1-1     By:  Zaffirini                                         S.B. No. 109
 1-2           (In the Senate - Filed December 18, 1998; January 28, 1999,
 1-3     read first time and referred to Committee on Health Services;
 1-4     February 1, 1999, rereferred to Committee on Human Services;
 1-5     February 11, 1999, reported favorably by the following vote:  Yeas
 1-6     4, Nays 0; February 11, 1999, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to reports of certain conduct or conditions in nursing
1-10     homes and related institutions.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 242.1225, Health and Safety Code, is
1-13     repealed.
1-14           SECTION 2.  Subsection (f), Section 242.066, Health and
1-15     Safety Code, is amended to read as follows:
1-16           (f)  The penalty for a violation of Section 242.072(c)[, a
1-17     rule adopted under Section 242.1225,] or a right of a resident
1-18     adopted under Subchapter L may not exceed $1,000 a day for each
1-19     violation.  This subsection does not apply to conduct that violates
1-20     both Subchapter K or a standard adopted under Subchapter K and a
1-21     right of a resident adopted under Subchapter L.
1-22           SECTION 3.  Subsection (b), Section 242.0665, Health and
1-23     Safety Code, is amended to read as follows:
1-24           (b)  Subsection (a) does not apply:
1-25                 (1)  to a violation that the department determines:
1-26                       (A)  results in serious harm to or death of a
1-27     resident;
1-28                       (B)  constitutes a serious threat to the health
1-29     or safety of a resident; or
1-30                       (C)  substantially limits the institution's
1-31     capacity to provide care;
1-32                 (2)  to a violation described by Sections
1-33     242.066(a)(2)-(6);
1-34                 (3)  to a violation [of a rule adopted under Section
1-35     242.1225 or] of Section 242.133 or 242.1335; or
1-36                 (4)  to a violation of a right of a resident adopted
1-37     under Subchapter L.
1-38           SECTION 4.  The importance of this legislation and the
1-39     crowded condition of the calendars in both houses create an
1-40     emergency and an imperative public necessity that the
1-41     constitutional rule requiring bills to be read on three several
1-42     days in each house be suspended, and this rule is hereby suspended,
1-43     and that this Act take effect and be in force from and after its
1-44     passage, and it is so enacted.
1-45                                  * * * * *