| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the liability of and legal fees for a trustee of certain |
|
|
facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 242, Health and Safety |
|
|
Code, is amended by adding Section 242.0947 to read as follows: |
|
|
Sec. 242.0947. LIMITATION ON CIVIL LIABILITY. A person |
|
|
appointed as trustee under Section 242.094 is not liable for civil |
|
|
damages for an action made in good faith in the official scope of |
|
|
the trustee's duties. |
|
|
SECTION 2. Section 242.095, Health and Safety Code, is |
|
|
amended by adding Subsection (a-1) to read as follows: |
|
|
(a-1) The trustee is entitled to payment for reasonable |
|
|
legal fees incurred by the trustee in fulfilling the trustee's |
|
|
responsibilities. |
|
|
SECTION 3. Section 242.096, Health and Safety Code, is |
|
|
amended by adding Subsection (c-1) to read as follows: |
|
|
(c-1) A trustee of a home may use the emergency assistance |
|
|
funds to pay for reasonable legal fees incurred by the trustee in |
|
|
fulfilling the trustee's responsibilities. A court may order the |
|
|
department to disburse emergency assistance funds to a trustee to |
|
|
pay for reasonable legal fees incurred by the trustee in fulfilling |
|
|
the trustee's responsibilities. |
|
|
SECTION 4. Section 242.0965, Health and Safety Code, is |
|
|
amended by adding Subsection (c-1) to read as follows: |
|
|
(c-1) A trustee of an assisted living facility may use the |
|
|
emergency assistance funds to pay for reasonable legal fees |
|
|
incurred by the trustee in fulfilling the trustee's |
|
|
responsibilities. A court may order the department to disburse |
|
|
emergency assistance funds to a trustee to pay for reasonable legal |
|
|
fees incurred by the trustee in fulfilling the trustee's |
|
|
responsibilities. |
|
|
SECTION 5. Subchapter D, Chapter 252, Health and Safety |
|
|
Code, is amended by adding Section 252.0935 to read as follows: |
|
|
Sec. 252.0935. LIMITATION ON CIVIL LIABILITY. A person |
|
|
appointed as trustee under Section 252.093 is not liable for civil |
|
|
damages for an action made in good faith in the official scope of |
|
|
the trustee's duties. |
|
|
SECTION 6. Section 252.095, Health and Safety Code, is |
|
|
amended by adding Subsection (e) to read as follows: |
|
|
(e) A trustee may use the emergency assistance funds to pay |
|
|
for reasonable legal fees incurred by the trustee in fulfilling the |
|
|
trustee's responsibilities. A court may order the department to |
|
|
disburse emergency assistance funds to a trustee to pay for |
|
|
reasonable legal fees incurred by the trustee in fulfilling the |
|
|
trustee's responsibilities. |
|
|
SECTION 7. (a) Sections 242.0947 and 252.0935, Health and |
|
|
Safety Code, as added by this Act, apply only to an act by a trustee |
|
|
that occurs on or after the effective date of this Act. An act that |
|
|
occurred before the effective date of this Act is governed by the |
|
|
law in effect when the act occurred, and the former law is continued |
|
|
in effect for that purpose. |
|
|
(b) Sections 242.095, 242.096, 242.0965, and 252.095, |
|
|
Health and Safety Code, as amended by this Act, apply only to legal |
|
|
fees incurred by a trustee on or after the effective date of this |
|
|
Act. Legal fees incurred by a trustee before the effective date of |
|
|
this Act are governed by the law in effect when the fees were |
|
|
incurred, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 8. This Act takes effect September 1, 2009. |