By: Duncan	S.B. No. 426
	(In the Senate - Filed January 27, 2011; February 2, 2011,
	read first time and referred to Committee on State Affairs;
	March 8, 2011, reported favorably by the following vote:  Yeas 9,
	Nays 0; March 8, 2011, sent to printer.)

	A BILL TO BE ENTITLED
	AN ACT
	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.
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