By: Seliger  S.B. No. 2273
         (In the Senate - Filed March 13, 2009; March 31, 2009, read
  first time and referred to Committee on Health and Human Services;
  April 24, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 24, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2273 By:  Shapleigh
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to certain reporting duties of the attorney general and
  the Department of Aging and Disability Service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a) and (c), Section 242.005, Health
  and Safety Code, are amended to read as follows:
         (a)  The department [and the attorney general each] shall
  prepare annually a full report of the operation and administration
  of the department's [their respective] responsibilities under this
  chapter, including recommendations and suggestions considered
  advisable.
         (c)  The department [and the attorney general] shall submit
  the required report [reports] to the governor and the legislature
  not later than January 31 [October 1] of each year.
         SECTION 2.  Subsections (a) and (c), Section 247.050, Health
  and Safety Code, are amended to read as follows:
         (a)  The executive commissioner of the Health and Human
  Services Commission [board] shall adopt procedures to monitor the
  status of unlicensed assisted living facilities.  As part of these
  procedures, the department shall:
               (1)  maintain a registry of all reported unlicensed
  assisted living facilities for the purpose of periodic follow-up by
  the field staff in each region; and
               (2)  prepare an annual [a quarterly] report that shows
  the number of:
                     (A)  complaints relating to unlicensed assisted
  living facilities that are received;
                     (B)  complaints that are investigated;
                     (C)  unsubstantiated complaints;
                     (D)  substantiated complaints; and
                     (E)  cases referred to the attorney general.
         (c)  The department [and the attorney general] shall file a
  copy of the annual report [quarterly reports] required by this
  section with the substantive committees of each house of the
  legislature with jurisdiction over regulation of assisted living
  facilities.
         SECTION 3.  Subsection (c), Section 61.0815, Education Code,
  is amended to read as follows:
         (c)  The [attorney general and the] president of each
  institution of higher education shall collect all necessary data
  for inclusion in the report required by this section.
         SECTION 4.  The following provisions are repealed:
               (1)  Section 2107.005, Government Code;
               (2)  Subsection (b), Section 247.050, Health and Safety
  Code; and
               (3)  Section 240.903, Local Government Code.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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