1-1 By: Uher (Senate Sponsor - Armbrister) H.B. No. 2032 1-2 (In the Senate - Received from the House May 15, 1995; 1-3 May 16, 1995, read first time and referred to Committee on State 1-4 Affairs; May 22, 1995, reported favorably by the following vote: 1-5 Yeas 11, Nays 0; May 22, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the administration of medical and dental units of 1-9 public institutions of higher education. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-12 amended by adding Sections 51.932 and 51.933 to read as follows: 1-13 Sec. 51.932. RETIREMENT INCENTIVES. (a) A medical and 1-14 dental unit may offer a retirement incentive to an employee of the 1-15 unit who is eligible to retire under Subtitle C, Title 8, 1-16 Government Code. 1-17 (b) A medical and dental unit offering a retirement 1-18 incentive plan shall file the plan with the Legislative Budget 1-19 Board not later than the 61st day before the date the plan is 1-20 implemented and shall provide the board with any information 1-21 concerning the plan required by the board. 1-22 (c) A medical and dental unit may not rehire an employee 1-23 receiving a retirement incentive under this section without the 1-24 specific approval of the president of the unit. The president may 1-25 not delegate this responsibility to any other employee of the unit. 1-26 (d) A retirement incentive offered to an employee by a 1-27 medical and dental unit under this section must be paid from 1-28 institutional funds or hospital or clinic fees. 1-29 (e) A retirement incentive paid by a medical and dental unit 1-30 to an employee is not subject to any provision of state law that 1-31 entitles the employee to benefits based on salary or compensation, 1-32 including contributions under Subtitle C, Title 8, Government Code. 1-33 (f) In this section: 1-34 (1) "Institutional funds" has the meaning assigned by 1-35 Section 51.009(b). 1-36 (2) "Medical and dental unit" has the meaning assigned 1-37 by Section 61.003 and includes a school of veterinary medicine and 1-38 a health care facility operated by a medical and dental unit, 1-39 except that the term does not include The University of Texas M. D. 1-40 Anderson Cancer Center. 1-41 Sec. 51.933. ACQUISITION OF GOODS AND SERVICES. (a) A 1-42 medical and dental unit may acquire goods or services by the method 1-43 that provides the best value to the unit, including: 1-44 (1) competitive bidding; 1-45 (2) competitive sealed proposals; 1-46 (3) a catalogue purchase; 1-47 (4) a group purchasing program; or 1-48 (5) an open market contract. 1-49 (b) In determining what is the best value to a medical and 1-50 dental unit, the unit shall consider: 1-51 (1) the purchase price; 1-52 (2) the reputation of the vendor and of the vendor's 1-53 goods or services; 1-54 (3) the quality of the vendor's goods or services; 1-55 (4) the extent to which the goods or services meet the 1-56 unit's needs; 1-57 (5) the vendor's past relationship with the unit; 1-58 (6) the impact on the ability of the unit to comply 1-59 with laws and rules relating to historically underutilized 1-60 businesses; 1-61 (7) the total long-term cost to the unit of acquiring 1-62 the vendor's goods or services; and 1-63 (8) any other relevant factor that a private business 1-64 entity would consider in selecting a vendor. 1-65 (c) The state auditor may audit purchases of goods or 1-66 services by a medical and dental unit. 1-67 (d) To the extent of any conflict, this section prevails 1-68 over any other law except a law or rule relating to contracting 2-1 with historically underutilized businesses. 2-2 (e) In this section, "medical and dental unit" has the 2-3 meaning assigned by Section 61.003 and includes a school of 2-4 veterinary medicine and a health care facility operated by a 2-5 medical and dental unit, except that the term does not include The 2-6 University of Texas M. D. Anderson Cancer Center. 2-7 (f) This section expires September 1, 1999. 2-8 SECTION 2. Not later than February 1, 1999, the Legislative 2-9 Audit Committee may report to the 76th Legislature on the 2-10 purchasing operations of a medical and dental unit as defined by 2-11 Section 61.003. The committee may hire an independent firm to 2-12 prepare the report. The medical and dental unit shall cooperate 2-13 with the firm and shall bear the costs of the study as determined 2-14 by the committee. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted. 2-22 * * * * *