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.