By Naishtat                                           H.B. No. 3628
         76R8544 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to consequences of appointment of trustee or expenditure
 1-3     of emergency assistance funds for a nursing or convalescent home.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 242, Health and Safety
 1-6     Code, is amended by adding Section 242.102 to read as follows:
 1-7           Sec. 242.102.  INELIGIBILITY FOR LICENSE.  (a)  A person who
 1-8     owns, controls, or operates a home for which a trustee is appointed
 1-9     under this subchapter or with respect to which emergency assistance
1-10     funds are used under this subchapter is ineligible for issuance or
1-11     renewal of a license under this chapter before the fifth
1-12     anniversary of the later of:
1-13                 (1)  the date on which the appointment of the trustee
1-14     terminates; or
1-15                 (2)  the last date on which emergency assistance funds
1-16     are used with respect to the home.
1-17           (b)  For purposes of this section, a person "controls" a home
1-18     if the person is any person described by Sections
1-19     242.032(d)(2)-(4).
1-20           SECTION 2.  Subchapter D, Chapter 12, Penal Code, is amended
1-21     by adding Section 12.48 to read as follows:
1-22           Sec. 12.48.  CERTAIN OFFENSES RESULTING IN LOSS TO NURSING
1-23     AND CONVALESCENT HOMES.  If it is shown on the trial of an offense
1-24     under Chapter 31 or 32 that, as a result of a loss incurred because
 2-1     of the conduct charged, a trustee was appointed or emergency
 2-2     assistance funds were used for a nursing or convalescent home under
 2-3     Subchapter D, Chapter 242, Health and Safety Code, the punishment
 2-4     for the offense is increased to the punishment prescribed for the
 2-5     next higher category of offense except that a felony of the first
 2-6     degree is punished as a felony of the first degree.
 2-7           SECTION 3.  This Act takes effect September 1, 1999.
 2-8           SECTION 4.  (a)  The change in law made by this Act applies
 2-9     only to the punishment for an offense committed on or after the
2-10     effective date of this Act.  For purposes of this section, an
2-11     offense is committed before the effective date of this Act if any
2-12     element of the offense occurs before the effective date.
2-13           (b)  An offense committed before the effective date of this
2-14     Act is covered by the law in effect when the offense was committed,
2-15     and the former law is continued in effect for this purpose.
2-16           SECTION 5.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.