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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 trustee of certain |
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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. A person |
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appointed as trustee under Section 242.094 is not liable for civil |
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damages for an action made in good faith in the official scope of |
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the trustee's duties. |
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SECTION 2. Section 242.095, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The trustee is entitled to payment for actual legal |
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fees incurred by the trustee in fulfilling the trustee's |
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responsibilities. |
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SECTION 3. Section 242.096, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A trustee of a home may use the emergency assistance |
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funds to pay for actual legal fees incurred by the trustee in |
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fulfilling the trustee's responsibilities. A court may order the |
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department to disburse emergency assistance funds to a trustee to |
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pay for actual legal fees incurred by the trustee in fulfilling the |
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trustee's responsibilities. |
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SECTION 4. Section 242.0965, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A trustee of an assisted living facility may use the |
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emergency assistance funds to pay for actual legal fees incurred by |
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the trustee in fulfilling the trustee's responsibilities. A court |
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may order the department to disburse emergency assistance funds to |
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a trustee to pay for actual legal fees incurred by the trustee in |
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fulfilling the trustee's responsibilities. |
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SECTION 5. 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. A person |
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appointed as trustee under Section 252.093 is not liable for civil |
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damages for an action made in good faith in the official scope of |
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the trustee's duties. |
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SECTION 6. Section 252.095, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A trustee may use the emergency assistance funds to pay |
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for actual legal fees incurred by the trustee in fulfilling the |
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trustee's responsibilities. A court may order the department to |
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disburse emergency assistance funds to a trustee to pay for actual |
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legal fees incurred by the trustee in fulfilling the trustee's |
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responsibilities. |
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SECTION 7. (a) Sections 242.0947 and 252.0935, Health and |
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Safety Code, as added by this Act, apply only to an act by a trustee |
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that occurs on or after the effective date of this Act. An act that |
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occured before the effective date of this Act is governed by the law |
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in effect when the act occurred, and the former law is continued in |
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effect for that purpose. |
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(b) Sections 242.095, 242.096, 242.0965, and 252.095, |
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Health and Safety Code, as amended by this Act, apply only to legal |
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fees incurred by a trustee on or after the effective date of this |
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Act. Legal fees incurred by a trustee before the effective date of |
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this Act are governed by the law in effect when the fees were |
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incurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |