By Maxey H.B. No. 2389
75R12353 SKB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of laboratory services to certain persons by
1-3 the Texas Department of Health.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 12, Health and Safety Code,
1-6 is amended by adding Section 12.020 to read as follows:
1-7 Sec. 12.020. SALE OF LABORATORY SERVICES. (a) The
1-8 department may enter into a contract for the sale and provision of
1-9 laboratory services in accordance with this section.
1-10 (b) The department may enter into a contract with:
1-11 (1) a federal, state, or local governmental entity; or
1-12 (2) a freestanding public health clinic owned or
1-13 controlled by a nonprofit organization.
1-14 (c) For purposes of Subsection (b)(1), a contract with a
1-15 federal governmental entity does not include a contract relating to
1-16 Medicare managed care services.
1-17 (d) The department by rule may establish charges for the
1-18 sale of laboratory services.
1-19 (e) The department may enter into a contract with a party in
1-20 or outside of this state.
1-21 (f) In this section, "laboratory services" means the
1-22 activities performed by the laboratory established by the
1-23 department. The term includes the provision of supplies and test
1-24 materials and the performance of scientific procedures to analyze
2-1 or assess specimens from any source, but does not include tissue
2-2 and cytology specimens, except for pap smears for recipients under
2-3 federally funded programs or genetic testing.
2-4 SECTION 2. Section 12.035, Health and Safety Code, is
2-5 amended by amending Subsection (a) and by adding Subsection (c) to
2-6 read as follows:
2-7 (a) The department shall deposit all money collected for
2-8 fees and charges collected [charged] under Sections 12.020(d) and
2-9 [Section] 12.032(a) in the state treasury to the credit of the
2-10 Texas Department of Health public health services fee fund.
2-11 (c) The public health services fee fund is exempt from
2-12 Section 403.095(b), Government Code.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.