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.