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 * * * * *