By:  Zaffirini                                         S.B. No. 109
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to reports of certain conduct or conditions in nursing
 1-2     homes and related institutions.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 242.1225, Health and Safety Code, is
 1-5     repealed.
 1-6           SECTION 2.  Subsection (f), Section 242.066, Health and
 1-7     Safety Code, is amended to read as follows:
 1-8           (f)  The penalty for a violation of Section 242.072(c)[, a
 1-9     rule adopted under Section 242.1225,] or a right of a resident
1-10     adopted under Subchapter L may not exceed $1,000 a day for each
1-11     violation.  This subsection does not apply to conduct that violates
1-12     both Subchapter K or a standard adopted under Subchapter K and a
1-13     right of a resident adopted under Subchapter L.
1-14           SECTION 3.  Subsection (b), Section 242.0665, Health and
1-15     Safety Code, is amended to read as follows:
1-16           (b)  Subsection (a) does not apply:
1-17                 (1)  to a violation that the department determines:
1-18                       (A)  results in serious harm to or death of a
1-19     resident;
1-20                       (B)  constitutes a serious threat to the health
1-21     or safety of a resident; or
1-22                       (C)  substantially limits the institution's
1-23     capacity to provide care;
1-24                 (2)  to a violation described by Sections
 2-1     242.066(a)(2)-(6);
 2-2                 (3)  to a violation [of a rule adopted under Section
 2-3     242.1225 or] of Section 242.133 or 242.1335; or
 2-4                 (4)  to a violation of a right of a resident adopted
 2-5     under Subchapter L.
 2-6           SECTION 4.  The importance of this legislation and the
 2-7     crowded condition of the calendars in both houses create an
 2-8     emergency and an imperative public necessity that the
 2-9     constitutional rule requiring bills to be read on three several
2-10     days in each house be suspended, and this rule is hereby suspended,
2-11     and that this Act take effect and be in force from and after its
2-12     passage, and it is so enacted.