By: Moncrief S.B. No. 1051
99S0720/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the enforcement of an arbitration order in certain
1-2 disputes involving a licensed nursing facility and the Texas
1-3 Department of Human Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter J, Chapter 242, Health and Safety
1-6 Code, is amended by adding Section 242.269 to read as follows:
1-7 Sec. 242.269. ENFORCEMENT OF ARBITRATION ORDER. (a) Upon
1-8 application of a party, the district court in which the underlying
1-9 lawsuit has been filed shall enter a judgment in conformity with
1-10 the arbitration award unless, within the time limits imposed under
1-11 Section 242.267, grounds are offered for vacating the order under
1-12 Section 242.267.
1-13 (b) A judgment entered under Subsection (a) shall be
1-14 enforced in the same manner as any other judgment or decree. The
1-15 court may award costs of the application under Subsection (a) and
1-16 of any proceeding to enforce an arbitrator's order under this
1-17 section.
1-18 SECTION 2. The changes in law made by this Act apply only to
1-19 a cause of action that accrues on or after the effective date of
1-20 this Act. A cause of action that accrues before the effective date
1-21 of this Act is governed by the law in effect on the date the cause
1-22 of action accrues, and that law is continued in effect for that
1-23 purpose.
1-24 SECTION 3. This Act takes effect September 1, 1999.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.