HBA-NLM C.S.S.B. 19 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 19 By: Zaffirini (Naishtat) Human Services 3/23/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, in Texas there is not a one-year probationary period for newly licensed nursing facility owners. A probationary license will facilitate the Texas Department of Human Services in efforts to ensure that only nursing facilities providing high-quality care are allowed to continue to operate. The purpose of this bill is to create a one-year probationary license for nursing facility owners who previously have not conducted business in the state. S.B. 19 creates a one-year probationary license for nursing facility owners who previously have not conducted business in the state. 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 242.033, Health and Safety Code, by amending Subsection (d), and by adding Subsection (f), as follows: (d) Provides that Subsection (f) is an exception to this subsection. Makes conforming changes. (f) Creates a probationary license status for a period of one year for initial license holders. Requires a license to be issued after the probationary period only if certain requirements have been met. SECTION 2. Amends Section 242.034, Health and Safety Code, to prohibit a license fee for a probationary license issued under Section 242.033(f) from exceeding $125 plus certain additional fees. Makes conforming changes. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 19 modifies the original in SECTION 1, Section 242.033(f), Health and Safety Code, to require a license to be issued after the probationary period, rather than to authorize a license to be issued after the probationary period, only if certain requirements have been met.