By Zaffirini S.B. No. 1142 76R8544 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to consequences of appointment of trustee or expenditure 1-3 of emergency assistance funds for a nursing or convalescent home. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 242, Health and Safety 1-6 Code, is amended by adding Section 242.102 to read as follows: 1-7 Sec. 242.102. INELIGIBILITY FOR LICENSE. (a) A person who 1-8 owns, controls, or operates a home for which a trustee is appointed 1-9 under this subchapter or with respect to which emergency assistance 1-10 funds are used under this subchapter is ineligible for issuance or 1-11 renewal of a license under this chapter before the fifth 1-12 anniversary of the later of: 1-13 (1) the date on which the appointment of the trustee 1-14 terminates; or 1-15 (2) the last date on which emergency assistance funds 1-16 are used with respect to the home. 1-17 (b) For purposes of this section, a person "controls" a home 1-18 if the person is any person described by Sections 1-19 242.032(d)(2)-(4). 1-20 SECTION 2. Subchapter D, Chapter 12, Penal Code, is amended 1-21 by adding Section 12.48 to read as follows: 1-22 Sec. 12.48. CERTAIN OFFENSES RESULTING IN LOSS TO NURSING 1-23 AND CONVALESCENT HOMES. If it is shown on the trial of an offense 1-24 under Chapter 31 or 32 that, as a result of a loss incurred because 2-1 of the conduct charged, a trustee was appointed or emergency 2-2 assistance funds were used for a nursing or convalescent home under 2-3 Subchapter D, Chapter 242, Health and Safety Code, the punishment 2-4 for the offense is increased to the punishment prescribed for the 2-5 next higher category of offense except that a felony of the first 2-6 degree is punished as a felony of the first degree. 2-7 SECTION 3. This Act takes effect September 1, 1999. 2-8 SECTION 4. (a) The change in law made by this Act applies 2-9 only to the punishment for an offense committed on or after the 2-10 effective date of this Act. For purposes of this section, an 2-11 offense is committed before the effective date of this Act if any 2-12 element of the offense occurs before the effective date. 2-13 (b) An offense committed before the effective date of this 2-14 Act is covered by the law in effect when the offense was committed, 2-15 and the former law is continued in effect for this purpose. 2-16 SECTION 5. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.