82R2243 YDB-F

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) Sections 242.0947(b) and 252.0935(b), 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) Sections 242.0947(c), (d), and (e) and 252.0935(c) and (d), 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.