1-1     By:  Hilderbran, Naishtat (Senate Sponsor - Moncrief) H.B. No. 3451
 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 arbitration to resolve certain matters relating to
 1-9     nursing homes and related institutions.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 242.061, Health and Safety Code, is
1-12     amended by adding Subsection (d) to read as follows:
1-13           (d)  A court having jurisdiction of a judicial review of the
1-14     matter may not order arbitration, whether on motion of any party or
1-15     on the court's own motion, to resolve a dispute involving the
1-16     denial, suspension, or revocation of a license under this section
1-17     or the conduct with respect to which the denial, suspension, or
1-18     revocation of the license is sought.
1-19           SECTION 2.  Section 242.062, Health and Safety Code, is
1-20     amended by adding Subsection (e) to read as follows:
1-21           (e)  A court having jurisdiction of a judicial review of the
1-22     matter may not order arbitration, whether on motion of any party or
1-23     on the court's own motion, to resolve a dispute involving an
1-24     emergency suspension or closing order under this section or the
1-25     conduct with respect to which the emergency suspension or closing
1-26     order is sought.
1-27           SECTION 3.  Section 242.072, Health and Safety Code, is
1-28     amended by adding Subsection (f) to read as follows:
1-29           (f)  A court having jurisdiction of a judicial review of the
1-30     matter may not order arbitration, whether on motion of any party or
1-31     on the court's own motion, to resolve a dispute involving an order
1-32     suspending admissions under this section or the conduct with
1-33     respect to which the order suspending admissions is sought.
1-34           SECTION 4.  Section 242.094, Health and Safety Code, is
1-35     amended by adding Subsection (f) to read as follows:
1-36           (f)  A court having jurisdiction of a judicial review of the
1-37     matter may not order arbitration, whether on motion of any party or
1-38     on the court's own motion, to resolve the legal issues of a dispute
1-39     involving the:
1-40                 (1)  appointment of a trustee under this section; or
1-41                 (2)  conduct with respect to which the appointment of
1-42     trustee is sought.
1-43           SECTION 5.  This Act takes effect September 1, 1999.
1-44           SECTION 6.  This Act applies only to a suit that is commenced
1-45     on or after the effective date of this Act.  A suit that is
1-46     commenced before the effective date of this Act is governed by the
1-47     law applicable to the suit immediately before the effective date of
1-48     this Act, and that law is continued in effect for that purpose.
1-49           SECTION 7.  The importance of this legislation and the
1-50     crowded condition of the calendars in both houses create an
1-51     emergency and an imperative public necessity that the
1-52     constitutional rule requiring bills to be read on three several
1-53     days in each house be suspended, and this rule is hereby suspended.
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