1-1 By: Maxey (Senate Sponsor - Zaffirini) H.B. No. 2389
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 14, 1997, reported favorably by the
1-5 following vote: Yeas 10, Nays 0; May 14, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the sale of laboratory services to certain persons by
1-9 the Texas Department of Health.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter B, Chapter 12, Health and Safety Code,
1-12 is amended by adding Section 12.020 to read as follows:
1-13 Sec. 12.020. SALE OF LABORATORY SERVICES. (a) The
1-14 department may enter into a contract for the sale and provision of
1-15 laboratory services in accordance with this section.
1-16 (b) The department may enter into a contract with:
1-17 (1) a federal, state, or local governmental entity; or
1-18 (2) a freestanding public health clinic owned or
1-19 controlled by a nonprofit organization.
1-20 (c) For purposes of Subsection (b)(1), a contract with a
1-21 federal governmental entity does not include a contract relating to
1-22 Medicare managed care services.
1-23 (d) The department by rule may establish charges for the
1-24 sale of laboratory services.
1-25 (e) The department may enter into a contract with a party in
1-26 or outside of this state.
1-27 (f) In this section, "laboratory services" means the
1-28 activities performed by the laboratory established by the
1-29 department. The term includes the provision of supplies and test
1-30 materials and the performance of scientific procedures to analyze
1-31 or assess specimens from any source, but does not include tissue
1-32 and cytology specimens, except for pap smears for recipients under
1-33 federally funded programs or genetic testing.
1-34 SECTION 2. Section 12.035, Health and Safety Code, is
1-35 amended by amending Subsection (a) and by adding Subsection (c) to
1-36 read as follows:
1-37 (a) The department shall deposit all money collected for
1-38 fees and charges collected [charged] under Sections 12.020(d) and
1-39 [Section] 12.032(a) in the state treasury to the credit of the
1-40 Texas Department of Health public health services fee fund.
1-41 (c) The public health services fee fund is exempt from
1-42 Section 403.095(b), Government Code.
1-43 SECTION 3. The importance of this legislation and the
1-44 crowded condition of the calendars in both houses create an
1-45 emergency and an imperative public necessity that the
1-46 constitutional rule requiring bills to be read on three several
1-47 days in each house be suspended, and this rule is hereby suspended,
1-48 and that this Act take effect and be in force from and after its
1-49 passage, and it is so enacted.
1-50 * * * * *