By: Legler H.B. No. 1962
A BILL TO BE ENTITLED
AN ACT
relating to the liability of and legal fees for a trustee 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. LIMITATION ON CIVIL LIABILITY. A person
appointed as trustee under Section 242.094 is not liable for civil
damages for an action made in good faith in the official scope of
the trustee's duties.
SECTION 2. Section 242.095, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The trustee is entitled to payment for reasonable
legal fees incurred by the trustee in fulfilling the trustee's
responsibilities.
SECTION 3. Section 242.096, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) A trustee of a home may use the emergency assistance
funds to pay for reasonable legal fees incurred by the trustee in
fulfilling the trustee's responsibilities. A court may order the
department to disburse emergency assistance funds to a trustee to
pay for reasonable legal fees incurred by the trustee in fulfilling
the trustee's responsibilities.
SECTION 4. Section 242.0965, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) A trustee of an assisted living facility may use the
emergency assistance funds to pay for reasonable legal fees
incurred by the trustee in fulfilling the trustee's
responsibilities. A court may order the department to disburse
emergency assistance funds to a trustee to pay for reasonable legal
fees incurred by the trustee in fulfilling the trustee's
responsibilities.
SECTION 5. Subchapter D, Chapter 252, Health and Safety
Code, is amended by adding Section 252.0935 to read as follows:
Sec. 252.0935. LIMITATION ON CIVIL LIABILITY. A person
appointed as trustee under Section 252.093 is not liable for civil
damages for an action made in good faith in the official scope of
the trustee's duties.
SECTION 6. Section 252.095, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) A trustee may use the emergency assistance funds to pay
for reasonable legal fees incurred by the trustee in fulfilling the
trustee's responsibilities. A court may order the department to
disburse emergency assistance funds to a trustee to pay for
reasonable legal fees incurred by the trustee in fulfilling the
trustee's responsibilities.
SECTION 7. (a) Sections 242.0947 and 252.0935, Health and
Safety Code, as added by this Act, apply only to an act by a trustee
that occurs on or after the effective date of this Act. An act that
occurred before the effective date of this Act is governed by the
law in effect when the act occurred, and the former law is continued
in effect for that purpose.
(b) Sections 242.095, 242.096, 242.0965, and 252.095,
Health and Safety Code, as amended 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 8. This Act takes effect September 1, 2009.