1-1 By: Moncrief S.B. No. 1197 1-2 (In the Senate - Filed March 10, 1999; March 11, 1999, read 1-3 first time and referred to Committee on Health Services; 1-4 March 17, 1999, reported favorably, as amended, by the following 1-5 vote: Yeas 5, Nays 0; March 17, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Nelson 1-7 Amend S.B. No. 1197 by striking Section 242.102(a), Health and 1-8 Safety Code, as added by SECTION 1 of the bill (page 1, lines 1-9 29-38, introduced version), and substituting the following: 1-10 (a) A person who owns, controls, or operates a home for 1-11 which a trustee is appointed under this subchapter and with respect 1-12 to which emergency assistance funds, other than funds used to pay 1-13 the expenses of the trustee, are used under this subchapter is 1-14 subject to exclusion from eligibility for issuance or renewal of a 1-15 license under Section 242.0615. The exclusion must terminate on 1-16 the fifth anniversary of the later of: 1-17 (1) the date on which the appointment of the trustee 1-18 terminates; or 1-19 (2) the last date on which emergency assistance funds 1-20 are used with respect to the home. 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to consequences of appointment of a trustee or expenditure 1-24 of emergency assistance funds for a nursing or convalescent home; 1-25 providing penalties. 1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-27 SECTION 1. Subchapter D, Chapter 242, Health and Safety 1-28 Code, is amended by adding Section 242.102 to read as follows: 1-29 Sec. 242.102. INELIGIBILITY FOR LICENSE. (a) A person who 1-30 owns, controls, or operates a home for which a trustee is appointed 1-31 under this subchapter or with respect to which emergency assistance 1-32 funds are used under this subchapter is ineligible for issuance or 1-33 renewal of a license under this chapter before the fifth 1-34 anniversary of the later of: 1-35 (1) the date on which the appointment of the trustee 1-36 terminates; or 1-37 (2) the last date on which emergency assistance funds 1-38 are used with respect to the home. 1-39 (b) For purposes of this section, a person "controls" a home 1-40 if the person is any person described by Sections 1-41 242.032(d)(2)-(4). 1-42 SECTION 2. Subchapter D, Chapter 12, Penal Code, is amended 1-43 by adding Section 12.48 to read as follows: 1-44 Sec. 12.48. CERTAIN OFFENSES RESULTING IN LOSS TO NURSING 1-45 AND CONVALESCENT HOMES. If it is shown on the trial of an offense 1-46 under Chapter 31 or 32 that, as a result of a loss incurred because 1-47 of the conduct charged, a trustee was appointed or emergency 1-48 assistance funds were used for a nursing or convalescent home under 1-49 Subchapter D, Chapter 242, Health and Safety Code, the punishment 1-50 for the offense is increased to the punishment prescribed for the 1-51 next higher category of offense except that a felony of the first 1-52 degree is punished as a felony of the first degree. 1-53 SECTION 3. This Act takes effect September 1, 1999. 1-54 SECTION 4. (a) The change in law made by this Act applies 1-55 only to the punishment for an offense committed on or after the 1-56 effective date of this Act. For purposes of this section, an 1-57 offense is committed before the effective date of this Act if any 1-58 element of the offense occurs before the effective date. 1-59 (b) An offense committed before the effective date of this 1-60 Act is covered by the law in effect when the offense was committed, 1-61 and the former law is continued in effect for this purpose. 1-62 SECTION 5. The importance of this legislation and the 1-63 crowded condition of the calendars in both houses create an 2-1 emergency and an imperative public necessity that the 2-2 constitutional rule requiring bills to be read on three several 2-3 days in each house be suspended, and this rule is hereby suspended. 2-4 * * * * *