75R8244 SAW-D
By Rodriguez H.B. No. 794
Substitute the following for H.B. No. 794:
By Gutierrez C.S.H.B. No. 794
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to intergovernmental contracting by certain hospital
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 281.051, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 281.051. CONTRACTING AUTHORITY. (a) With the approval
1-8 of the commissioners court, the board may, in performing its powers
1-9 under Section 281.050, contract or cooperate with:
1-10 (1) the federal government;
1-11 (2) this state;
1-12 (3) another governmental entity [a municipality]; or
1-13 (4) [another hospital district; or]
1-14 [(5)] a privately owned or operated hospital [located
1-15 in the district].
1-16 (b) [The commissioners court and the board must determine
1-17 that a contract under Subsection (a) is:]
1-18 [(1) expedient and advantageous to the district under
1-19 existing circumstances;]
1-20 [(2) for fair and reasonable compensation; and]
1-21 [(3) on other terms, including duration, as considered
1-22 necessary to assist the district in performing its duty to provide
1-23 medical and hospital care to needy county inhabitants.]
1-24 [(c)] With the approval of the commissioners court, the
2-1 board may contract with:
2-2 (1) a county for care and treatment of the county's
2-3 sick, diseased, or injured persons; and
2-4 (2) this state or the federal government for care and
2-5 treatment of sick, diseased, or injured persons for whom the state
2-6 or federal government is responsible.
2-7 (c) [(d)] The board shall encourage and promote
2-8 participation by all sectors of the business community, including
2-9 small businesses and businesses owned by members of a minority
2-10 group or by women, in the process by which the district enters into
2-11 contracts. The board shall develop a plan for the district to
2-12 identify and remove barriers that do not have a definite or
2-13 objective relationship to quality or competence and that unfairly
2-14 discriminate against small businesses and businesses owned by
2-15 members of a minority or by women. These barriers may include
2-16 contracting procedures and contract specifications or conditions.
2-17 SECTION 2. This Act takes effect September 1, 1997.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.