HBA-MPM S.B. 1049 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1049
By: Moncrief
Public Health
5/2/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law allows for multiple venues for certain judicial actions
involving intermediate care facilities for the mentally retarded (ICFMR).
The venue provision governing suits filed against ICFMR under Section
252.062, Health and Safety Code, requires suits to be filed in the county
in which the violation occurs.  The venue provision governing suits filed
against ICFMR under Section 252.093, Health and Safety Code, requires suits
to be filed in Travis County.  Inconsistency and lack of uniformity have
been cited as providing hardships on attorneys as well as inconsistent
rulings as a result of these current provisions in Texas law.  S.B. 1049
sets forth required venues for certain judicial actions involving
intermediate care facilities for the mentally retarded. 

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 252.062(d), Health and Safety Code, to provide
that a suit for a temporary restraining order or other injunctive relief
must be brought in Travis County or the county in which the alleged
violation occurs.  

SECTION 2. Amends Section 252.093(e), Health and Safety Code, to provide
that an action under this section must be brought in Travis County or the
county in which the violation is alleged to have occurred.  

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.