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