By Zaffirini                                            S.B. No. 19
         76R2048 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the renewal of certain initial probationary licenses
 1-3     granted for a nursing or convalescent home or related institution.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 242.033, Health and Safety Code, is
 1-6     amended by amending Subsection (d) and adding Subsection (f) to
 1-7     read as follows:
 1-8           (d)  Except as provided by Subsection (f), a [A] license is
 1-9     renewable every two years after:
1-10                 (1)  an inspection, unless an inspection is not
1-11     required as provided by Section 242.047;
1-12                 (2)  payment of the license fee; and
1-13                 (3)  department approval of the report filed every two
1-14     years by the licensee.
1-15           (f)  The initial license issued to a license holder who has
1-16     not previously held a license under this subchapter is a
1-17     probationary license.  A probationary license is valid for only one
1-18     year.  At the end of the one-year period, a license under
1-19     Subsection (a) may be issued only after:
1-20                 (1)  the department finds that the license holder and
1-21     any other person described by Section 242.032(d) continue to  meet
1-22     the requirements established under each provision of this chapter
1-23     and any rule or standard adopted under this chapter;
1-24                 (2)  an inspection, unless an inspection is not
 2-1     required as provided by Section  242.047;
 2-2                 (3)  payment of the license fee; and
 2-3                 (4)  department approval of the report required for
 2-4     license renewal that complies with rules adopted under Subsection
 2-5     (e).
 2-6           SECTION 2.  This Act takes effect September 1, 1999. The
 2-7     change in law made by this Act applies only to the term and renewal
 2-8     of an initial probationary license described by Section 242.033(f),
 2-9     Health and Safety Code, as added by this Act, that is first issued
2-10     on or after that date. The term and renewal of an initial license
2-11     described by Section 242.033(f), Health and Safety Code, as added
2-12     by this Act, that is first issued before that date is governed by
2-13     the law in effect immediately before the  effective date of this
2-14     Act, and that law is continued in effect for that purpose.
2-15           SECTION 3.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.