BG C.S.H.B. 3587 75(R)    BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 3587
By: Hirschi
4-30-97
Committee Report (Substituted)


BACKGROUND 

The Wichita General Hospital is seeking measures to lease the Bethania
Regional Health Care Center.  This lease agreement has broad community
support. Texas anti-trust laws provide for certain exemptions to
county-city boards in order to lease hospital facilities.  Precedent has
been set in the Texas Legislature for state action immunity by the passage
of laws allowing for other county-city board hospital lease arrangements.  

PURPOSE

CSHB 3587 allows for the acquisition or lease of hospital facilities by
certain countymunicipality hospital boards. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 265.037, Health and Safety Code, by adding
Subsection (d) to allow a board which exists in a county with a population
of more than 100,000 and a municipality with a population of more than
75,000 to purchase, construct, receive, lease, or otherwise acquire
hospital facilities, including the sublease of one or more hospital
facilities, regardless of whether the action might be considered
anti-competitive under the antitrust laws of the United States or this
state. 

SECTION 2.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute bill revises the title of HB 3587 to make it more general
and succinct. CSHB 3587 changes SECTION 1 by removing language that
specified the board to be "a county-municipality hospital board" and by
replacing "health care facilities" with the term "hospital facilities."
The   
substitute bill also omits the clause regarding the Act becoming effective
upon passage.