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.