| 1 | 1 | | By: Duncan S.B. No. 1111 |
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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 court-appointed |
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| 7 | 7 | | trustee of certain 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 AND PAYMENT OF |
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| 12 | 12 | | REASONABLE LEGAL FEES ACTUALLY INCURRED BY CERTAIN TRUSTEES. |
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| 13 | 13 | | (a) This section applies only to a trustee of a nursing home or |
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| 14 | 14 | | assisted living facility appointed under Section 242.094. |
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| 15 | 15 | | (b) A trustee is not liable for civil damages for an action |
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| 16 | 16 | | made in good faith in the official scope of the trustee's duties. |
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| 17 | 17 | | (c) The trustee is entitled to payment for reasonable legal |
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| 18 | 18 | | fees actually incurred by the trustee in fulfilling the trustee's |
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| 19 | 19 | | responsibilities. |
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| 20 | 20 | | (d) Notwithstanding Section 242.096(b) or any other law, a |
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| 21 | 21 | | trustee of a home may use the emergency assistance funds under |
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| 22 | 22 | | Section 242.096 to pay for reasonable legal fees actually incurred |
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| 23 | 23 | | by the trustee in fulfilling the trustee's responsibilities. |
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| 24 | 24 | | Notwithstanding Section 242.096(c) or any other law, a court may |
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| 25 | 25 | | order the department to disburse emergency assistance funds to the |
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| 26 | 26 | | trustee to pay for reasonable legal fees actually incurred by the |
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| 27 | 27 | | trustee in fulfilling the trustee's responsibilities. |
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| 28 | 28 | | (e) Notwithstanding Section 242.0965(b) or any other law, a |
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| 29 | 29 | | trustee of an assisted living facility may use the emergency |
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| 30 | 30 | | assistance funds under Section 242.0965 to pay for reasonable legal |
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| 31 | 31 | | fees actually incurred by the trustee in fulfilling the trustee's |
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| 32 | 32 | | responsibilities. Notwithstanding Section 242.0965(c) or any |
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| 33 | 33 | | other law, a court may order the department to disburse emergency |
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| 34 | 34 | | assistance funds to the trustee to pay for reasonable legal fees |
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| 35 | 35 | | actually incurred by the trustee in fulfilling the trustee's |
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| 36 | 36 | | responsibilities. |
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| 37 | 37 | | SECTION 2. 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 AND PAYMENT OF |
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| 40 | 40 | | LEGAL FEES ACTUALLY INCURRED BY CERTAIN TRUSTEES. (a) This |
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| 41 | 41 | | section applies only to a trustee of a facility who is appointed |
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| 42 | 42 | | under Section 252.093. |
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| 43 | 43 | | (b) A trustee is not liable for civil damages for an action |
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| 44 | 44 | | made in good faith in the official scope of the trustee's duties. |
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| 45 | 45 | | (c) Notwithstanding Section 252.095(c) or any other law, a |
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| 46 | 46 | | trustee may use the emergency assistance funds under Section |
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| 47 | 47 | | 252.095 to pay for reasonable legal fees actually incurred by the |
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| 48 | 48 | | trustee in fulfilling the trustee's responsibilities. |
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| 49 | 49 | | Notwithstanding Section 252.095(d) or any other law, a court may |
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| 50 | 50 | | order the department to disburse emergency assistance funds to the |
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| 51 | 51 | | trustee to pay for reasonable legal fees actually incurred by the |
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| 52 | 52 | | trustee in fulfilling the trustee's responsibilities. |
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| 53 | 53 | | SECTION 3. (a) Subsection (b), Section 242.0947, and |
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| 54 | 54 | | Subsection (b), Section 252.0935, Health and Safety Code, as added |
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| 55 | 55 | | by this Act, apply only to an act by a trustee that occurs on or |
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| 56 | 56 | | after the effective date of this Act. An act that occurred before |
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| 57 | 57 | | the effective date of this Act is governed by the law in effect when |
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| 58 | 58 | | the act occurred, and the former law is continued in effect for that |
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| 59 | 59 | | purpose. |
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| 60 | 60 | | (b) Subsections (c), (d), and (e), Section 242.0947, and |
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| 61 | 61 | | Subsection (c), Section 252.0935, Health and Safety Code, as added |
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| 62 | 62 | | by this Act, apply only to legal fees incurred by a trustee on or |
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| 63 | 63 | | after the effective date of this Act. Legal fees incurred by a |
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| 64 | 64 | | trustee before the effective date of this Act are governed by the |
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| 65 | 65 | | law in effect when the fees were incurred, and the former law is |
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| 66 | 66 | | continued in effect for that purpose. |
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| 67 | 67 | | SECTION 4. This Act takes effect September 1, 2009. |
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