1-1     By:  Rodriguez (Senate Sponsor - Madla)                H.B. No. 794

 1-2           (In the Senate - Received from the House April 4, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; April 22, 1997, reported favorably, as

 1-5     amended, by the following vote:  Yeas 11, Nays 0; April 22, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief

 1-8     Amend H.B. 794 by inserting the following new sections

 1-9     appropriately numbered, to read as follows:

1-10           SECTION _____.  Section 281.050, Health and Safety Code, is

1-11     amended to read as follows:

1-12           281.050.  POWERS RELATING TO DISTRICT PROPERTY, FACILITIES,

1-13     AND EQUIPMENT.  With the approval of the commissioners court, the

1-14     board may construct, condemn, acquire, lease, add to, maintain,

1-15     operate, develop, regulate, sell, exchange, and convey any

1-16     property, property right, equipment, hospital facility, or system

1-17     to maintain a hospital, building, or other facility or to provide a

1-18     service required by the district.  Approval of the commissioners

1-19     court shall be required for the sale or lease of a hospital

1-20     facility regardless of the provisions of section 285.051.

1-21                            A BILL TO BE ENTITLED

1-22                                   AN ACT

1-23     relating to intergovernmental contracting by certain hospital

1-24     districts.

1-25           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-26           SECTION 1.  Section 281.051, Health and Safety Code, is

1-27     amended to read as follows:

1-28           Sec. 281.051.  CONTRACTING AUTHORITY.  (a)  With the approval

1-29     of the commissioners court, the board may, in performing its powers

1-30     under Section 281.050, contract or cooperate with:

1-31                 (1)  the federal government;

1-32                 (2)  this state;

1-33                 (3)  another governmental entity [a municipality]; or

1-34                 (4)  [another hospital district; or]

1-35                 [(5)]  a privately owned or operated hospital [located

1-36     in the district].

1-37           (b)  [The commissioners court and the board must determine

1-38     that a contract under Subsection (a) is:]

1-39                 [(1)  expedient and advantageous to the district under

1-40     existing circumstances;]

1-41                 [(2)  for fair and reasonable compensation; and]

1-42                 [(3)  on other terms, including duration, as considered

1-43     necessary to assist the district in performing its duty to provide

1-44     medical and hospital care to needy county inhabitants.]

1-45           [(c)]  With the approval of the commissioners court, the

1-46     board may contract with:

1-47                 (1)  a county for care and treatment of the county's

1-48     sick, diseased, or injured persons; and

1-49                 (2)  this state or the federal government for care and

1-50     treatment of sick, diseased, or injured persons for whom the state

1-51     or federal government is responsible.

1-52           (c) [(d)]  The board shall encourage and promote

1-53     participation by all sectors of the business community, including

1-54     small businesses and businesses owned by members of a minority

1-55     group or by women, in the process by which the district enters into

1-56     contracts.  The board shall develop a plan for the district to

1-57     identify and remove barriers that do not have a definite or

1-58     objective relationship to quality or competence and that unfairly

1-59     discriminate against small businesses and businesses owned by

1-60     members of a minority or by women.  These barriers may include

1-61     contracting procedures and contract specifications or conditions.

1-62           SECTION 2.  This Act takes effect September 1, 1997.

1-63           SECTION 3.  The importance of this legislation and the

1-64     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

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

 2-3     days in each house be suspended, and this rule is hereby suspended.

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