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.

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