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.
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