Sec. 242.094. INVOLUNTARY APPOINTMENT. (a) The department may request the attorney general to bring an action in the name and on behalf of the state for the appointment of a trustee to operate a home if:
(1) the home is operating without a license;
(2) the department has suspended or revoked the home's license;
(3) license suspension or revocation procedures against the home are pending and the department determines that an imminent threat to the health and safety of the residents exists;
(4) the department determines that an emergency exists that presents an immediate threat to the health and safety of the residents; or
(5) the home is closing and arrangements for relocation of the residents to other licensed institutions have not been made before closure.
(b) A trustee appointed under Subsection (a)(5) may only ensure an orderly and safe relocation of the home's residents as quickly as possible.
(c) After a hearing, a court shall appoint a trustee to take charge of a home if the court finds that involuntary appointment of a trustee is necessary.
(d) If possible, the court shall appoint as trustee an individual whose background includes institutional medical administration.
Text of subsection (e) as added by Acts 1993, 73rd Leg., ch. 815, Sec. 3
(e) Venue for actions brought under this section shall be in Travis County.
(e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1 , Sec. 3.1639(59), eff. April 2, 2015.
(f) A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve the legal issues of a dispute involving the:
(1) appointment of a trustee under this section; or
(2) conduct with respect to which the appointment of trustee is sought.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 583, Sec. 2, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 815, Sec. 3, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1094, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(59), eff. April 2, 2015.
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