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.