By Zaffirini                                           S.B. No. 109
         76R2129 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to reports of certain conduct or conditions in nursing
 1-3     homes and  related institutions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 242.1225, Health and Safety Code, is
 1-6     repealed.
 1-7           SECTION 2.  Section 242.066(f), Health and Safety Code, is
 1-8     amended to read as follows:
 1-9           (f)  The penalty for a violation of Section 242.072(c) [, a
1-10     rule adopted under Section 242.1225,] or a right of a resident
1-11     adopted under Subchapter L may not exceed $1,000 a day for each
1-12     violation.  This subsection does not apply to conduct that violates
1-13     both Subchapter K or a standard adopted under Subchapter K and a
1-14     right of a resident adopted under Subchapter L.
1-15           SECTION 3.  Section 242.0665(b), Health and Safety Code, is
1-16     amended to read as follows:
1-17           (b)  Subsection (a) does not apply:
1-18                 (1)  to a violation that the department determines:
1-19                       (A)  results in serious harm to or death of a
1-20     resident;
1-21                       (B)  constitutes a serious threat to the health
1-22     or safety of a resident; or
1-23                       (C)  substantially limits the institution's
1-24     capacity to provide care;
 2-1                 (2)  to a violation described by Sections
 2-2     242.066(a)(2)-(6);
 2-3                 (3)  to a violation [of a rule adopted under Section
 2-4     242.1225 or] of Section 242.133 or 242.1335; or
 2-5                 (4)  to a violation of a right of a resident adopted
 2-6     under Subchapter L.
 2-7           SECTION 4.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended,
2-12     and that this Act take effect and be in force from and after its
2-13     passage, and it is so enacted.