By Hilderbran H.B. No. 3452
76R8311 MCK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to binding arbitration to resolve certain disputes
1-3 involving certain residential and custodial facilities licensed by
1-4 the Texas Department of Human Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 242.252, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 242.252. ELECTION OF ARBITRATION. (a) Except as
1-9 provided by Subsection (d), an [An] affected institution may elect
1-10 binding arbitration of any dispute to which this subchapter
1-11 applies. Arbitration under this subchapter is an alternative to a
1-12 contested case hearing or to a judicial proceeding relating to the
1-13 assessment of a civil penalty.
1-14 (b) An affected institution may elect arbitration under this
1-15 subchapter by filing the election with the court in which the
1-16 lawsuit is pending and sending notice of the election to the
1-17 department and the office of the attorney general. The election
1-18 must be filed not later than the 10th day after the date on which
1-19 the answer is due or the date on which the answer is filed,
1-20 whichever is sooner [after a notice of hearing relating to any
1-21 dispute described by Section 242.251 is received by the
1-22 institution].
1-23 (c) The department may elect arbitration under this
1-24 subchapter by filing the election with the court in which the
2-1 lawsuit is pending and by notifying the institution of the election
2-2 not later than the date that the institution may elect arbitration
2-3 under Subsection (b).
2-4 (d) Except as provided by this subsection, arbitration may
2-5 not be used to resolve a lawsuit under this subchapter that alleges
2-6 that there has been a death, serious bodily injury, sexual abuse,
2-7 or physical abuse of a resident. The department may elect
2-8 arbitration in a lawsuit that alleges that there has been a death,
2-9 serious bodily injury, sexual abuse, or physical abuse of a
2-10 resident only if the affected institution agrees to arbitration.
2-11 The affected institution must respond to the department's request
2-12 for arbitration not later than the 10th day after the date the
2-13 department files the request for arbitration.
2-14 (e) If arbitration is not permitted under this subchapter or
2-15 the election of arbitration is not timely filed:
2-16 (1) the court will dismiss the arbitration election
2-17 and retain jurisdiction of the lawsuit; and
2-18 (2) the State Office of Administrative Hearings shall
2-19 dismiss the arbitration and has no jurisdiction over the lawsuit.
2-20 (f) An election to engage in arbitration under this
2-21 subchapter is irrevocable and binding on the institution and the
2-22 department.
2-23 SECTION 2. This Act takes effect September 1, 1999, and
2-24 applies only to a cause of action that accrues on or after that
2-25 date. A cause of action that accrues before the effective date of
2-26 this Act is governed by the law in effect on the date the cause of
2-27 action accrues, and that law is continued in effect for that
3-1 purpose.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.
3-7 COMMITTEE AMENDMENT NO. 1
3-8 Amend HB 3452, as filed, as follows:
3-9 On page 1, at the end of line 22, add: "If a civil penalty
3-10 is requested after the initial filing of a Section 242.094 lawsuit
3-11 through the filing of an amended or supplemental pleading, an
3-12 affected institution must elect arbitration not later than the 10th
3-13 day after the date on which the amended or supplemental pleading is
3-14 served on the affected institution or its counsel."
3-15 Nixon
3-16 COMMITTEE AMENDMENT NO. 2
3-17 Amend HB 3452, as filed, as follows:
3-18 On page 2, line 4, strike subsection (d) and substitute a new
3-19 subsection (d) to read as follows:
3-20 (d) Arbitration may not be used to resolve a dispute related
3-21 to an affected institution that has had an award levied against it
3-22 in the previous five years.
3-23 Nixon