By Delco                                              H.B. No. 2099
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the containment of health care costs and to ensuring
    1-3  the quality of the delivery of health care services; creating the
    1-4  Texas Health Care Cost Containment Council; making appropriations;
    1-5  creating offenses and providing penalties.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7                               ARTICLE 1
    1-8        SECTION 1.01.  PURPOSE.    As a result of rising health care
    1-9  costs and concerns expressed by consumers, businesses, health care
   1-10  providers, and payors and as a result of the study completed by the
   1-11  Texas Health Policy Task Force, there is an urgent need to abate
   1-12  escalating costs and to address the quality of health care delivery
   1-13  for all Texans.  It is the purpose of this legislation to address
   1-14  these concerns.
   1-15                               ARTICLE 2
   1-16        SECTION 2.01.  Subtitle E, Health and Safety Code, is amended
   1-17  by adding Chapter 108 to read as follows:
   1-18                 CHAPTER 108.  TEXAS HEALTH CARE COST
   1-19                          CONTAINMENT COUNCIL
   1-20        Sec. 108.001.  CREATION OF COUNCIL.  The Texas Health Care
   1-21  Cost Containment Council is created under the commission of health.
   1-22  The council shall report directly to the governor, the legislature,
   1-23  and the public.
    2-1        Sec. 108.002.  DEFINITIONS.  In this chapter:
    2-2              (1)  "Ambulatory service facility" means a facility
    2-3  licensed in Texas, not part of a hospital, which provides medical,
    2-4  diagnostic, or surgical treatment to patients not requiring
    2-5  hospitalization, including ambulatory surgical facilities,
    2-6  ambulatory imaging or diagnostic centers, birthing centers,
    2-7  freestanding emergency rooms, and any other facilities providing
    2-8  ambulatory care which charge a separate facility charge.
    2-9              (2)  "Charge" or "rate" means the amount billed by a
   2-10  provider for specific goods or services provided to a patient prior
   2-11  to any adjustment for contractual allowances.
   2-12              (3)  "Council" means the Texas Health Care Cost
   2-13  Containment Council.
   2-14              (4)  "Covered services" means any health care services
   2-15  or procedures connected with episodes of illness that require
   2-16  either inpatient hospital care or major ambulatory service such as
   2-17  surgical, medical, or major radiological procedures, including any
   2-18  initial and followup outpatient services associated with the
   2-19  episode of illness before, during, or after inpatient hospital care
   2-20  or major ambulatory service.
   2-21              (5)  "Data source" means a hospital, a health care
   2-22  facility, an ambulatory service facility, a physician, a licensed
   2-23  health care provider, or a health maintenance organization as
   2-24  defined in Section 2, Texas Health Maintenance Organization Act
   2-25  (Article 20A.02, Vernon's Texas Insurance Code); a hospital,
    3-1  medical, retiree, or health service plan; third-party payors or
    3-2  insurers providing health or accident insurance; self-insured
    3-3  employers providing health or accident coverage or benefits; health
    3-4  claims paid by homeowners, auto liability insurance, worker's
    3-5  compensation plans, or other benefit plans; any health and benefit
    3-6  plan that provides health or accident benefits or insurance
    3-7  pertaining to covered service in this state; preferred provider
    3-8  organizations; health and human services agencies for those covered
    3-9  services they purchase or provide through the medical assistance
   3-10  program under Chapter 32, Human Resources Code; and any other payor
   3-11  for covered services in this state.
   3-12              (6)  "Health care facility" means:
   3-13                    (A)  a general or special hospital, whether
   3-14  public or private, profit or nonprofit, as defined in Chapter 241;
   3-15                    (B)  an ambulatory surgical center as defined in
   3-16  Chapter 243;
   3-17                    (C)  a private mental hospital as defined in
   3-18  Chapter 577;
   3-19                    (D)  a chemical dependency treatment facility as
   3-20  defined in Chapter 464;
   3-21                    (E)  a rehabilitation outpatient and inpatient
   3-22  center; and
   3-23                    (F)  hemodialysis units and kidney disease
   3-24  treatment centers and any other facility designated as a health
   3-25  care facility under federal law.
    4-1              (7)  "Health care insurer" means any person,
    4-2  corporation, or other entity that offers administrative, indemnity,
    4-3  or payment services for health care in exchange for a premium,
    4-4  fees, charge, or other consideration under a program of health care
    4-5  benefits including but not limited to an insurance company,
    4-6  association, stipulated premium insurance company, or exchange
    4-7  issuing health insurance policies in this state; hospital and
    4-8  medical services plan corporation; group hospital service
    4-9  corporation; health maintenance organization; preferred provider
   4-10  organization; fraternal benefit society; beneficial society; and
   4-11  third-party administrator.
   4-12              (8)  "Health maintenance organization" means an
   4-13  organization as defined in Section 2, Texas Health Maintenance
   4-14  Organization Act (Article 20A.02, Vernon's Texas Insurance Code).
   4-15              (9)  "High technology diagnostic or treatment center"
   4-16  means a health treatment center that utilizes high technology
   4-17  equipment including but not limited to magnetic resonance imaging
   4-18  devices, lithotriptors, kidney dialysis machines, and appropriate
   4-19  equipment for providing chemotherapy or radiation treatment.
   4-20              (10)  "Hospital" means an institution licensed in this
   4-21  state which is a general or special hospital, private mental,
   4-22  chronic disease, or other type of hospital or a substance abuse,
   4-23  rehabilitation, radiation, chemotheraphy, or kidney disease
   4-24  treatment center, whether profit or nonprofit, and including those
   4-25  operated by an agency of state or local government.
    5-1              (11)  "Indigent care" means the actual costs, as
    5-2  determined by the council, for the provision of appropriate health
    5-3  care, on an inpatient or outpatient basis, given to individuals who
    5-4  cannot pay for their care because they are above the medical
    5-5  assistance eligibility levels and have no health insurance or other
    5-6  financial resources which can cover their health care.
    5-7              (12)  "Major ambulatory surgical center" means a
    5-8  facility engaged in surgical or medical procedures, including
    5-9  diagnostic and therapeutic radiological procedures, commonly
   5-10  performed in hospitals or ambulatory service facilities, which are
   5-11  not of a type commonly performed or which cannot be safely
   5-12  performed in physicians' offices and which require special
   5-13  facilities such as operating rooms or suites or special equipment
   5-14  such as fluoroscopic equipment or computed tomographic scanners or
   5-15  a postprocedure recovery room or short-term convalescent room.
   5-16              (13)  "Medically indigent" or "indigent" means the
   5-17  status of a person as described in the definition of indigent care.
   5-18              (14)  "Patient identification number" means that number
   5-19  composed of numeric, alpha, or alphanumeric characters which has
   5-20  been assigned by a third-party payor to identify a policyholder,
   5-21  member, or subscriber.
   5-22              (15)  "Payment" means the payments that providers
   5-23  actually accept for their services, exclusive of charity care,
   5-24  rather than the charges they bill.
   5-25              (16)  "Payor" means any person or entity including but
    6-1  not limited to health care insurers and purchasers that make direct
    6-2  payments to providers for covered services.
    6-3              (17)  "Physician" means an individual licensed under
    6-4  the laws of this state to practice medicine and surgery within the
    6-5  scope of the Medical Practice Act (Article 4495b, Vernon's Texas
    6-6  Civil Statutes).
    6-7              (18)  "Preferred provider organization" means any
    6-8  arrangement between a health care insurer and providers of health
    6-9  care services which specifies rates of payment to such providers
   6-10  which differ from their usual and customary charges to the general
   6-11  public and which encourage enrollees to receive health services
   6-12  from such providers.
   6-13              (19)  "Provider" means a hospital, a physician, or any
   6-14  licensed or certified health care provider.
   6-15              (20)  "Provider quality" means the extent to which a
   6-16  provider renders care that, within the capabilities of modern
   6-17  medicine, obtains for patients medically acceptable health outcomes
   6-18  and prognoses, adjusted for patient severity, and treats patients
   6-19  compassionately and responsively.
   6-20              (21)  "Provider service effectiveness" means the
   6-21  effectiveness of services rendered by a provider, determined by
   6-22  measurement of the medical outcome of patients, grouped by
   6-23  severity, receiving those services.
   6-24              (22)  "Purchaser" means a corporation, labor
   6-25  organization, and any other entity that purchases benefits which
    7-1  provide covered services for their employees or members.
    7-2              (23)  "Raw data" or "data" means data collected by the
    7-3  council under Section 108.009 in the form initially received.
    7-4              (24)  "Severity" means in any patient, the measurable
    7-5  degree of the potential for failure of one or more vital organs.
    7-6        Sec. 108.003.  COUNCIL COMPOSITION AND VOTING.  (a)  The
    7-7  council is composed of three nonvoting ex officio state agency
    7-8  members and nine voting members appointed by the governor and
    7-9  confirmed by the senate as follows:
   7-10              (1)  the commissioner of health;
   7-11              (2)  the commissioner of health and human services;
   7-12              (3)  an insurance board member or the commissioner of
   7-13  insurance;
   7-14              (4)  two representatives of the business community,
   7-15  with at least one representing small business, who are purchasers
   7-16  of health care but who are not involved in the provision of health
   7-17  care or health insurance;
   7-18              (5)  one representative from labor who is not involved
   7-19  in the provision of health care or health insurance;
   7-20              (6)  two consumer representatives who are not involved
   7-21  in the provision of health care or health insurance;
   7-22              (7)  one representative of the commercial insurance
   7-23  carriers;
   7-24              (8)  two representatives of the health care provider
   7-25  community; and
    8-1              (9)  one expert in health cost data management who is
    8-2  not primarily involved in the provision of health care.
    8-3        (b)  The chair shall be appointed by the governor and serves
    8-4  at the pleasure of the governor.  Members shall annually elect a
    8-5  vice-chair of the council from among the business, labor, and
    8-6  consumer representatives on the council.
    8-7        (c)  Six voting members constitute a quorum for the
    8-8  transaction of any business, and an act by the majority of the
    8-9  voting members present at any meeting in which there is a quorum
   8-10  shall be deemed to be an act of the council.
   8-11        (d)  The council shall adopt bylaws not inconsistent with
   8-12  this chapter and may appoint such committees or elect such officers
   8-13  subordinate to those provided for in Subsection (b) as it deems
   8-14  advisable.
   8-15        (e)  The members of the council shall not receive a salary or
   8-16  per diem allowance for serving as members of the council but shall
   8-17  be reimbursed for actual and necessary expenses incurred in the
   8-18  performance of their duties.  The expenses may include
   8-19  reimbursement of travel and living expenses while engaged in
   8-20  council business.
   8-21        Sec. 108.004.  MEETINGS.  (a)  The council is subject to the
   8-22  opening meetings law, Chapter 271, Acts of the 60th Legislature,
   8-23  Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil
   8-24  Statutes).
   8-25        (b)  The council shall meet as often as necessary to perform
    9-1  its duties under this chapter.
    9-2        (c)  The council shall also publish a notice of its meetings
    9-3  in at least four newspapers in general circulation in the state.
    9-4        Sec. 108.005.  TERMS.  (a)  The terms of the agency members
    9-5  are concurrent with their terms of office.  The nine appointed
    9-6  council members serve six-year terms and continue to serve until
    9-7  their successors are appointed and qualify, except that, of the
    9-8  members first appointed:
    9-9              (1)  one representative of business, one consumer
   9-10  representative, and one representative of the health provider
   9-11  community serve terms to expire two years from the date of initial
   9-12  appointment;
   9-13              (2)  the representative from labor, the representative
   9-14  of the commercial insurance carriers, and the expert in health cost
   9-15  data management serve terms to expire four years from the date of
   9-16  initial appointment; and
   9-17              (3)  one representative of business, one consumer
   9-18  representative, and one representative of the health provider
   9-19  community serve terms to expire six years from the date of initial
   9-20  appointment.
   9-21        (b)  No appointed member shall be eligible to serve more than
   9-22  two full consecutive terms of six years.
   9-23        (c)  A member may be removed by the appointing authority for
   9-24  absence from one-half or more of the scheduled meetings in a year.
   9-25  A member may be removed for just cause by the appointing authority
   10-1  after recommendation by a vote of at least two-thirds of the
   10-2  members of the council.
   10-3        Sec. 108.006.  POWERS AND DUTIES OF THE COUNCIL.  (a)  The
   10-4  council shall protect patient confidentiality and exercise all
   10-5  powers necessary and appropriate to carry out its duties.
   10-6        (b)  The council shall employ an executive director, legal
   10-7  counsel, investigators, and other staff necessary to comply with
   10-8  the provisions of this chapter and regulations promulgated
   10-9  hereunder and engage professional consultants as it deems necessary
  10-10  to the performance of its duties.
  10-11        (c)  The council shall promulgate rules and regulations
  10-12  necessary to carry out its duties under this chapter.
  10-13        Sec. 108.007.  REVIEW POWERS.  The council or the council's
  10-14  representative may make any inspection of all documents and
  10-15  records, used by data sources, required for purposes of compiling
  10-16  data and reports.  The council may compel providers to produce
  10-17  accurate documents and records.
  10-18        Sec. 108.008.  AUTHORIZATION TO PERFORM CERTAIN DUTIES AND
  10-19  FUNCTIONS.  (a)  The council shall develop a computerized system
  10-20  for the collection, analysis, and dissemination of data.
  10-21        (b)  The council shall prescribe a Texas Uniform Claims and
  10-22  Billing Form for all data sources and all providers which shall be
  10-23  utilized and maintained by all data sources and all providers for
  10-24  all services covered under this chapter.
  10-25        (c)  The council shall adopt and implement a methodology and
   11-1  collect and disseminate data reflecting provider quality and
   11-2  provider service effectiveness.
   11-3        (d)  The council shall make reports to the legislature and
   11-4  the governor on the rate of increase in the cost of health care in
   11-5  the state and the effectiveness of the council in carrying out the
   11-6  legislative intent of this chapter.  In addition, the council may
   11-7  make recommendations on the need for further health care cost
   11-8  containment legislation.  The council shall also make annual
   11-9  reports on the quality and effectiveness of health care and access
  11-10  to health care for all citizens of the state.
  11-11        (e)  The council shall adopt, within 180 days following
  11-12  commencement of its operations as part of the Texas Uniform Claims
  11-13  and Billing Form for covered services pursuant to Subsection (b)
  11-14  and Section 108.009(b) a standard billing form for all providers,
  11-15  which shall include, in addition to information required pursuant
  11-16  to Section 108.009(c), such other information and explanations as
  11-17  the council deems necessary and which itemizes all charges for
  11-18  services, equipment, supplies, and medicine.  Each provider shall
  11-19  be required to utilize the standard billing form for covered
  11-20  services within 90 days of adoption of the form by the council.
  11-21  Such itemized billings shall be written in language that is
  11-22  understandable to the average person and be presented to each
  11-23  patient on discharge from a health care facility or provision of
  11-24  physician services or within a reasonable time thereafter.
  11-25        Sec. 108.009.  DATA SUBMISSION AND COLLECTION.  (a)  The
   12-1  council is authorized to collect and data sources are required to
   12-2  submit on request of the council all data required in this section,
   12-3  according to uniform submission formats, coding systems, and other
   12-4  technical specifications necessary to render the incoming data
   12-5  substantially valid, consistent, compatible, and manageable using
   12-6  electronic data processing.
   12-7        (b)  The council shall furnish the uniform claims and billing
   12-8  form format to all data sources, and the claims and billing form
   12-9  shall be utilized and maintained by all data sources for all
  12-10  services covered by this chapter.  The Texas Uniform Claims and
  12-11  Billing Form shall consist of the Uniform Hospital Billing Form
  12-12  UB-82/HCFA-1450 and the HCFA-1500, or their successors, as
  12-13  developed by the National Uniform Billing Committee, with
  12-14  additional fields as necessary to provide all of the data set forth
  12-15  in Subsections (c) and (d).
  12-16        (c)  For each covered service performed, the council shall be
  12-17  required to collect a hospital, major ambulatory service, or health
  12-18  care facility discharge data record which includes all the
  12-19  following:
  12-20              (1)  uniform patient identifier, continuous across
  12-21  multiple episodes and providers;
  12-22              (2)  patient's date of birth;
  12-23              (3)  patient's sex;
  12-24              (4)  patient's race and ethnicity;
  12-25              (5)  patient's marital status;
   13-1              (6)  ZIP Code number of patient's primary residence;
   13-2              (7)  date of admission;
   13-3              (8)  source of admission;
   13-4              (9)  type of admission;
   13-5              (10)  date of discharge;
   13-6              (11)  principal and up to four secondary diagnoses by
   13-7  standard code;
   13-8              (12)  principal procedure by council-specified standard
   13-9  code and date;
  13-10              (13)  up to three secondary procedures by
  13-11  council-specified standard codes and dates;
  13-12              (14)  uniform health care facility identifier,
  13-13  continuous across episodes, patients, and providers;
  13-14              (15)  uniform identifier of admitting physician, by
  13-15  unique physician identification number established by the council,
  13-16  continuous across episodes, patients, and providers;
  13-17              (16)  uniform identifier of consulting physicians, by
  13-18  unique physician identification number established by the council,
  13-19  continuous across episodes, patients, and providers;
  13-20              (17)  total charges of the health care facility,
  13-21  segregated into major categories, including but not limited to room
  13-22  and board, radiology, laboratory, operating room, drugs, medical
  13-23  supplies, and other goods and services according to guidelines
  13-24  specified by the council;
  13-25              (18)  actual payments to the health care facility,
   14-1  segregated, if available, according to the categories specified in
   14-2  Subdivision (17);
   14-3              (19)  charges of each physician or licensed provider
   14-4  rendering service relating to an incident of hospitalization or
   14-5  treatment in an ambulatory service facility;
   14-6              (20)  actual payments to each physician or licensed
   14-7  provider rendering service pursuant to Subdivision (19);
   14-8              (21)  uniform identifier of primary payor;
   14-9              (22)  ZIP Code number of facility where health care
  14-10  service is rendered;
  14-11              (23)  Medicaid provider number;
  14-12              (24)  indigent status;
  14-13              (25)  county of residence of patient;
  14-14              (26)  deductible;
  14-15              (27)  co-insurance amount;
  14-16              (28)  uniform identifier for payor group contract
  14-17  number;
  14-18              (29)  patient discharge status; and
  14-19              (30)  data elements listed in Chapter 311.
  14-20        (d)  In carrying out its duty to collect data on provider
  14-21  quality and provider service effectiveness under Section
  14-22  108.008(c), the council shall define a methodology to measure
  14-23  provider service effectiveness which may include additional data
  14-24  elements to be specified by the council sufficient to carry out its
  14-25  responsibilities under Section 108.008(c).  The council may adopt a
   15-1  nationally recognized methodology of quantifying and collecting
   15-2  data on provider quality and provider service effectiveness.  The
   15-3  council shall include in the Texas Uniform Claims and Billing Form
   15-4  a field consisting of the data elements required to provide
   15-5  information on each provision of covered services sufficient to
   15-6  permit analysis of provider quality and provider service
   15-7  effectiveness within 180 days of commencement of its operations.
   15-8        (e)  Except as otherwise provided by law, all licensed and
   15-9  certified providers are required to submit and the council is
  15-10  authorized to collect, in accordance with submission dates and
  15-11  schedules established by the council, the following additional
  15-12  data, provided such data are not available to the council from
  15-13  public records:
  15-14              (1)  audited annual financial reports of all hospitals
  15-15  and health care facilities or entities providing covered services
  15-16  as defined in Section 108.002;
  15-17              (2)  the Medicare cost report (OMB Form 2552 or
  15-18  equivalent federal form) or the AG-12 form for Medical Assistance
  15-19  or successor forms, whether completed or partially completed and
  15-20  including the settled Medicare cost report and the certified AG-12
  15-21  form;
  15-22              (3)  additional data, including but not limited to data
  15-23  which can be used to provide the following information:
  15-24                    (A)  the incidence of medical and surgical
  15-25  procedures in the population for individual providers;
   16-1                    (B)  status of licensure and accreditation of
   16-2  hospitals and ambulatory service facilities;
   16-3                    (C)  mortality rates for specified diagnoses and
   16-4  treatments, grouped by severity, for individual providers;
   16-5                    (D)  rates of infection for specified diagnoses
   16-6  and treatments, grouped by severity, for individual providers;
   16-7                    (E)  morbidity rates for specified diagnoses and
   16-8  treatments, grouped by severity, for individual providers;
   16-9                    (F)  readmission rates for specified diagnoses
  16-10  and treatments, grouped by severity, for individual providers; and
  16-11                    (G)  rate of incidence of postdischarge provider
  16-12  care for selected diagnoses and procedures, grouped by severity,
  16-13  for individual providers; and
  16-14              (4)  any other data the council requires to carry out
  16-15  its responsibilities pursuant to Section 108.008(c).
  16-16        Sec. 108.010.  DATA DISSEMINATION AND PUBLICATION.
  16-17  (a)  Subject to the restrictions on access to council data
  16-18  established under Section 108.012 and utilizing the data collected
  16-19  under Section 108.009 as well as other data, records, and matters
  16-20  of record available to it, the council shall prepare and issue
  16-21  reports to the legislature and to the general public, according to
  16-22  the provisions of this section.
  16-23        (b)  The council shall, for every provider within the state
  16-24  and within appropriate regions and subregions within the state and
  16-25  for those inpatient and outpatient services which, when ranked by
   17-1  order of frequency, account for at least 75 percent of all covered
   17-2  services and which, when ranked by order of total payments, account
   17-3  for at least 75 percent of total payments, prepare and issue
   17-4  quarterly reports that at least provide information on the
   17-5  following:
   17-6              (1)  comparisons among all providers of payments
   17-7  received, charges, population-based admission or incidence rates,
   17-8  and provider service effectiveness, such comparisons to be grouped
   17-9  according to diagnosis and severity and to identify each provider
  17-10  by name and type or specialty;
  17-11              (2)  comparisons among all providers of inpatient and
  17-12  outpatient charges and payments for room and board, ancillary
  17-13  services, drugs, equipment and supplies, and total services, such
  17-14  comparisons to be grouped according to provider quality and
  17-15  provider service effectiveness and according to diagnosis and
  17-16  severity and to identify each health care facility by name and
  17-17  type;
  17-18              (3)  the incidence rate of selected medical or surgical
  17-19  procedures, the provider service effectiveness, and the payments
  17-20  received for those providers, identified by the name and type or
  17-21  specialty, for which these elements vary significantly from the
  17-22  norms for all providers; and
  17-23              (4)  until and unless a methodology to measure provider
  17-24  quality and provider service effectiveness pursuant to Sections
  17-25  108.008(c) and 108.009(c) and (d) is available to the council,
   18-1  comparisons among all providers, grouped according to diagnosis,
   18-2  procedure, and severity, which identify facilities by name and type
   18-3  and physicians by name and specialty, of charges and payments
   18-4  received, readmission rates, mortality rates, morbidity rates, and
   18-5  infection rates.  Following adoption of the methodology specified
   18-6  in Sections 108.008(c) and 108.009(c) and (d), the council may, at
   18-7  its discretion, discontinue publication of this component of the
   18-8  report.
   18-9        Sec. 108.011.  RAW DATA REPORTS AND COMPUTER ACCESS TO
  18-10  COUNCIL DATA.  The council shall provide special reports derived
  18-11  from raw data and a means for computer-to-computer access to its
  18-12  raw data to any purchaser, pursuant to Section 108.013.  The
  18-13  council shall provide such reports and computer-to-computer access,
  18-14  at its discretion, to other parties requesting it.  The council may
  18-15  charge fees to parties requesting data to offset the costs of
  18-16  production of the data.
  18-17        Sec. 108.012.  GENERAL ACCESS TO COUNCIL DATA.  (a)  The
  18-18  information and data received by the council shall be utilized by
  18-19  the council for the benefit of the public.  Subject to specific
  18-20  limitations the council by rule establishes, the council shall make
  18-21  determinations on requests for information in favor of access.
  18-22        (b)  Any person who knowingly releases council data violating
  18-23  the patient  confidentiality, actual payments, discount data, or
  18-24  raw data safeguards established by the council to an unauthorized
  18-25  person commits an offense.  An unauthorized person who knowingly
   19-1  receives or possesses such data commits an offense.  An offense
   19-2  under this subsection is punishable on conviction by a fine of
   19-3  $10,000 or imprisonment for not more than five years, or both such
   19-4  fine and imprisonment.
   19-5        Sec. 108.013.  ACCESS TO RAW COUNCIL DATA BY PURCHASERS.
   19-6  (a)  The council shall provide access to its raw data to
   19-7  purchasers.
   19-8        (b)  A means to enable  computer-to-computer access by any
   19-9  purchaser to raw data of the council shall be developed, adopted,
  19-10  and implemented by the council.
  19-11        Sec. 108.014.  ENFORCEMENT; PENALTY.  (a)  The attorney
  19-12  general at the request of the council, shall administer and enforce
  19-13  this chapter.
  19-14        (b)  Any person who fails to supply data pursuant to Section
  19-15  108.009 commits an offense.  An offense under this section is
  19-16  punishable on conviction by a fine of $25,000 or imprisonment for
  19-17  not more than five years, or both such fine and imprisonment.
  19-18        (c)  Failure to report on each prescribed deadline is a
  19-19  separate offense and subject to penalty.
  19-20                               ARTICLE 3
  19-21        SECTION 3.01.  (a)  The Texas Health Care Cost Containment
  19-22  Council may accept gifts, grants, money, and contributions from any
  19-23  public or private source to perform its duties under this Act.
  19-24        (b)  For the fiscal year ending August 31, 1994, the sum of
  19-25  $2 million is appropriated from the designated account in the
   20-1  general revenue fund to the Texas Health Care Cost Containment
   20-2  Council to carry out its duties under this Act.  Available funds
   20-3  from the designated account or other gifts, grants, money, or
   20-4  contributions over $2 million shall also be appropriated for the
   20-5  purposes of the council.
   20-6        (c)  For the fiscal year ending August 31, 1995, the sum of
   20-7  $2 million is appropriated from the designated account in the
   20-8  general revenue fund to the Texas Health Care Cost Containment
   20-9  Council to carry out its duties under this Act.  Available funds
  20-10  from the designated account or other gifts, grants, money, or
  20-11  contributions over $2 million shall also be appropriated for the
  20-12  purposes of the council.
  20-13        SECTION 3.02.  (a)  Appointments to the Texas Health Care
  20-14  Cost Containment Council shall be made by the governor as soon as
  20-15  practicable after the effective date of this Act.
  20-16        (b)  The Texas Health Care Cost Containment Council shall
  20-17  begin operations immediately following the making of the
  20-18  appointments required by Subsection (a) of this section.
  20-19        SECTION 3.03.  This Act takes effect September 1, 1993.
  20-20        SECTION 3.04.  The importance of this legislation and the
  20-21  crowded condition of the calendars in both houses create an
  20-22  emergency and an imperative public necessity that the
  20-23  constitutional rule requiring bills to be read on three several
  20-24  days in each house be suspended, and this rule is hereby suspended.