By: Moncrief S.B. No. 1197 A BILL TO BE ENTITLED AN ACT 1-1 relating to the appointment of a trustee and the expenditure of 1-2 emergency assistance funds for a nursing or convalescent home; 1-3 providing penalties. 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 Sections 242.0945 and 242.0946 to read 1-7 as follows: 1-8 Sec. 242.0945. QUALIFICATIONS OF TRUSTEES. (a) A court may 1-9 appoint a person to serve as a trustee under this subchapter only 1-10 if the proposed trustee can demonstrate to the court that the 1-11 proposed trustee will be: 1-12 (1) present at the home at least 40 hours each week; 1-13 and 1-14 (2) available on call at all other times during the 1-15 appointment. 1-16 (b) A court shall require a trustee to report to the court 1-17 in the event that the trustee is unable to satisfy the requirements 1-18 of Subsection (a)(1) or (2). 1-19 (c) On the motion of any party or on the court's own motion, 1-20 the court shall replace a trustee who is unable to satisfy the 1-21 requirements of Subsection (a)(1) or (2). 1-22 Sec. 242.0946. NEPOTISM PROHIBITION. A person serving as a 1-23 trustee under this subchapter may not employ or otherwise appoint 1-24 an individual to work with the trustee in the home who is related 2-1 to the trustee within the third degree of consanguinity or 2-2 affinity, as determined under Chapter 573, Government Code. 2-3 SECTION 2. Subsection (a), Section 242.095, Health and 2-4 Safety Code, is amended to read as follows: 2-5 (a) A trustee appointed under this subchapter is entitled to 2-6 a reasonable fee as determined by the court. The fee may not 2-7 exceed an hourly rate equal to 150 percent of the median hourly 2-8 rate paid to a nursing facility administrator in this state for a 2-9 home of a comparable size. 2-10 SECTION 3. Subchapter D, Chapter 242, Health and Safety 2-11 Code, is amended by adding Section 242.102 to read as follows: 2-12 Sec. 242.102. INELIGIBILITY FOR LICENSE. (a) A person who 2-13 owns, controls, or operates a home for which a trustee is appointed 2-14 under this subchapter and with respect to which emergency 2-15 assistance funds, other than funds used to pay the expenses of the 2-16 trustee, are used under this subchapter is subject to exclusion 2-17 from eligibility for: 2-18 (1) issuance of an original license for a home for 2-19 which the person has not previously held a license; or 2-20 (2) renewal of the license for the home for which the 2-21 trustee is appointed. 2-22 (b) Exclusion under this section is governed by Section 2-23 242.0615. 2-24 (c) For purposes of this section, a person "controls" a home 2-25 if the person is any person described by Sections 2-26 242.032(d)(2)-(4). 3-1 SECTION 4. Subchapter D, Chapter 12, Penal Code, is amended 3-2 by adding Section 12.48 to read as follows: 3-3 Sec. 12.48. CERTAIN OFFENSES RESULTING IN LOSS TO NURSING 3-4 AND CONVALESCENT HOMES. If it is shown on the trial of an offense 3-5 under Chapter 31 or 32 that, as a result of a loss incurred because 3-6 of the conduct charged, a trustee was appointed or emergency 3-7 assistance funds were used for a nursing or convalescent home under 3-8 Subchapter D, Chapter 242, Health and Safety Code, the punishment 3-9 for the offense is increased to the punishment prescribed for the 3-10 next higher category of offense except that a felony of the first 3-11 degree is punished as a felony of the first degree. 3-12 SECTION 5. This Act takes effect September 1, 1999. 3-13 SECTION 6. (a) The change in law made by this Act applies 3-14 only to the punishment for an offense committed on or after the 3-15 effective date of this Act. For purposes of this section, an 3-16 offense is committed before the effective date of this Act if any 3-17 element of the offense occurs before the effective date. 3-18 (b) An offense committed before the effective date of this 3-19 Act is covered by the law in effect when the offense was committed, 3-20 and the former law is continued in effect for this purpose. 3-21 SECTION 7. The importance of this legislation and the 3-22 crowded condition of the calendars in both houses create an 3-23 emergency and an imperative public necessity that the 3-24 constitutional rule requiring bills to be read on three several 3-25 days in each house be suspended, and this rule is hereby suspended.