By Hamric H.B. No. 2979
Substitute the following for H.B. No. 2979:
By Lewis of Orange C.S.H.B. No. 2979
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dental, medical and health-related expenses incurred by
1-3 prisoners confined in county jail and persons kept under guard by
1-4 counties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 104.002, Code of Criminal Procedure, is
1-7 amended by amending Subsection (d), as amended by Chapters 14 and
1-8 434, Acts of the 72nd Legislature, Regular Session, 1991, and by
1-9 adding Subsection (e) to read as follows:
1-10 (d) A person who is not indigent, is <or was> a prisoner in
1-11 a county jail or kept under guard by the county, and receives
1-12 <received> medical, dental, or health-related <health related>
1-13 services <from a county or a hospital district> shall be required
1-14 to pay for such services when they are rendered. Any health care
1-15 provider, including a county, a public hospital, a hospital
1-16 district, or a mandated provider as defined by Section 61.002,
1-17 Health and Safety Code, that provides a medical, dental, or
1-18 health-related service to a prisoner who is not indigent or a
1-19 person who is not indigent and who is kept under guard may seek
1-20 payment for the services only from the prisoner or person kept
1-21 under guard or from a natural person who is responsible for the
1-22 support of the prisoner or person kept under guard <If such
1-23 prisoner is eligible county resident as defined in Section 61.002,
1-24 Health and Safety Code, the county or hospital district providing
2-1 the services has a right of subrogation to the prisoner's right of
2-2 recovery from any source, limited to the cost of services provided.
2-3 A prisoner, unless the prisoner fully pays for the cost of services
2-4 received, shall remain obligated to reimburse the county or
2-5 hospital district for any medical, dental, or health services
2-6 provided, and the county or hospital district may apply for
2-7 reimbursement in the manner provided by Chapter 61, Health and
2-8 Safety Code. A county or hospital district shall have authority to
2-9 recover the amount expended in a civil action>.
2-10 (e) Indigent persons who are prisoners in a county jail or
2-11 kept under guard by the county shall receive medical, dental, or
2-12 health-related services in the facilities of a county jail, county
2-13 hospital, hospital district, or mandated provider as defined by
2-14 Tex. Health & Safety Code Ann. Sec. 61.002, as amended.
2-15 SECTION 2. This Act takes effect September 1, 1995.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.