75R12353 SKB-F                           

         By Maxey                                              H.B. No. 2389

         Substitute the following for H.B. No. 2389:

         By Berlanga                                       C.S.H.B. No. 2389

                                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.