AN ACT
 1-1     relating to nursing homes and related institutions.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 242.1225, Health and Safety Code, is
 1-4     repealed.
 1-5           SECTION 2.  Subsection (f), Section 242.066, Health and
 1-6     Safety Code, is amended to read as follows:
 1-7           (f)  The penalty for a violation of Section 242.072(c)[, a
 1-8     rule adopted under Section 242.1225,] or a right of a resident
 1-9     adopted under Subchapter L may not exceed $1,000 a day for each
1-10     violation.  This subsection does not apply to conduct that violates
1-11     both Subchapter K or a standard adopted under Subchapter K and a
1-12     right of a resident adopted under Subchapter L.
1-13           SECTION 3.  Subsection (b), Section 242.0665, Health and
1-14     Safety Code, is amended to read as follows:
1-15           (b)  Subsection (a) does not apply:
1-16                 (1)  to a violation that the department determines:
1-17                       (A)  results in serious harm to or death of a
1-18     resident;
1-19                       (B)  constitutes a serious threat to the health
1-20     or safety of a resident; or
1-21                       (C)  substantially limits the institution's
1-22     capacity to provide care;
1-23                 (2)  to a violation described by Sections
1-24     242.066(a)(2)-(6);
 2-1                 (3)  to a violation [of a rule adopted under Section
 2-2     242.1225 or] of Section 242.133 or 242.1335; or
 2-3                 (4)  to a violation of a right of a resident adopted
 2-4     under Subchapter L.
 2-5           SECTION 4.  Section 242.652, Health and Safety Code, is
 2-6     amended by adding Subsection (d) to read as follows:
 2-7           (d)  A public member of the committee may be reimbursed for
 2-8     the travel expenses incurred by the member while conducting the
 2-9     business of the committee at the rate established in the General
2-10     Appropriations Act.
2-11           SECTION 5.  The importance of this legislation and the
2-12     crowded condition of the calendars in both houses create an
2-13     emergency and an imperative public necessity that the
2-14     constitutional rule requiring bills to be read on three several
2-15     days in each house be suspended, and this rule is hereby suspended,
2-16     and that this Act take effect and be in force from and after its
2-17     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 109 passed the Senate on
         February 22, 1999, by the following vote:  Yeas 31, Nays 0; and
         that the Senate concurred in House amendment on April 30, 1999, by
         the following vote:  Yeas 29, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 109 passed the House, with
         amendment, on April 16, 1999, by the following vote:  Yeas 136,
         Nays 0, two present not voting.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor