H.B. No. 2392
  relating to escrow fees required for the construction and leasing
  of certain health facilities.
         SECTION 1.  Subchapter D, Chapter 246, Health and Safety
  Code, is amended by adding Sections 246.0735 and 246.0736 to read as
         Sec. 246.0735.  PHASE-IN FACILITIES.  The commissioner may
  create requirements for escrow release different from those under
  Section 246.073 for facilities that obtain a certificate of
  authority issued under this subchapter before the commencement of
  facility construction.  A facility that meets the commissioner's
  requirements under this section is not required to satisfy Section
         Sec. 246.0736.  CONTINUING RELEASE OF ESCROW. (a) After the
  initial release of an entrance fee by an escrow agent for a specific
  facility, the commissioner shall authorize an escrow agent to
  continue to release escrowed entrance fees for that facility to the
  provider without further proof of satisfying the requirements of
  Section 246.073 if:
               (1)  the provider provides a monthly report to the
  department on marketing activities for living units of the
  facility; and
               (2)  the provider immediately informs the department of
  any problems, issues, or irregularities encountered in its
  marketing activities for the facility.
         (b)  If the provider fails to meet the requirements of
  Subsection (a), the commissioner may require the provider to
  satisfy the requirements of Section 246.073 before the commissioner
  authorizes the escrow agent to continue releasing escrowed entrance
  fees to the provider.
         (c)  The commissioner shall adopt rules to implement this
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 2392 was passed by the House on May 8,
  2007, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2392 on May 25, 2007, by the following vote:  Yeas 141, Nays 0,
  1 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 2392 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  Secretary of the Senate   
  APPROVED: __________________