By: Duncan S.B. No. 1111
(In the Senate - Filed February 24, 2009; March 13, 2009,
read first time and referred to Committee on State Affairs;
March 26, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 26, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1111 By: Duncan
A BILL TO BE ENTITLED
AN ACT
relating to the liability of and legal fees for a court-appointed
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 AND PAYMENT OF
REASONABLE LEGAL FEES ACTUALLY INCURRED BY CERTAIN TRUSTEES.
(a) This section applies only to a trustee of a nursing home or
assisted living facility appointed under Section 242.094.
(b) A trustee is not liable for civil damages for an action
made 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
responsibilities.
(d) Notwithstanding Section 242.096(b) or any other law, a
trustee of a home may use the emergency assistance funds under
Section 242.096 to pay for reasonable legal fees actually incurred
by the trustee in fulfilling the trustee's responsibilities.
Notwithstanding Section 242.096(c) or any other law, a court may
order the department to disburse emergency assistance funds to the
trustee to pay for reasonable legal fees actually incurred by the
trustee in fulfilling the trustee's responsibilities.
(e) Notwithstanding Section 242.0965(b) or any other law, a
trustee of an assisted living facility may use the emergency
assistance funds under Section 242.0965 to pay for reasonable legal
fees actually incurred by the trustee in fulfilling the trustee's
responsibilities. Notwithstanding Section 242.0965(c) or any
other law, a court may order the department to disburse emergency
assistance funds to the trustee to pay for reasonable legal fees
actually incurred by the trustee in fulfilling the trustee's
responsibilities.
SECTION 2. 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 AND PAYMENT OF
LEGAL FEES ACTUALLY INCURRED BY CERTAIN TRUSTEES. (a) This
section applies only to a trustee of a facility who is appointed
under Section 252.093.
(b) A trustee is not liable for civil damages for an action
made in good faith in the official scope of the trustee's duties.
(c) Notwithstanding Section 252.095(c) or any other law, a
trustee may use the emergency assistance funds under Section
252.095 to pay for reasonable legal fees actually incurred by the
trustee in fulfilling the trustee's responsibilities.
Notwithstanding Section 252.095(d) or any other law, a court may
order the department to disburse emergency assistance funds to the
trustee to pay for reasonable legal fees actually incurred by the
trustee in fulfilling the trustee's responsibilities.
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 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) Subsections (c), (d), and (e), Section 242.0947, and
Subsection (c), 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, 2009.
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