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By: Madden (Senate Sponsor - Deuell) |
H.B. No. 2392 |
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(In the Senate - Received from the House May 9, 2007; |
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May 10, 2007, read first time and referred to Committee on Health |
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and Human Services; May 18, 2007, reported adversely, with |
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favorable Committee Substitute by the following vote: Yeas 7, |
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Nays 0; May 18, 2007, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 2392 |
By: Deuell |
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A BILL TO BE ENTITLED
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AN ACT
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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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