1-1     By:  Maxey, Van de Putte (Senate Sponsor - Madla)      H.B. No. 607

 1-2           (In the Senate - Received from the House May 8, 1997;

 1-3     May 9, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 17, 1997, reported favorably, as amended,

 1-5     by the following vote:  Yeas 10, Nays 0; May 17, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                                By:  Madla

 1-8           Amend H.B. No. 607 in Section 116.002, Human Resources Code,

 1-9     as added by SECTION 1 of the bill, by inserting after Subsection

1-10     (f) (page 2, between lines 3 and 4, engrossed version) the

1-11     following:

1-12           (g)  Subsection (e) does not apply to orthotic or prosthetic

1-13     devices.  A retailer of orthotic or prosthetic devices shall

1-14     prominently display in the retailer's place of business the

1-15     information to be included on the sticker described by Subsection

1-16     (c).

1-17     COMMITTEE AMENDMENT NO. 2                                By:  Madla

1-18           Amend H.B. No. 607 as follows:

1-19           (1)  After Section 116.005, Human Resources Code, as added by

1-20     SECTION 1 of the bill (page 2, between lines 20 and 21, engrossed

1-21     version), insert the following:

1-22           Sec. 116.006.  LISTING AVAILABILITY ON THE INTERNET.  The

1-23     commission shall make the durable medical equipment and assistive

1-24     technology listing available to the public through the Internet.

1-25           (2)  Renumber Section 116.006, Human Resources Code, as added

1-26     by SECTION 1 of the bill (page 2, line 21, engrossed version), as

1-27     Section 116.007.

1-28                            A BILL TO BE ENTITLED

1-29                                   AN ACT

1-30     relating to the creation of a durable medical equipment and

1-31     assistive technology listing.

1-32           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-33           SECTION 1.  Title 7, Human Resources Code, is amended by

1-34     adding Chapter 116 to read as follows:

1-35      CHAPTER 116.  DURABLE MEDICAL EQUIPMENT AND ASSISTIVE TECHNOLOGY

1-36                                   LISTING

1-37           Sec. 116.001.  DEFINITION.  In this chapter, "commission"

1-38     means the Texas Rehabilitation Commission.

1-39           Sec. 116.002.  DURABLE MEDICAL EQUIPMENT AND ASSISTIVE

1-40     TECHNOLOGY LISTING.  (a)  The commission shall establish a listing

1-41     to facilitate the reuse of durable medical equipment and assistive

1-42     technology.

1-43           (b)  The commission shall maintain a toll-free telephone

1-44     number to list items of durable medical equipment and assistive

1-45     technology that are available for donation.  The commission shall

1-46     refer individuals with items of durable medical equipment and

1-47     assistive technology that are available for donation to an

1-48     organization licensed under Chapter 432, Health and Safety Code, to

1-49     distribute salvaged merchandise.

1-50           (c)  The commission shall design a sticker that contains an

1-51     informative statement about the durable medical equipment and

1-52     assistive technology listing and the toll-free telephone number for

1-53     the listing and that may be affixed to durable medical equipment or

1-54     assistive technology.

1-55           (d)  The commission shall provide the stickers described by

1-56     Subsection (c) to each retailer of durable medical equipment or

1-57     assistive technology in the state.

1-58           (e)  Before an item of durable medical equipment or assistive

1-59     technology is sold to a consumer other than a hospital or other

1-60     health care provider, the retailer shall affix the sticker

1-61     described by Subsection (c) to the item.

1-62           (f)  Chapter 2175, Government Code, does not apply to any

1-63     equipment listed in the durable medical equipment and assistive

1-64     technology listing under this chapter.

 2-1           Sec. 116.003.  LOCAL ORGANIZATION.  (a)  The commission shall

 2-2     encourage the establishment of local organizations to facilitate

 2-3     the reuse of durable medical equipment and assistive technology.

 2-4           (b)  The commission shall provide information to local

 2-5     organizations about the license required under Chapter 432, Health

 2-6     and Safety Code, to distribute salvaged merchandise.

 2-7           Sec. 116.004.  AUTHORITY TO CONTRACT.  The commission may

 2-8     contract with local organizations and other state agencies to

 2-9     facilitate the reuse of durable medical equipment and assistive

2-10     technology.

2-11           Sec. 116.005.  DURABLE MEDICAL EQUIPMENT AND ASSISTIVE

2-12     TECHNOLOGY OWNED BY THE STATE.  The commission shall ensure that

2-13     any durable medical equipment or assistive technology owned by the

2-14     state listed with the durable medical equipment and assistive

2-15     technology listing that is donated be donated to a nonprofit

2-16     organization licensed under Chapter 432, Health and Safety Code,

2-17     for distribution to indigent individuals.

2-18           Sec. 116.006.  RULES.  The commission may adopt rules to

2-19     administer this chapter.

2-20           SECTION 2.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended,

2-25     and that this Act take effect and be in force from and after its

2-26     passage, and it is so enacted.

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