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. 2-27 * * * * *