1-1                                   AN ACT
 1-2     relating to arbitration to resolve certain matters relating to
 1-3     nursing homes and related institutions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 242.061, Health and Safety Code, is
 1-6     amended by adding Subsection (d) to read as follows:
 1-7           (d)  A court having jurisdiction of a judicial review of the
 1-8     matter may not order arbitration, whether on motion of any party or
 1-9     on the court's own motion, to resolve a dispute involving the
1-10     denial, suspension, or revocation of a license under this section
1-11     or the conduct with respect to which the denial, suspension, or
1-12     revocation of the license is sought.
1-13           SECTION 2.  Section 242.062, Health and Safety Code, is
1-14     amended by adding Subsection (e) to read as follows:
1-15           (e)  A court having jurisdiction of a judicial review of the
1-16     matter may not order arbitration, whether on motion of any party or
1-17     on the court's own motion, to resolve a dispute involving an
1-18     emergency suspension or closing order under this section or the
1-19     conduct with respect to which the emergency suspension or closing
1-20     order is sought.
1-21           SECTION 3.  Section 242.072, Health and Safety Code, is
1-22     amended by adding Subsection (f) to read as follows:
1-23           (f)  A court having jurisdiction of a judicial review of the
1-24     matter may not order arbitration, whether on motion of any party or
 2-1     on the court's own motion, to resolve a dispute involving an order
 2-2     suspending admissions under this section or the conduct with
 2-3     respect to which the order suspending admissions is sought.
 2-4           SECTION 4.  Section 242.094, Health and Safety Code, is
 2-5     amended by adding Subsection (f) to read as follows:
 2-6           (f)  A court having jurisdiction of a judicial review of the
 2-7     matter may not order arbitration, whether on motion of any party or
 2-8     on the court's own motion, to resolve the legal issues of a dispute
 2-9     involving the:
2-10                 (1)  appointment of a trustee under this section; or
2-11                 (2)  conduct with respect to which the appointment of
2-12     trustee is sought.
2-13           SECTION 5.  This Act takes effect September 1, 1999.
2-14           SECTION 6.  This Act applies only to a suit that is commenced
2-15     on or after the effective date of this Act.  A suit that is
2-16     commenced before the effective date of this Act is governed by the
2-17     law applicable to the suit immediately before the effective date of
2-18     this Act, and that law is continued in effect for that purpose.
2-19           SECTION 7.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     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. 3451 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. 3451 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor