| 1 | 1 | | 81R19648 YDB-F |
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| 2 | 2 | | By: Callegari H.B. No. 4317 |
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| 3 | 3 | | Substitute the following for H.B. No. 4317: |
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| 4 | 4 | | By: Rose C.S.H.B. No. 4317 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain reporting duties of the attorney general and |
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| 10 | 10 | | the Department of Aging and Disability Services. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 242.005(a) and (c), Health and Safety |
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| 13 | 13 | | Code, are amended to read as follows: |
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| 14 | 14 | | (a) The department [and the attorney general each] shall |
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| 15 | 15 | | prepare annually a full report of the operation and administration |
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| 16 | 16 | | of the department's [their respective] responsibilities under this |
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| 17 | 17 | | chapter, including recommendations and suggestions considered |
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| 18 | 18 | | advisable. |
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| 19 | 19 | | (c) The department [and the attorney general] shall submit |
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| 20 | 20 | | the required report [reports] to the governor and the legislature |
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| 21 | 21 | | not later than January 31 [October 1] of each year. |
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| 22 | 22 | | SECTION 2. Sections 247.050(a) and (c), Health and Safety |
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| 23 | 23 | | Code, are amended to read as follows: |
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| 24 | 24 | | (a) The executive commissioner of the Health and Human |
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| 25 | 25 | | Services Commission [board] shall adopt procedures to monitor the |
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| 26 | 26 | | status of unlicensed assisted living facilities. As part of these |
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| 27 | 27 | | procedures, the department shall: |
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| 28 | 28 | | (1) maintain a registry of all reported unlicensed |
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| 29 | 29 | | assisted living facilities for the purpose of periodic follow-up by |
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| 30 | 30 | | the field staff in each region; and |
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| 31 | 31 | | (2) prepare an annual [a quarterly] report that shows |
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| 32 | 32 | | the number of: |
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| 33 | 33 | | (A) complaints relating to unlicensed assisted |
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| 34 | 34 | | living facilities that are received; |
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| 35 | 35 | | (B) complaints that are investigated; |
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| 36 | 36 | | (C) unsubstantiated complaints; |
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| 37 | 37 | | (D) substantiated complaints; and |
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| 38 | 38 | | (E) cases referred to the attorney general. |
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| 39 | 39 | | (c) The department [and the attorney general] shall file a |
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| 40 | 40 | | copy of the annual report [quarterly reports] required by this |
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| 41 | 41 | | section with the substantive committees of each house of the |
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| 42 | 42 | | legislature with jurisdiction over regulation of assisted living |
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| 43 | 43 | | facilities. |
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| 44 | 44 | | SECTION 3. Section 61.0815(c), Education Code, is amended |
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| 45 | 45 | | to read as follows: |
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| 46 | 46 | | (c) The [attorney general and the] president of each |
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| 47 | 47 | | institution of higher education shall collect all necessary data |
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| 48 | 48 | | for inclusion in the report required by this section. |
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| 49 | 49 | | SECTION 4. The following provisions are repealed: |
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| 50 | 50 | | (1) Section 2107.005, Government Code; |
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| 51 | 51 | | (2) Section 247.050(b), Health and Safety Code; and |
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| 52 | 52 | | (3) Section 240.903, Local Government Code. |
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| 53 | 53 | | SECTION 5. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2009. |
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