By Moncrief S.B. No. 691
77R2772 JRD-D
A BILL TO BE ENTITLED
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 Code,
1-5 is amended by adding Sections 242.0965 and 242.0975 to read as
1-6 follows:
1-7 Sec. 242.0965. ASSISTED LIVING FACILITY TRUST FUND AND
1-8 EMERGENCY ASSISTANCE FUNDS. (a) The assisted living facility trust
1-9 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
2-1 assistance funds to an assisted living facility if the court finds
2-2 that:
2-3 (1) the assisted living facility has inadequate funds
2-4 accessible to the trustee for the operation of the assisted living
2-5 facility;
2-6 (2) an emergency exists that presents an immediate
2-7 threat to the health and safety of the residents; and
2-8 (3) it is in the best interests of the health and
2-9 safety of the residents that funds are immediately available.
2-10 (d) The department shall disburse money from the assisted
2-11 living facility trust fund as ordered by the court in accordance
2-12 with board rules.
2-13 (e) Any unencumbered amount in the assisted living facility
2-14 trust fund in excess of $500,000 at the end of each fiscal year
2-15 shall be transferred to the credit of the general revenue fund and
2-16 may be appropriated only to the department for its use in
2-17 administering and enforcing Chapter 247.
2-18 Sec. 242.0975. ADDITIONAL LICENSE FEE--ASSISTED LIVING
2-19 FACILITIES. (a) In addition to the license fee provided by Section
2-20 247.024, the department shall adopt an annual fee to be charged and
2-21 collected if the amount of the assisted living facility trust fund
2-22 is less than $500,000. The fee shall be deposited to the credit of
2-23 the assisted living facility trust fund created by 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
2-27 to make the disbursements required under Section 242.0965. If the
3-1 department makes a second or subsequent assessment under this
3-2 subsection in any year, the department shall notify the governor
3-3 and the Legislative Budget Board.
3-4 (c) The department shall set the fee on the basis of the
3-5 number of beds in assisted living facilities required to pay the
3-6 fee and in an amount necessary to provide not more than $500,000 in
3-7 the fund.
3-8 SECTION 2. The section heading of Section 242.097, Health and
3-9 Safety Code, is amended to read as follows:
3-10 Sec. 242.097. ADDITIONAL LICENSE FEE--NURSING AND
3-11 CONVALESCENT HOMES.
3-12 SECTION 3. This Act takes effect immediately if it receives
3-13 a vote of two-thirds of all the members elected to each house, as
3-14 provided by Section 39, Article III, Texas Constitution. If this
3-15 Act does not receive the vote necessary for immediate effect, this
3-16 Act takes effect September 1, 2001.