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.
2-4 * * * * *