By Uher H.B. No. 2032 74R6281 SMH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the administration of medical and dental units of 1-3 public institutions of higher education. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-6 amended by adding Sections 51.932 and 51.933 to read as follows: 1-7 Sec. 51.932. INCENTIVE RETIREMENT PLANS. (a) A medical and 1-8 dental unit may offer an incentive retirement plan to an employee 1-9 of the unit who elects to retire under Subtitle C, Title 8, 1-10 Government Code. 1-11 (b) A retirement incentive offered to an employee by a 1-12 medical and dental unit under this section must be paid from 1-13 institutional funds or hospital or clinic fees. 1-14 (c) A medical and dental unit providing an incentive 1-15 retirement plan must file the plan with the Legislative Budget 1-16 Board not later than the 61st day before the date the plan is 1-17 implemented. 1-18 (d) A medical and dental unit may not rehire an employee 1-19 receiving a retirement incentive under this section without the 1-20 specific approval of the president of the unit. 1-21 (e) In this section: 1-22 (1) "Institutional funds" has the meaning assigned by 1-23 Section 51.009(b). 1-24 (2) "Medical and dental unit" has the meaning assigned 2-1 by Section 61.003. The term includes a health care facility 2-2 operated by the medical and dental unit. 2-3 Sec. 51.933. ACQUISITION OF GOODS AND SERVICES. (a) A 2-4 medical and dental unit may acquire goods or services by the method 2-5 that provides the best value to the unit, including: 2-6 (1) competitive bidding; 2-7 (2) competitive sealed proposals; 2-8 (3) a catalogue purchase; 2-9 (4) a group purchasing program; or 2-10 (5) an open market contract. 2-11 (b) In determining what is the best value to a medical and 2-12 dental unit, the unit shall consider: 2-13 (1) the purchase price; 2-14 (2) the reputation of the vendor and of the vendor's 2-15 goods or services; 2-16 (3) the quality of the vendor's goods or services; 2-17 (4) the extent to which the goods or services meet the 2-18 unit's needs; 2-19 (5) the vendor's past relationship with the unit; 2-20 (6) the impact on the ability of the unit to comply 2-21 with laws and rules relating to historically underutilized 2-22 businesses; 2-23 (7) the total long-term cost to the unit of acquiring 2-24 the vendor's goods or services; and 2-25 (8) any other relevant factor that a private business 2-26 entity would consider in selecting a vendor. 2-27 (c) The state auditor may audit purchases of goods or 3-1 services by a medical and dental unit. 3-2 (d) The Legislative Audit Committee may contract with an 3-3 independent firm to report to the committee on the purchasing 3-4 operations of a medical and dental unit. The medical and dental 3-5 unit shall cooperate with the firm and shall bear the costs of the 3-6 study as determined by the Legislative Audit Committee. 3-7 (e) To the extent of any conflict, this section prevails 3-8 over any other law except a law or rule relating to contracting 3-9 with historically underutilized businesses. 3-10 (f) In this section, "medical and dental unit" has the 3-11 meaning assigned by Section 61.003. The term includes a health 3-12 care facility operated by the medical and dental unit. 3-13 SECTION 2. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended, 3-18 and that this Act take effect and be in force from and after its 3-19 passage, and it is so enacted.