By Maxey, Van de Putte                                 H.B. No. 607

         75R10990 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of a durable medical equipment and

 1-3     assistive technology listing.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Title 7, Human Resources Code, is amended by

 1-6     adding Chapter 116 to read as follows:

 1-7      CHAPTER 116.  DURABLE MEDICAL EQUIPMENT AND ASSISTIVE TECHNOLOGY

 1-8                                   LISTING

 1-9           Sec. 116.001.  DEFINITION.  In this chapter, "commission"

1-10     means the Texas Rehabilitation Commission.

1-11           Sec. 116.002.  DURABLE MEDICAL EQUIPMENT AND ASSISTIVE

1-12     TECHNOLOGY LISTING.  (a)  The commission shall establish a listing

1-13     to facilitate the reuse of durable medical equipment and assistive

1-14     technology.

1-15           (b)  The commission shall maintain a toll-free telephone

1-16     number to list items of durable medical equipment and assistive

1-17     technology that are available for donation.  The commission shall

1-18     refer individuals with items of durable medical equipment and

1-19     assistive technology that are available for donation to an

1-20     organization licensed under Chapter 432, Health and Safety Code, to

1-21     distribute salvaged merchandise.

1-22           (c)  The commission shall design a sticker that contains an

1-23     informative statement about the durable medical equipment and

1-24     assistive technology listing and the toll-free telephone number for

 2-1     the listing and that may be affixed to durable medical equipment or

 2-2     assistive technology.

 2-3           (d)  The commission shall provide the stickers described by

 2-4     Subsection (c) to each retailer of durable medical equipment or

 2-5     assistive technology in the state.

 2-6           (e)  Before an item of durable medical equipment or assistive

 2-7     technology is sold to a consumer other than a hospital or other

 2-8     health care provider, the retailer shall affix the sticker

 2-9     described by Subsection (c) to the item.

2-10           (f)  Chapter 2175, Government Code, does not apply to any

2-11     equipment listed in the durable medical equipment and assistive

2-12     technology listing under this chapter.

2-13           Sec. 116.003.  LOCAL ORGANIZATION.  (a)  The commission shall

2-14     encourage the establishment of local organizations to facilitate

2-15     the reuse of durable medical equipment and assistive technology.

2-16           (b)  The commission shall provide information to local

2-17     organizations about the license required under Chapter 432, Health

2-18     and Safety Code, to distribute salvaged merchandise.

2-19           Sec. 116.004.  AUTHORITY TO CONTRACT.  The commission may

2-20     contract with local organizations and other state agencies to

2-21     facilitate the reuse of durable medical equipment and assistive

2-22     technology.

2-23           Sec. 116.005.  DURABLE MEDICAL EQUIPMENT AND ASSISTIVE

2-24     TECHNOLOGY OWNED BY THE STATE.  The commission shall ensure that

2-25     any durable medical equipment or assistive technology owned by the

2-26     state listed with the durable medical equipment and assistive

2-27     technology listing that is donated be donated to a nonprofit

 3-1     organization licensed under Chapter 432, Health and Safety Code,

 3-2     for distribution to indigent individuals.

 3-3           Sec. 116.006.  RULES.  The commission may adopt rules to

 3-4     administer this chapter.

 3-5           SECTION 2.  The importance of this legislation and the

 3-6     crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended,

3-10     and that this Act take effect and be in force from and after its

3-11     passage, and it is so enacted.