| 1 | 1 | | By: Legler H.B. No. 1962 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the liability of and legal fees for a trustee of certain |
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| 7 | 7 | | facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 242, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 242.0947 to read as follows: |
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| 11 | 11 | | Sec. 242.0947. LIMITATION ON CIVIL LIABILITY. A person |
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| 12 | 12 | | appointed as trustee under Section 242.094 is not liable for civil |
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| 13 | 13 | | damages for an action made in good faith in the official scope of |
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| 14 | 14 | | the trustee's duties. |
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| 15 | 15 | | SECTION 2. Section 242.095, Health and Safety Code, is |
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| 16 | 16 | | amended by adding Subsection (a-1) to read as follows: |
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| 17 | 17 | | (a-1) The trustee is entitled to payment for reasonable |
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| 18 | 18 | | legal fees incurred by the trustee in fulfilling the trustee's |
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| 19 | 19 | | responsibilities. |
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| 20 | 20 | | SECTION 3. Section 242.096, Health and Safety Code, is |
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| 21 | 21 | | amended by adding Subsection (c-1) to read as follows: |
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| 22 | 22 | | (c-1) A trustee of a home may use the emergency assistance |
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| 23 | 23 | | funds to pay for reasonable legal fees incurred by the trustee in |
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| 24 | 24 | | fulfilling the trustee's responsibilities. A court may order the |
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| 25 | 25 | | department to disburse emergency assistance funds to a trustee to |
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| 26 | 26 | | pay for reasonable legal fees incurred by the trustee in fulfilling |
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| 27 | 27 | | the trustee's responsibilities. |
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| 28 | 28 | | SECTION 4. Section 242.0965, Health and Safety Code, is |
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| 29 | 29 | | amended by adding Subsection (c-1) to read as follows: |
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| 30 | 30 | | (c-1) A trustee of an assisted living facility may use the |
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| 31 | 31 | | emergency assistance funds to pay for reasonable legal fees |
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| 32 | 32 | | incurred by the trustee in fulfilling the trustee's |
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| 33 | 33 | | responsibilities. A court may order the department to disburse |
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| 34 | 34 | | emergency assistance funds to a trustee to pay for reasonable legal |
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| 35 | 35 | | fees incurred by the trustee in fulfilling the trustee's |
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| 36 | 36 | | responsibilities. |
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| 37 | 37 | | SECTION 5. Subchapter D, Chapter 252, Health and Safety |
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| 38 | 38 | | Code, is amended by adding Section 252.0935 to read as follows: |
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| 39 | 39 | | Sec. 252.0935. LIMITATION ON CIVIL LIABILITY. A person |
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| 40 | 40 | | appointed as trustee under Section 252.093 is not liable for civil |
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| 41 | 41 | | damages for an action made in good faith in the official scope of |
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| 42 | 42 | | the trustee's duties. |
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| 43 | 43 | | SECTION 6. Section 252.095, Health and Safety Code, is |
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| 44 | 44 | | amended by adding Subsection (e) to read as follows: |
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| 45 | 45 | | (e) A trustee may use the emergency assistance funds to pay |
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| 46 | 46 | | for reasonable legal fees incurred by the trustee in fulfilling the |
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| 47 | 47 | | trustee's responsibilities. A court may order the department to |
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| 48 | 48 | | disburse emergency assistance funds to a trustee to pay for |
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| 49 | 49 | | reasonable legal fees incurred by the trustee in fulfilling the |
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| 50 | 50 | | trustee's responsibilities. |
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| 51 | 51 | | SECTION 7. (a) Sections 242.0947 and 252.0935, Health and |
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| 52 | 52 | | Safety Code, as added by this Act, apply only to an act by a trustee |
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| 53 | 53 | | that occurs on or after the effective date of this Act. An act that |
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| 54 | 54 | | occurred before the effective date of this Act is governed by the |
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| 55 | 55 | | law in effect when the act occurred, and the former law is continued |
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| 56 | 56 | | in effect for that purpose. |
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| 57 | 57 | | (b) Sections 242.095, 242.096, 242.0965, and 252.095, |
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| 58 | 58 | | Health and Safety Code, as amended by this Act, apply only to legal |
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| 59 | 59 | | fees incurred by a trustee on or after the effective date of this |
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| 60 | 60 | | Act. Legal fees incurred by a trustee before the effective date of |
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| 61 | 61 | | this Act are governed by the law in effect when the fees were |
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| 62 | 62 | | incurred, and the former law is continued in effect for that |
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| 63 | 63 | | purpose. |
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| 64 | 64 | | SECTION 8. This Act takes effect September 1, 2009. |
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