Texas Senate Bill SB426

Texas 2011 - 82nd Regular

• Out of Senate Committee: 3/8/11
• Introduced: 1/27/11
• Voted on by Senate: 3/17/11
• Refer: 2/2/11
• Report Pass: 3/8/11
• Engrossed: 3/17/11
• Refer: 4/28/11

Caption

Relating to the liability of and payment of legal fees for court-appointed trustees of certain facilities.

Impact

The proposed changes will affect the existing statutes in the Health and Safety Code related to nursing and assisted living facilities. By enabling trustees to use emergency assistance funds to cover reasonable legal fees incurred while fulfilling their duties, SB426 aims to alleviate some financial burdens that may deter qualified individuals from taking on the role of a trustee. This could lead to an increase in available trustees for managing these facilities, ensuring better governance and oversight in such critical environments.

Summary

SB426 addresses the liability of court-appointed trustees who manage nursing and assisted living facilities, providing them with a degree of immunity from civil damages. This legislation is significant as it seeks to protect trustees acting in good faith from lawsuits related to their official duties. The bill specifically stipulates that such trustees will not be liable for civil damages for acts or omissions committed in the scope of their responsibilities, enhancing their legal protection while they perform their roles.

Contention

While the bill has merit in safeguarding trustees who are typically tasked with ensuring the smooth operation of vulnerable community facilities, it may raise concerns among advocates for facility residents. Critics could argue that providing immunity to trustees might inadvertently decrease accountability for actions that could harm residents if those trustees act negligently or unethically. The balance between shielding good-faith actions of trustees and maintaining accountability for the well-being of facility residents presents a significant discussion point in the legislative context.