By Hilderbran H.B. No. 3451
76R8313 DLF-F
A BILL TO BE ENTITLED
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 a dispute involving the:
2-9 (1) appointment of a trustee under this section;
2-10 (2) assessment of a civil penalty under Section
2-11 242.065 in the same proceeding and arising out of the same conduct
2-12 with respect to which the appointment of a trustee is sought; or
2-13 (3) conduct with respect to which the appointment of a
2-14 trustee or assessment of the civil penalty is sought.
2-15 SECTION 5. This Act takes effect September 1, 1999.
2-16 SECTION 6. This Act applies only to a suit that is commenced
2-17 on or after the effective date of this Act. A suit that is
2-18 commenced before the effective date of this Act is governed by the
2-19 law applicable to the suit immediately before the effective date of
2-20 this Act, and that law is continued in effect for that purpose.
2-21 SECTION 7. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.
2-26 COMMITTEE AMENDMENT NO. 1
2-27 Amend HB 3451, as filed, as follows:
3-1 On page 2, line 4 strike SECTION 4 of the bill and substitute
3-2 a new SECTION 4, to read as follows: "SECTION 4. Section 242.094,
3-3 Health and Safety Code, is amended by adding Subsection (f) to read
3-4 as follows:
3-5 (f) A court having jurisdiction of a judicial review of the
3-6 matter may not order arbitration, whether on motion of any party or
3-7 on the court's own motion, to resolve the legal issues of a dispute
3-8 involving the:
3-9 (1) appointment of a trustee under this section; or
3-10 (2) conduct with respect to which the appointment of
3-11 trustee is sought."
3-12 Goodman