Bill Text: TX SB426 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the liability of and payment of legal fees for court-appointed trustees of certain facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-12 - Left pending in committee [SB426 Detail]
Download: Texas-2011-SB426-Engrossed.html
| By: Duncan | S.B. No. 426 | |
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| relating to the liability of and payment of legal fees for | ||
| court-appointed trustees of certain facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 242, Health and Safety | ||
| Code, is amended by adding Section 242.0947 to read as follows: | ||
| Sec. 242.0947. IMMUNITY FROM CIVIL LIABILITY; PAYMENT OF | ||
| CERTAIN LEGAL FEES INCURRED BY TRUSTEE. (a) This section applies | ||
| only to a trustee appointed under Section 242.094 to operate: | ||
| (1) a nursing or convalescent home; or | ||
| (2) an assisted living facility as authorized under | ||
| Section 247.003(b). | ||
| (b) A trustee is not liable for civil damages for an act or | ||
| omission committed in good faith in the official scope of the | ||
| trustee's duties. | ||
| (c) The trustee is entitled to payment for reasonable legal | ||
| fees actually incurred by the trustee in fulfilling the trustee's | ||
| duties. | ||
| (d) Notwithstanding Section 242.096(b), a trustee of a home | ||
| may use the emergency assistance funds available under Section | ||
| 242.096 to pay reasonable legal fees actually incurred by the | ||
| trustee in fulfilling the trustee's duties. Notwithstanding | ||
| Section 242.096(c), a court may order the department to disburse | ||
| emergency assistance funds to the trustee to pay reasonable legal | ||
| fees actually incurred by the trustee in fulfilling the trustee's | ||
| duties. | ||
| (e) Notwithstanding Section 242.0965(b), a trustee of an | ||
| assisted living facility may use the emergency assistance funds | ||
| available under Section 242.0965 to pay reasonable legal fees | ||
| actually incurred by the trustee in fulfilling the trustee's | ||
| duties. Notwithstanding Section 242.0965(c), a court may order the | ||
| department to disburse emergency assistance funds to the trustee to | ||
| pay reasonable legal fees actually incurred by the trustee in | ||
| fulfilling the trustee's duties. | ||
| SECTION 2. Subchapter D, Chapter 252, Health and Safety | ||
| Code, is amended by adding Section 252.0935 to read as follows: | ||
| Sec. 252.0935. IMMUNITY FROM CIVIL LIABILITY; PAYMENT OF | ||
| CERTAIN LEGAL FEES INCURRED BY TRUSTEE. (a) This section applies | ||
| only to a trustee appointed under Section 252.093 to operate a | ||
| facility. | ||
| (b) A trustee is not liable for civil damages for an act or | ||
| omission committed in good faith in the official scope of the | ||
| trustee's duties. | ||
| (c) The trustee is entitled to payment for reasonable legal | ||
| fees actually incurred by the trustee in fulfilling the trustee's | ||
| duties. | ||
| (d) Notwithstanding Section 252.095(c), a trustee may use | ||
| the emergency assistance funds available under Section 252.095 to | ||
| pay reasonable legal fees actually incurred by the trustee in | ||
| fulfilling the trustee's duties. Notwithstanding Section | ||
| 252.095(d), a court may order the department to disburse emergency | ||
| assistance funds to the trustee to pay reasonable legal fees | ||
| actually incurred by the trustee in fulfilling the trustee's | ||
| duties. | ||
| SECTION 3. (a) Subsection (b), Section 242.0947, and | ||
| Subsection (b), Section 252.0935, Health and Safety Code, as added | ||
| by this Act, apply only to an act or omission by a trustee that | ||
| occurs on or after the effective date of this Act. An act or | ||
| omission that occurred before the effective date of this Act is | ||
| governed by the law in effect immediately before the effective date | ||
| of this Act, and the former law is continued in effect for that | ||
| purpose. | ||
| (b) Subsections (c), (d), and (e), Section 242.0947, and | ||
| Subsections (c) and (d), Section 252.0935, Health and Safety Code, | ||
| as added by this Act, apply only to legal fees incurred by a trustee | ||
| on or after the effective date of this Act. Legal fees incurred by a | ||
| trustee before the effective date of this Act are governed by the | ||
| law in effect when the fees were incurred, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
