1-1 By: Henderson S.B. No. 192
1-2 (In the Senate - Filed January 11, 1995; January 18, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 January 23, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0;
1-6 January 23, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 192 By: Henderson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the administration and responsibilities of The
1-11 University of Texas M. D. Anderson Cancer Center.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 73.106, Education Code, is amended to
1-14 read as follows:
1-15 Sec. 73.106. PATIENTS. This <Except to the extent of any
1-16 conflict with this> subchapter governs<, the provisions of Chapter
1-17 152, Acts of the 45th Legislature, Regular Session, 1937, as
1-18 amended (Article 3196a, Vernon's Texas Civil Statutes), govern> the
1-19 admission of patients to the institution and its substations, the
1-20 support of patients, and other matters relating to patients.
1-21 SECTION 2. Subsection (c), Section 73.108, Education Code,
1-22 is amended to read as follows:
1-23 (c) The <Each> application may <shall> be accompanied by a
1-24 written request for the patient's admission by his attending
1-25 physician which includes:
1-26 (1) a statement that he has adequately examined the
1-27 patient and that the patient has, or is suspected of having, a
1-28 neoplasm or allied disease;
1-29 (2) a statement indicating the duration of the
1-30 disease, if known, and indicating any accompanying bodily disorder
1-31 or disorders the patient may have at the time of the application;
1-32 and
1-33 (3) any other information that may be required by the
1-34 president.
1-35 SECTION 3. Subchapter C, Chapter 73, Education Code, is
1-36 amended by adding Sections 73.112, 73.113, 73.114, and 73.115 to
1-37 read as follows:
1-38 Sec. 73.112. TREATMENT OF INDIGENT PATIENTS. (a) The
1-39 institution may enter into a contract with a county or a hospital
1-40 district to provide treatment to residents of the county or
1-41 hospital district who are eligible for health care assistance under
1-42 Chapter 61, Health and Safety Code (Indigent Health Care and
1-43 Treatment Act).
1-44 (b) The liability of a county or a hospital district to the
1-45 institution for the treatment of residents of the county or
1-46 hospital district shall not exceed the responsibility of the county
1-47 or hospital district as provided for in Chapter 61, Health and
1-48 Safety Code, unless agreed to by the county or hospital district in
1-49 a contract entered into pursuant to this section.
1-50 Sec. 73.113. SUFFICIENCY OF INSTITUTIONAL FUNDS, FEES, AND
1-51 PATIENT BASE. The institution shall ensure that institutional
1-52 funds and the institution's hospital and clinic fees and patient
1-53 base are sufficient to fund and achieve the mission and strategic
1-54 plan of the institution and protect the state's investment in the
1-55 development of the institution.
1-56 Sec. 73.114. INCENTIVE RETIREMENT PLANS. (a) The
1-57 institution may offer incentive retirement plans to employees of
1-58 the institution who elect to retire under other state law.
1-59 (b) An incentive offered to an employee by the institution
1-60 must be paid from institutional funds or hospital or clinic fees.
1-61 (c) An institutional plan providing for incentive retirement
1-62 plans must be filed with the Legislative Budget Board not later
1-63 than the 61st day before the date the plan is implemented.
1-64 (d) The institution may not rehire an employee receiving a
1-65 retirement incentive under this section without the specific
1-66 approval of the president.
1-67 Sec. 73.115. ACQUISITION OF GOODS AND SERVICES. (a) The
1-68 institution may acquire goods or services by the method that
2-1 provides the best value to the institution, including:
2-2 (1) competitive bidding;
2-3 (2) competitive sealed proposals;
2-4 (3) catalogue purchase;
2-5 (4) a group purchasing program; or
2-6 (5) an open market contract.
2-7 (b) In determining what is the best value to the
2-8 institution, the institution shall consider:
2-9 (1) the purchase price;
2-10 (2) the reputation of the vendor and of the vendor's
2-11 goods or services;
2-12 (3) the quality of the vendor's goods or services;
2-13 (4) the extent to which the goods or services meet the
2-14 institution's needs;
2-15 (5) the vendor's past relationship with the
2-16 institution;
2-17 (6) the impact on the ability of the institution to
2-18 comply with laws and rules relating to historically underutilized
2-19 businesses;
2-20 (7) the total long-term cost to the institution of
2-21 acquiring the vendor's goods or services; and
2-22 (8) any other relevant factor that a private business
2-23 entity would consider in selecting a vendor.
2-24 (c) The state auditor may audit purchases of goods or
2-25 services by the institution.
2-26 (d) The institution may adopt rules and procedures for the
2-27 acquisition of goods or services.
2-28 (e) To the extent of any conflict, this section prevails
2-29 over any other law except a law or rule relating to contracting
2-30 with historically underutilized businesses.
2-31 SECTION 4. Subchapter B, Chapter 552, Health and Safety
2-32 Code, is amended by adding Section 552.020 to read as follows:
2-33 Sec. 552.020. APPLICATION. Except as provided by Subchapter
2-34 C, Chapter 73, Education Code, this subchapter does not apply to
2-35 The University of Texas M. D. Anderson Cancer Center.
2-36 SECTION 5. (a) Except as provided by Subsection (b) of this
2-37 section, this Act takes effect immediately.
2-38 (b) Sections 1 and 4 of this Act and Section 73.112,
2-39 Education Code, as added by this Act, take effect September 1,
2-40 1995.
2-41 SECTION 6. The importance of this legislation and the
2-42 crowded condition of the calendars in both houses create an
2-43 emergency and an imperative public necessity that the
2-44 constitutional rule requiring bills to be read on three several
2-45 days in each house be suspended, and this rule is hereby suspended,
2-46 and that this Act take effect and be in force according to its
2-47 terms, and it is so enacted.
2-48 * * * * *