1-1 AN ACT 1-2 relating to the creation of an assisted living facility trust fund. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter D, Chapter 242, Health and Safety 1-5 Code, is amended by adding Sections 242.0965 and 242.0975 to read 1-6 as follows: 1-7 Sec. 242.0965. ASSISTED LIVING FACILITY TRUST FUND AND 1-8 EMERGENCY ASSISTANCE FUNDS. (a) The assisted living facility 1-9 trust fund is a trust fund with the comptroller and shall be made 1-10 available to the department for expenditures without legislative 1-11 appropriation to make emergency assistance funds available to an 1-12 assisted living facility. 1-13 (b) A trustee of an assisted living facility may use the 1-14 emergency assistance funds only to alleviate an immediate threat to 1-15 the health or safety of the residents. The use may include 1-16 payments for: 1-17 (1) food; 1-18 (2) medication; 1-19 (3) sanitation services; 1-20 (4) minor repairs; 1-21 (5) supplies necessary for personal hygiene; or 1-22 (6) services necessary for the personal care, health, 1-23 and safety of the residents. 1-24 (c) A court may order the department to disburse emergency 1-25 assistance funds to an assisted living facility if the court finds 2-1 that: 2-2 (1) the assisted living facility has inadequate funds 2-3 accessible to the trustee for the operation of the assisted living 2-4 facility; 2-5 (2) an emergency exists that presents an immediate 2-6 threat to the health and safety of the residents; and 2-7 (3) it is in the best interests of the health and 2-8 safety of the residents that funds are immediately available. 2-9 (d) The department shall disburse money from the assisted 2-10 living facility trust fund as ordered by the court in accordance 2-11 with board rules. 2-12 (e) Any unencumbered amount in the assisted living facility 2-13 trust fund in excess of $500,000 at the end of each fiscal year 2-14 shall be transferred to the credit of the general revenue fund and 2-15 may be appropriated only to the department for its use in 2-16 administering and enforcing Chapter 247. 2-17 Sec. 242.0975. ADDITIONAL LICENSE FEE--ASSISTED LIVING 2-18 FACILITIES. (a) In addition to the license fee provided by 2-19 Section 247.024, the department shall adopt an annual fee to be 2-20 charged and collected if the amount of the assisted living facility 2-21 trust fund is less than $500,000. The fee shall be deposited to 2-22 the credit of the assisted living facility trust fund created by 2-23 this subchapter. 2-24 (b) The department may charge and collect a fee under this 2-25 section more than once each year only if necessary to ensure that 2-26 the amount in the assisted living facility trust fund is sufficient 3-1 to make the disbursements required under Section 242.0965. If the 3-2 department makes a second or subsequent assessment under this 3-3 subsection in any year, the department shall notify the governor 3-4 and the Legislative Budget Board. 3-5 (c) The department shall set the fee on the basis of the 3-6 number of beds in assisted living facilities required to pay the 3-7 fee and in an amount necessary to provide not more than $500,000 in 3-8 the fund. 3-9 SECTION 2. The section heading of Section 242.097, Health 3-10 and Safety Code, is amended to read as follows: 3-11 Sec. 242.097. ADDITIONAL LICENSE FEE--NURSING AND 3-12 CONVALESCENT HOMES. 3-13 SECTION 3. This Act takes effect immediately if it receives 3-14 a vote of two-thirds of all the members elected to each house, as 3-15 provided by Section 39, Article III, Texas Constitution. If this 3-16 Act does not receive the vote necessary for immediate effect, this 3-17 Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 691 passed the Senate on March 22, 2001, by the following vote: Yeas 30, Nays 0, one present, not voting. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 691 passed the House on May 23, 2001, by the following vote: Yeas 143, Nays 0, one present, not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor