HBA-MPM H.B. 2911 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2911
By: Naishtat
Public Health
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently the venue provision in Section 252.062 (Injunction), Health and
Safety Code, governing suits filed against intermediate care facilities for
the mentally retarded (facilities) provides that suits must be filed in the
county in which the alleged violation occurred.  By contrast, venue
provisions governing suits filed against such facilities under Section
252.093 (Involuntary Appointment), Health and Safety Code, provide that
suits must be filed in Travis County.  This inconsistency in the code can
inconvenience the parties and may lead to inconsistent rulings.  H.B. 2911
amends both sections of the Health and Safety Code so that the venue
provisions are uniform, providing that suits must be filed either in Travis
County or the county in which the alleged violation occurred.   

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 an action under this section must be brought in Travis County or in
the county in which the facility is located. 

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 in
the county in which the facility is located. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.