1-1 AN ACT
1-2 relating to intergovernmental contracting by and other power of
1-3 certain hospital districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 281.050, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 281.050. POWERS RELATING TO DISTRICT PROPERTY,
1-8 FACILITIES, AND EQUIPMENT. With the approval of the commissioners
1-9 court, the board may construct, condemn, acquire, lease, add to,
1-10 maintain, operate, develop, regulate, sell, exchange, and convey
1-11 any property, property right, equipment, hospital facility, or
1-12 system to maintain a hospital, building, or other facility or to
1-13 provide a service required by the district. Approval of the
1-14 commissioners court shall be required for the sale or lease of a
1-15 hospital facility regardless of the provisions of Section 285.051.
1-16 SECTION 2. Section 281.051, Health and Safety Code, is
1-17 amended to read as follows:
1-18 Sec. 281.051. CONTRACTING AUTHORITY. (a) With the approval
1-19 of the commissioners court, the board may, in performing its powers
1-20 under Section 281.050, contract or cooperate with:
1-21 (1) the federal government;
1-22 (2) this state;
1-23 (3) another governmental entity [a municipality]; or
1-24 (4) [another hospital district; or]
2-1 [(5)] a privately owned or operated hospital [located
2-2 in the district].
2-3 (b) [The commissioners court and the board must determine
2-4 that a contract under Subsection (a) is:]
2-5 [(1) expedient and advantageous to the district under
2-6 existing circumstances;]
2-7 [(2) for fair and reasonable compensation; and]
2-8 [(3) on other terms, including duration, as considered
2-9 necessary to assist the district in performing its duty to provide
2-10 medical and hospital care to needy county inhabitants.]
2-11 [(c)] With the approval of the commissioners court, the
2-12 board may contract with:
2-13 (1) a county for care and treatment of the county's
2-14 sick, diseased, or injured persons; and
2-15 (2) this state or the federal government for care and
2-16 treatment of sick, diseased, or injured persons for whom the state
2-17 or federal government is responsible.
2-18 (c) [(d)] The board shall encourage and promote
2-19 participation by all sectors of the business community, including
2-20 small businesses and businesses owned by members of a minority
2-21 group or by women, in the process by which the district enters into
2-22 contracts. The board shall develop a plan for the district to
2-23 identify and remove barriers that do not have a definite or
2-24 objective relationship to quality or competence and that unfairly
2-25 discriminate against small businesses and businesses owned by
2-26 members of a minority or by women. These barriers may include
2-27 contracting procedures and contract specifications or conditions.
3-1 SECTION 3. This Act takes effect September 1, 1997.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 794 was passed by the House on April
3, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 794 on May 6, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 794 was passed by the Senate, with
amendments, on May 1, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor