C.S.S.B. 1237 78(R)    BILL ANALYSIS


C.S.S.B. 1237
By: Estes
Human Services
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Veterans Land Board (VLB) owns four State Veterans Homes (TSVH)
licensed under Chapter 242 (Convalescent and Nursing Homes and Related
Institutions), Health & Safety Code. Section 242.096 (Nursing and
Convalescent Home Trust Fund and Emergency Assistance Funds), Health &
Safety Code, establishes an emergency assistance fund to be used to meet
the basic needs of residents should a licensed home go into receivership.
The Department of Human Services is authorized to assess a fee against all
licensed convalescent or nursing homes if this fund drops below a certain
level. Although TSVH has to pay into the fund, it would never benefit from
the fund. Should a veterans home lose its license or close, VLB would
resume control of the home and appoint a new operator. C.S.S.B. 1237
exempts a veterans home from Section 242.097 (Additional License Fee -
Nursing and Convalescent Homes), Health & Safety Code. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

ANALYSIS

SECTION 1.  Amends Section 242.095, Health and Safety Code, by adding
Subsection (d) to provide that should the department be required to
appoint a trustee for a veteran's home, the Veteran's Land Board is
responsible for the trustee's fee.   

SECTION 2.  Amends Section 242.097, Health and Safety Code, by adding
Subsection (d) to provide that this section does not apply to a veterans
home as defined by Section 164.002 (Definitions), Natural Resources Code.  

SECTION 3. Effective date: upon passage or September 1, 2003. 

EFFECTIVE DATE

Upon passage or September 1, 2003. 
   
COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds language to ensure that should the department be
required to appoint a trustee for a veteran's home, then the Veteran's
Land Board is responsible for the trustee's fee.