HBA-NLM H.B. 154 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 154
By: Naishtat
Human Services
1/27/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the authority of the Office of the Attorney General (OAG) to
represent the state in civil penalty cases against nursing facilities is
being contested.  H.B. 154 will allow for the statutory recognition of the
authority of the OAG to represent the Department of Human Services in civil
penalty cases in district court and in arbitration proceedings involving
nursing facilities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242.065,  Health and Safety Code, by adding a
new Subsection (f), to require the attorney general to bring an action in a
district court to collect a civil penalty under this section upon request
by the Texas Department of Human Services (department).  Redesignates
(g)-(i) from existing Subsections (f)-(h). 

SECTION 2.  Amends Section 242.253, Health and Safety Code, by adding a new
Subsection (e), to require the attorney general to represent the department
in arbitration proceedings at the request of the department. 

SECTION 3.  Emergency clause.
            Effective date:  upon passage.