subsection (b) is enforceable in 1-25 the same manner as any other judgment of the court. The court may 1-26 award costs for an application made under Subsection (b) and for 1-27 any proceedings held after the application is made. 1-28 (d) Subsection (b) does not affect the right of a party, in 1-29 accordance with Section 242.267 and within the time limit 1-30 prescribed by Section 242.267(d)(2), if applicable, to make a 1-31 motion to the court or initiate a proceeding in court as provided 1-32 by law to vacate the arbitrator's order or to vacate a judgment of 1-33 the court entered in accordance with the arbitrator's order. 1-34 SECTION 2. This Act takes effect September 1, 1999. Section 1-35 242.269, Health and Safety Code, as added by this Act, applies only 1-36 in relation to a suit for the assessment of a civil penalty under 1-37 Section 242.065, Health and Safety Code, that is filed on or after 1-38 that date. Section 242.269, Health and Safety Code, as added by 1-39 this Act, applies in relation to the suit without regard to the 1-40 dates on which the alleged violations involved in the suit 1-41 occurred. 1-42 SECTION 3. The importance of this legislation and the 1-43 crowded condition of the calendars in both houses create an 1-44 emergency and an imperative public necessity that the 1-45 constitutional rule requiring bills to be read on three several 1-46 days in each house be suspended, and this rule is hereby suspended. 1-47 * * * * *