By: Duncan S.B. No. 426
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the liability of and payment of legal fees for
  court-appointed trustees 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.  IMMUNITY FROM CIVIL LIABILITY; PAYMENT OF
  CERTAIN LEGAL FEES INCURRED BY TRUSTEE.  (a)  This section applies
  only to a trustee appointed under Section 242.094 to operate:
               (1)  a nursing or convalescent home; or
               (2)  an assisted living facility as authorized under
  Section 247.003(b).
         (b)  A trustee is not liable for civil damages for an act or
  omission committed in good faith in the official scope of the
  trustee's duties.
         (c)  The trustee is entitled to payment for reasonable legal
  fees actually incurred by the trustee in fulfilling the trustee's
  duties.
         (d)  Notwithstanding Section 242.096(b), a trustee of a home
  may use the emergency assistance funds available under Section
  242.096 to pay reasonable legal fees actually incurred by the
  trustee in fulfilling the trustee's duties.  Notwithstanding
  Section 242.096(c), a court may order the department to disburse
  emergency assistance funds to the trustee to pay reasonable legal
  fees actually incurred by the trustee in fulfilling the trustee's
  duties.
         (e)  Notwithstanding Section 242.0965(b), a trustee of an
  assisted living facility may use the emergency assistance funds
  available under Section 242.0965 to pay reasonable legal fees
  actually incurred by the trustee in fulfilling the trustee's
  duties.  Notwithstanding Section 242.0965(c), a court may order the
  department to disburse emergency assistance funds to the trustee to
  pay reasonable legal fees actually incurred by the trustee in
  fulfilling the trustee's duties.
         SECTION 2.  Subchapter D, Chapter 252, Health and Safety
  Code, is amended by adding Section 252.0935 to read as follows:
         Sec. 252.0935.  IMMUNITY FROM CIVIL LIABILITY; PAYMENT OF
  CERTAIN LEGAL FEES INCURRED BY TRUSTEE.  (a)  This section applies
  only to a trustee appointed under Section 252.093 to operate a
  facility.
         (b)  A trustee is not liable for civil damages for an act or
  omission committed in good faith in the official scope of the
  trustee's duties.
         (c)  The trustee is entitled to payment for reasonable legal
  fees actually incurred by the trustee in fulfilling the trustee's
  duties.
         (d)  Notwithstanding Section 252.095(c), a trustee may use
  the emergency assistance funds available under Section 252.095 to
  pay reasonable legal fees actually incurred by the trustee in
  fulfilling the trustee's duties.  Notwithstanding Section
  252.095(d), a court may order the department to disburse emergency
  assistance funds to the trustee to pay reasonable legal fees
  actually incurred by the trustee in fulfilling the trustee's
  duties.
         SECTION 3.  (a)  Subsection (b), Section 242.0947, and
  Subsection (b), Section 252.0935, Health and Safety Code, as added
  by this Act, apply only to an act or omission by a trustee that
  occurs on or after the effective date of this Act.  An act or
  omission that occurred before the effective date of this Act is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         (b)  Subsections (c), (d), and (e), Section 242.0947, and
  Subsections (c) and (d), Section 252.0935, Health and Safety Code,
  as added 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 4.  This Act takes effect September 1, 2011.