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.