By: Duncan S.B. No. 426
(In the Senate - Filed January 27, 2011; February 2, 2011,
read first time and referred to Committee on State Affairs;
March 8, 2011, reported favorably by the following vote: Yeas 9,
Nays 0; March 8, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the liability of and payment of legal fees for
court-appointed trustees 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. IMMUNITY FROM CIVIL LIABILITY; PAYMENT OF
CERTAIN LEGAL FEES INCURRED BY TRUSTEE. (a) This section applies
only to a trustee appointed under Section 242.094 to operate:
(1) a nursing or convalescent home; or
(2) an assisted living facility as authorized under
Section 247.003(b).
(b) A trustee is not liable for civil damages for an act or
omission committed 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
duties.
(d) Notwithstanding Section 242.096(b), a trustee of a home
may use the emergency assistance funds available under Section
242.096 to pay reasonable legal fees actually incurred by the
trustee in fulfilling the trustee's duties. Notwithstanding
Section 242.096(c), a court may order the department to disburse
emergency assistance funds to the trustee to pay reasonable legal
fees actually incurred by the trustee in fulfilling the trustee's
duties.
(e) Notwithstanding Section 242.0965(b), a trustee of an
assisted living facility may use the emergency assistance funds
available under Section 242.0965 to pay reasonable legal fees
actually incurred by the trustee in fulfilling the trustee's
duties. Notwithstanding Section 242.0965(c), a court may order the
department to disburse emergency assistance funds to the trustee to
pay reasonable legal fees actually incurred by the trustee in
fulfilling the trustee's duties.
SECTION 2. Subchapter D, Chapter 252, Health and Safety
Code, is amended by adding Section 252.0935 to read as follows:
Sec. 252.0935. IMMUNITY FROM CIVIL LIABILITY; PAYMENT OF
CERTAIN LEGAL FEES INCURRED BY TRUSTEE. (a) This section applies
only to a trustee appointed under Section 252.093 to operate a
facility.
(b) A trustee is not liable for civil damages for an act or
omission committed 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
duties.
(d) Notwithstanding Section 252.095(c), a trustee may use
the emergency assistance funds available under Section 252.095 to
pay reasonable legal fees actually incurred by the trustee in
fulfilling the trustee's duties. Notwithstanding Section
252.095(d), a court may order the department to disburse emergency
assistance funds to the trustee to pay reasonable legal fees
actually incurred by the trustee in fulfilling the trustee's
duties.
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 or omission by a trustee that
occurs on or after the effective date of this Act. An act or
omission that occurred before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
(b) Subsections (c), (d), and (e), Section 242.0947, and
Subsections (c) and (d), 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, 2011.
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