| 1 | 1 | | By: Duncan S.B. No. 426 |
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| 2 | 2 | | (In the Senate - Filed January 27, 2011; February 2, 2011, |
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| 3 | 3 | | read first time and referred to Committee on State Affairs; |
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| 4 | 4 | | March 8, 2011, reported favorably by the following vote: Yeas 9, |
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| 5 | 5 | | Nays 0; March 8, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the liability of and payment of legal fees for |
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| 11 | 11 | | court-appointed trustees of certain facilities. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter D, Chapter 242, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 242.0947 to read as follows: |
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| 15 | 15 | | Sec. 242.0947. IMMUNITY FROM CIVIL LIABILITY; PAYMENT OF |
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| 16 | 16 | | CERTAIN LEGAL FEES INCURRED BY TRUSTEE. (a) This section applies |
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| 17 | 17 | | only to a trustee appointed under Section 242.094 to operate: |
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| 18 | 18 | | (1) a nursing or convalescent home; or |
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| 19 | 19 | | (2) an assisted living facility as authorized under |
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| 20 | 20 | | Section 247.003(b). |
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| 21 | 21 | | (b) A trustee is not liable for civil damages for an act or |
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| 22 | 22 | | omission committed in good faith in the official scope of the |
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| 23 | 23 | | trustee's duties. |
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| 24 | 24 | | (c) The trustee is entitled to payment for reasonable legal |
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| 25 | 25 | | fees actually incurred by the trustee in fulfilling the trustee's |
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| 26 | 26 | | duties. |
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| 27 | 27 | | (d) Notwithstanding Section 242.096(b), a trustee of a home |
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| 28 | 28 | | may use the emergency assistance funds available under Section |
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| 29 | 29 | | 242.096 to pay reasonable legal fees actually incurred by the |
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| 30 | 30 | | trustee in fulfilling the trustee's duties. Notwithstanding |
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| 31 | 31 | | Section 242.096(c), a court may order the department to disburse |
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| 32 | 32 | | emergency assistance funds to the trustee to pay reasonable legal |
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| 33 | 33 | | fees actually incurred by the trustee in fulfilling the trustee's |
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| 34 | 34 | | duties. |
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| 35 | 35 | | (e) Notwithstanding Section 242.0965(b), a trustee of an |
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| 36 | 36 | | assisted living facility may use the emergency assistance funds |
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| 37 | 37 | | available under Section 242.0965 to pay reasonable legal fees |
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| 38 | 38 | | actually incurred by the trustee in fulfilling the trustee's |
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| 39 | 39 | | duties. Notwithstanding Section 242.0965(c), a court may order the |
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| 40 | 40 | | department to disburse emergency assistance funds to the trustee to |
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| 41 | 41 | | pay reasonable legal fees actually incurred by the trustee in |
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| 42 | 42 | | fulfilling the trustee's duties. |
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| 43 | 43 | | SECTION 2. Subchapter D, Chapter 252, Health and Safety |
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| 44 | 44 | | Code, is amended by adding Section 252.0935 to read as follows: |
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| 45 | 45 | | Sec. 252.0935. IMMUNITY FROM CIVIL LIABILITY; PAYMENT OF |
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| 46 | 46 | | CERTAIN LEGAL FEES INCURRED BY TRUSTEE. (a) This section applies |
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| 47 | 47 | | only to a trustee appointed under Section 252.093 to operate a |
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| 48 | 48 | | facility. |
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| 49 | 49 | | (b) A trustee is not liable for civil damages for an act or |
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| 50 | 50 | | omission committed in good faith in the official scope of the |
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| 51 | 51 | | trustee's duties. |
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| 52 | 52 | | (c) The trustee is entitled to payment for reasonable legal |
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| 53 | 53 | | fees actually incurred by the trustee in fulfilling the trustee's |
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| 54 | 54 | | duties. |
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| 55 | 55 | | (d) Notwithstanding Section 252.095(c), a trustee may use |
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| 56 | 56 | | the emergency assistance funds available under Section 252.095 to |
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| 57 | 57 | | pay reasonable legal fees actually incurred by the trustee in |
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| 58 | 58 | | fulfilling the trustee's duties. Notwithstanding Section |
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| 59 | 59 | | 252.095(d), a court may order the department to disburse emergency |
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| 60 | 60 | | assistance funds to the trustee to pay reasonable legal fees |
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| 61 | 61 | | actually incurred by the trustee in fulfilling the trustee's |
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| 62 | 62 | | duties. |
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| 63 | 63 | | SECTION 3. (a) Subsection (b), Section 242.0947, and |
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| 64 | 64 | | Subsection (b), Section 252.0935, Health and Safety Code, as added |
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| 65 | 65 | | by this Act, apply only to an act or omission by a trustee that |
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| 66 | 66 | | occurs on or after the effective date of this Act. An act or |
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| 67 | 67 | | omission that occurred before the effective date of this Act is |
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| 68 | 68 | | governed by the law in effect immediately before the effective date |
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| 69 | 69 | | of this Act, and the former law is continued in effect for that |
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| 70 | 70 | | purpose. |
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| 71 | 71 | | (b) Subsections (c), (d), and (e), Section 242.0947, and |
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| 72 | 72 | | Subsections (c) and (d), Section 252.0935, Health and Safety Code, |
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| 73 | 73 | | as added by this Act, apply only to legal fees incurred by a trustee |
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| 74 | 74 | | on or after the effective date of this Act. Legal fees incurred by a |
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| 75 | 75 | | trustee before the effective date of this Act are governed by the |
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| 76 | 76 | | law in effect when the fees were incurred, and the former law is |
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| 77 | 77 | | continued in effect for that purpose. |
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| 78 | 78 | | SECTION 4. This Act takes effect September 1, 2011. |
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| 79 | 79 | | * * * * * |
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