Texas 2021 - 87th Regular

Texas Senate Bill SB270 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 270
	1	+	By: Perry, et al. S.B. No. 270
	2	+	(Leach)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to civil liability of a nursing facility resident's
6	8		responsible payor for misappropriation of the resident's funds.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter A, Chapter 242, Health and Safety
9	11		Code, is amended by adding Section 242.020 to read as follows:
10	12		Sec. 242.020. CIVIL LIABILITY RELATED TO MISAPPROPRIATION
11	13		OF RESIDENT'S FUNDS. (a) In this section:
12	14		(1) "Misappropriate" means the taking, secretion,
13	15		misapplication, deprivation, transfer, or attempted transfer to
14	16		any person not entitled to receive any real or personal property or
15	17		anything of value belonging to or under the legal control of a
16	18		resident without the effective consent of the resident or other
17	19		appropriate legal authority.
18	20		(2) "Responsible payor" means a person who:
19	21		(A) has legal access to the resident's income or
20	22		resources available to pay for nursing facility care; and
21	23		(B) has signed an admission agreement or other
22	24		contract with the facility in which the person agrees to provide
23	25		payment for the resident's facility care from the resident's income
24	26		or resources.
25	27		(b) A nursing facility may file an action against a
26	28		resident's responsible payor for an amount owed by the resident to
27	29		the facility if:
28	30		(1) before admission of the resident, the facility
29	31		obtains financial information from the resident or responsible
30	32		payor demonstrating the amount of financial resources that the
31	33		resident has available to pay for nursing facility care; and
32	34		(2) after the resident begins to reside at the
33	35		facility, the responsible payor misappropriates the resident's
34	36		resources to a degree that the resident is unable to afford to pay
35	37		for the resident's care.
36	38		(c) A nursing facility may file an action for injunctive
37	39		relief against a resident's responsible payor who engages in
38	40		conduct described by Subsection (b). The court may grant any
39	41		appropriate injunctive relief to prevent or abate the conduct,
40	42		including a temporary restraining order, temporary injunction, or
41	43		permanent injunction.
42	44		(d) Subject to Subsection (e), the prevailing party in an
43	45		action filed under this section may recover attorney's fees.
44	46		(e) In an action filed under this section, a nursing
45	47		facility may not recover a total amount, including damages and
46	48		attorney's fees, that exceeds the amount the responsible payor has
47	49		misappropriated from the resident.
48	50		SECTION 2. Section 242.020, Health and Safety Code, as
49	51		added by this Act, applies only to a cause of action that accrues on
50	52		or after the effective date of this Act.
51	53		SECTION 3. This Act takes effect September 1, 2021.
52		-	______________________________ ______________________________
53		-	President of the Senate Speaker of the House
54		-	I hereby certify that S.B. No. 270 passed the Senate on
55		-	March 25, 2021, by the following vote: Yeas 30, Nays 0.
56		-	______________________________
57		-	Secretary of the Senate
58		-	I hereby certify that S.B. No. 270 passed the House on
59		-	April 20, 2021, by the following vote: Yeas 136, Nays 8, one
60		-	present not voting.
61		-	______________________________
62		-	Chief Clerk of the House
63		-	Approved:
64		-	______________________________
65		-	Date
66		-	______________________________
67		-	Governor