HBA-DMD S.B. 18 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 18
By: Zaffirini
Human Services
3/14/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, a person who threatens the health and safety of a nursing home
resident is liable for a civil penalty from $1,000 to $20,000. S.B. 18
authorizes the attorney general, on request by the Texas Department of
Human Services (department), to institute an action in a district court to
collect the civil penalty and to represent the department in the
arbitration. 

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
Subsection (f), to authorize the attorney general, on request by the Texas
Department of Human Services (department), to institute an action in a
district court to collect a civil penalty under this section.  Redesignates
existing Subsections (f)-(h) to Subsections (g)-(i), respectively. 

SECTION 2.  Amends Section 242.253, Health and Safety Code, by adding
Subsection (e), to authorize the attorney general, on request by the
department, to represent the department in the arbitration.  

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