76R8360 DLF-D
By Zaffirini S.B. No. 109
Substitute the following for S.B. No. 109:
By Maxey C.S.S.B. No. 109
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nursing 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1-5 repealed.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. Section 242.066(f), Health and Safety Code, is
1-7 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. Section 242.0665(b), Health and Safety Code, is
1-15 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. Section 242.652, Health and Safety Code, is
2-7 amended by adding Subsection (d) to read as follows:
2-8 (d) A public member of the committee may be reimbursed for
2-9 the travel expenses incurred by the member while conducting the
2-10 business of the committee at the rate established in the General
2-11 Appropriations Act.
2-12 SECTION 5. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.