74R5858 E
By Henderson S.B. No. 192
Substitute the following for S.B. No. 192:
By Berlanga C.S.S.B. No. 192
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration and responsibilities of The
1-3 University of Texas M. D. Anderson Cancer Center.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 73.106, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 73.106. Patients. This <Except to the extent of any
1-8 conflict with this> subchapter governs<, the provisions of Chapter
1-9 152, Acts of the 45th Legislature, Regular Session, 1937, as
1-10 amended (Article 3196a, Vernon's Texas Civil Statutes), govern> the
1-11 admission of patients to the institution and its substations, the
1-12 support of patients, and other matters relating to patients.
1-13 SECTION 2. Subsection (c), Section 73.108, Education Code,
1-14 is amended to read as follows:
1-15 (c) The <Each> application may <shall> be accompanied by a
1-16 written request for the patient's admission by his attending
1-17 physician which includes:
1-18 (1) a statement that he has adequately examined the
1-19 patient and that the patient has, or is suspected of having, a
1-20 neoplasm or allied disease;
1-21 (2) a statement indicating the duration of the
1-22 disease, if known, and indicating any accompanying bodily disorder
1-23 or disorders the patient may have at the time of the application;
1-24 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, public
2-8 hospital, or hospital district to provide treatment to residents of
2-9 the county or service area who are eligible for health care
2-10 assistance under Chapter 61, Health and Safety Code (Indigent
2-11 Health Care and Treatment Act).
2-12 (b) The liability of a county, public hospital, or hospital
2-13 district to the institution for the treatment of residents of the
2-14 county or service area by the institution shall not exceed the
2-15 responsibility of a county as provided for in Chapter 61, Health
2-16 and Safety Code, unless agreed to by the county, public hospital,
2-17 or hospital district in a contract entered into pursuant to this
2-18 section.
2-19 (c) If a contract is entered into pursuant to this section,
2-20 the liability of a county, public hospital, or hospital district
2-21 under the contract shall take into consideration the actual costs
2-22 of the institution in providing health care services pursuant to
2-23 the contract, but in no event shall the liability exceed such
2-24 costs.
2-25 (d) If a contract is not entered into pursuant to this
2-26 section, the institution shall receive the approval of a county,
2-27 public hospital, or hospital district before providing nonemergency
3-1 health care services to an eligible resident of the county or
3-2 service area. If such approval is not received, the county, public
3-3 hospital, or hospital district is not liable to the institution for
3-4 any nonemergency care provided to such persons. If such approval
3-5 is received, the county, public hospital, or hospital district is
3-6 liable to the institution as provided in Subsection (b) for the
3-7 services provided by the institution to such persons.
3-8 (e) As used in this section, "eligible resident," "hospital
3-9 district," "public hospital," and "service area" have the meanings
3-10 assigned by Chapter 61, Health and Safety Code.
3-11 Sec. 73.113. SUFFICIENCY OF INSTITUTIONAL FUNDS, FEES, AND
3-12 PATIENT BASE. The institution shall ensure that institutional
3-13 funds and the institution's hospital and clinic fees and patient
3-14 base are sufficient to fund and achieve the mission and strategic
3-15 plan of the institution and protect the state's investment in the
3-16 development of the institution.
3-17 Sec. 73.114. INCENTIVE RETIREMENT PLANS. (a) The
3-18 institution may offer incentive retirement plans to employees of
3-19 the institution who elect to retire under other state law.
3-20 (b) An incentive offered to an employee by the institution
3-21 must be paid from institutional funds or hospital or clinic fees.
3-22 (c) An institutional plan providing for incentive retirement
3-23 plans must be filed with the Legislative Budget Board not later
3-24 than the 61st day before the date the plan is implemented.
3-25 (d) The institution may not rehire an employee receiving a
3-26 retirement incentive under this section without the specific
3-27 approval of the president.
4-1 Sec. 73.115. ACQUISITION OF GOODS AND SERVICES. (a) The
4-2 institution may acquire goods or services by the method that
4-3 provides the best value to the institution, including:
4-4 (1) competitive bidding;
4-5 (2) competitive sealed proposals;
4-6 (3) catalogue purchase;
4-7 (4) a group purchasing program; or
4-8 (5) an open market contract.
4-9 (b) In determining what is the best value to the
4-10 institution, the institution shall consider:
4-11 (1) the purchase price;
4-12 (2) the reputation of the vendor and of the vendor's
4-13 goods or services;
4-14 (3) the quality of the vendor's goods or services;
4-15 (4) the extent to which the goods or services meet the
4-16 institution's needs;
4-17 (5) the vendor's past relationship with the
4-18 institution;
4-19 (6) the impact on the ability of the institution to
4-20 comply with laws and rules relating to historically underutilized
4-21 businesses;
4-22 (7) the total long-term cost to the institution of
4-23 acquiring the vendor's goods or services; and
4-24 (8) any other relevant factor that a private business
4-25 entity would consider in selecting a vendor.
4-26 (c) The state auditor may audit purchases of goods or
4-27 services by the institution.
5-1 (d) The institution may adopt rules and procedures for the
5-2 acquisition of goods or services.
5-3 (e) To the extent of any conflict, this section prevails
5-4 over any other law relating to the purchasing of goods and services
5-5 except a law relating to contracting with historically
5-6 underutilized businesses.
5-7 (f) Except as otherwise provided by this section, the State
5-8 Purchasing and General Services Act (Article 601b, Vernon's Texas
5-9 Civil Statutes) and Chapter 2254, Government Code, do not apply to
5-10 purchases of goods and services made under this section.
5-11 SECTION 4. Subchapter B, Chapter 552, Health and Safety
5-12 Code, is amended by adding Section 552.020 to read as follows:
5-13 Sec. 552.020. APPLICATION. Except as provided by Subchapter
5-14 C, Chapter 73, Education Code, this subchapter does not apply to
5-15 The University of Texas M. D. Anderson Cancer Center.
5-16 SECTION 5. (a) Except as provided by Subsection (b) of this
5-17 section, this Act takes effect immediately.
5-18 (b) Sections 1 and 4 of this Act and Section 73.112,
5-19 Education Code, as added by this Act, take effect September 1,
5-20 1995.
5-21 SECTION 6. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended,
5-26 and that this Act take effect and be in force according to its
5-27 terms, and it is so enacted.