BILL ANALYSIS



C.S.H.B. 2837
By: Maxey, et al.
April 24, 1995
Committee Report (Substituted)


BACKGROUND

The City of Austin is attempting to facilitate and improve the
availability, accessibility, and cost of health care services to
its residents by leasing Brackenridge Hospital for operation on a
non-profit basis.  The lease involves the city hospital and another
hospital currently operating health care facilities in the City of
Austin.

PURPOSE

This legislation clarifies that a non-profit organization can
operate a health care facility on the City of Austin plat in which
Brackenridge Hospital is currently located.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Clarifies legislative intent of H.B. 2837.

SECTION 2  Section 2, Chapter 492, Acts of the 67th Legislature,
           Regular Session, 1981, is amended by amending Section
           2 and adding Section 2A as follows:  

           Section 2 enables the City of Austin to allow a non-profit organization to operate a health care facility
           on the specific plat mentioned, regardless of whether
           the lease might be considered to be anticompetitive.

           Section 2A states that the non-profit organization and
           the city shall use best efforts to provide health care
           services without regard to an individual's ability to
           pay.

SECTION 3  Emergency clause.
           Effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes several non-substantive, technical changes to
clarify language in the original bill.  In addition, the substitute
adds language in SECTION 2 that allows the city to lease the
property regardless of whether the lease might be considered to be
anticompetitive under the antitrust laws of the United States or
this state.  Also, the substitute adds Section 2A, which states
that the non-profit organization and the city shall use best
efforts to provide services without regard to an individual's
ability to pay.

SUMMARY OF COMMITTEE ACTION

H.B. 2837 was considered by the committee in a public hearing on
April 18, 1995.

The following persons testified in favor of the bill:

           Representative Glen Maxey;
           David Coats, representing Brackenridge Hospital; and
           Charles Barnett, representing himself.

The bill was left pending.

H.B. 2837 was considered by the committee in a public hearing on
April 18, 1995.

The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.