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relating to escrow fees required for the construction and leasing |
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of certain health facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 246, Health and Safety |
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Code, is amended by adding Sections 246.0735 and 246.0736 to read as |
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follows: |
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Sec. 246.0735. PHASE-IN FACILITIES. The commissioner may |
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create requirements for escrow release different from those under |
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Section 246.073 for facilities that obtain a certificate of |
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authority issued under this subchapter before the commencement of |
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facility construction. A facility that meets the commissioner's |
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requirements under this section is not required to satisfy Section |
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246.073. |
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Sec. 246.0736. CONTINUING RELEASE OF ESCROW. (a) After the |
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initial release of an entrance fee by an escrow agent for a specific |
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facility, the commissioner shall authorize an escrow agent to |
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continue to release escrowed entrance fees for that facility to the |
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provider without further proof of satisfying the requirements of |
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Section 246.073 if: |
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(1) the provider provides a monthly report to the |
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department on marketing activities for living units of the |
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facility; and |
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(2) the provider immediately informs the department of |
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any problems, issues, or irregularities encountered in its |
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marketing activities for the facility. |
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(b) If the provider fails to meet the requirements of |
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Subsection (a), the commissioner may require the provider to |
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satisfy the requirements of Section 246.073 before the commissioner |
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authorizes the escrow agent to continue releasing escrowed entrance |
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fees to the provider. |
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(c) The commissioner shall adopt rules to implement this |
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section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2392 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2392 on May 25, 2007, by the following vote: Yeas 141, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2392 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |