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 1-5     repealed.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.