By:  Henderson, Truan                                  S.B. No. 192
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the administration and responsibilities of The
    1-2  University of Texas M. D. Anderson Cancer Center.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 73.106, Education Code, is amended to
    1-5  read as follows:
    1-6        Sec. 73.106.  PATIENTS.  This <Except to the extent of any
    1-7  conflict with this> subchapter governs<, the provisions of Chapter
    1-8  152, Acts of the 45th Legislature, Regular Session, 1937, as
    1-9  amended (Article 3196a, Vernon's Texas Civil Statutes), govern> the
   1-10  admission of patients to the institution and its substations, the
   1-11  support of patients, and other matters relating to patients.
   1-12        SECTION 2.  Subsection (c), Section 73.108, Education Code,
   1-13  is amended to read as follows:
   1-14        (c)  The <Each> application may <shall> be accompanied by a
   1-15  written request for the patient's admission by his attending
   1-16  physician which includes:
   1-17              (1)  a statement that he has adequately examined the
   1-18  patient and that the patient has, or is suspected of having, a
   1-19  neoplasm or allied disease;
   1-20              (2)  a statement indicating the duration of the
   1-21  disease, if known, and indicating any accompanying bodily disorder
   1-22  or disorders the patient may have at the time of the application;
   1-23  and
    2-1              (3)  any other information that may be required by the
    2-2  president.
    2-3        SECTION 3.  Subchapter C, Chapter 73, Education Code, is
    2-4  amended by adding Sections 73.112, 73.113, 73.114, and 73.115 to
    2-5  read as follows:
    2-6        Sec. 73.112.  TREATMENT OF INDIGENT PATIENTS.  (a)  The
    2-7  institution may enter into a contract with a county or a hospital
    2-8  district to provide treatment to residents of the county or
    2-9  hospital district who are eligible for health care assistance under
   2-10  Chapter 61, Health and Safety Code (Indigent Health Care and
   2-11  Treatment Act).
   2-12        (b)  The liability of a county or a hospital district to the
   2-13  institution for the treatment of residents of the county or
   2-14  hospital district shall not exceed the responsibility of the county
   2-15  or hospital district as provided for in Chapter 61, Health and
   2-16  Safety Code, unless agreed to by the county or hospital district in
   2-17  a contract entered into pursuant to this section.
   2-18        Sec. 73.113.  SUFFICIENCY OF INSTITUTIONAL FUNDS, FEES, AND
   2-19  PATIENT BASE.  The institution shall ensure that institutional
   2-20  funds and the institution's hospital and clinic fees and patient
   2-21  base are sufficient to fund and achieve the mission and strategic
   2-22  plan of the institution and protect the state's investment in the
   2-23  development of the institution.
   2-24        Sec. 73.114.  INCENTIVE RETIREMENT PLANS.  (a)  The
   2-25  institution may offer incentive retirement plans to employees of
    3-1  the institution who elect to retire under other state law.
    3-2        (b)  An incentive offered to an employee by the institution
    3-3  must be paid from institutional funds or hospital or clinic fees.
    3-4        (c)  An institutional plan providing for incentive retirement
    3-5  plans must be filed with the Legislative Budget Board not later
    3-6  than the 61st day before the date the plan is implemented.
    3-7        (d)  The institution may not rehire an employee receiving a
    3-8  retirement incentive under this section without the specific
    3-9  approval of the president.
   3-10        Sec. 73.115.  ACQUISITION OF GOODS AND SERVICES.  (a)  The
   3-11  institution may acquire goods or services by the method that
   3-12  provides the best value to the institution, including:
   3-13              (1)  competitive bidding;
   3-14              (2)  competitive sealed proposals;
   3-15              (3)  catalogue purchase;
   3-16              (4)  a group purchasing program; or
   3-17              (5)  an open market contract.
   3-18        (b)  In determining what is the best value to the
   3-19  institution, the institution shall consider:
   3-20              (1)  the purchase price;
   3-21              (2)  the reputation of the vendor and of the vendor's
   3-22  goods or services;
   3-23              (3)  the quality of the vendor's goods or services;
   3-24              (4)  the extent to which the goods or services meet the
   3-25  institution's needs;
    4-1              (5)  the vendor's past relationship with the
    4-2  institution;
    4-3              (6)  the impact on the ability of the institution to
    4-4  comply with laws and rules relating to historically underutilized
    4-5  businesses;
    4-6              (7)  the total long-term cost to the institution of
    4-7  acquiring the vendor's goods or services; and
    4-8              (8)  any other relevant factor that a private business
    4-9  entity would consider in selecting a vendor.
   4-10        (c)  The state auditor may audit purchases of goods or
   4-11  services by the institution.
   4-12        (d)  The institution may adopt rules and procedures for the
   4-13  acquisition of goods or services.
   4-14        (e)  To the extent of any conflict, this section prevails
   4-15  over any other law except a law or rule relating to contracting
   4-16  with historically underutilized businesses.
   4-17        SECTION 4.  Subchapter B, Chapter 552, Health and Safety
   4-18  Code, is amended by adding Section 552.020 to read as follows:
   4-19        Sec. 552.020.  APPLICATION.  Except as provided by Subchapter
   4-20  C, Chapter 73, Education Code, this subchapter does not apply to
   4-21  The University of Texas M. D. Anderson Cancer Center.
   4-22        SECTION 5.  (a)  Except as provided by Subsection (b) of this
   4-23  section, this Act takes effect immediately.
   4-24        (b)  Sections 1 and 4 of this Act and Section 73.112,
   4-25  Education Code, as added by this Act, take effect September 1,
    5-1  1995.
    5-2        SECTION 6.  The importance of this legislation and the
    5-3  crowded condition of the calendars in both houses create an
    5-4  emergency and an imperative public necessity that the
    5-5  constitutional rule requiring bills to be read on three several
    5-6  days in each house be suspended, and this rule is hereby suspended,
    5-7  and that this Act take effect and be in force according to its
    5-8  terms, and it is so enacted.