1-1           By:  Shapiro                                     S.B. No. 203

 1-2           (In the Senate - Filed January 15, 1997; January 16, 1997,

 1-3     read first time and referred to Committee on Finance;

 1-4     February 12, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0;

 1-6     February 12, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 203                By:  Zaffirini

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the provision of health care to an inmate confined in

1-11     the institutional division of the Texas Department of Criminal

1-12     Justice.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Subchapter B, Chapter 501, Government Code,  is

1-15     amended by adding Section 501.061 to read as follows:

1-16           Sec. 501.061.  INMATE COPAYMENTS FOR CERTAIN HEALTH CARE

1-17     VISITS.  (a)  An inmate confined in an institution of the Texas

1-18     Department of Criminal Justice who initiates a visit to a health

1-19     care provider shall make a copayment to the department in the

1-20     amount of $3.  The inmate shall make the copayment out of the

1-21     inmate's trust fund.  If the balance in the fund is insufficient to

1-22     cover the copayment, 50 percent of each deposit to the fund shall

1-23     be applied toward the balance owed until the total amount owed is

1-24     paid.

1-25           (b)  A copayment shall not be charged for health care:

1-26                 (1)  provided in response to a life-threatening or

1-27     emergency situation affecting the inmate's health;

1-28                 (2)  initiated by the department;

1-29                 (3)  initiated by the health care provider or

1-30     consisting of routine follow-up care; or

1-31                 (4)  provided under a contractual obligation that is

1-32     established under the Interstate Corrections Compact or under an

1-33     agreement with another state that precludes assessing a copayment.

1-34           (c)  The department shall not deny an inmate access to health

1-35     care as a result of the inmate's failure or inability to make a

1-36     copayment.

1-37           (d)  The department shall deposit money received under this

1-38     section in an account in the general revenue fund that may be used

1-39     only to pay the cost of administering this section.  At the

1-40     beginning of each fiscal year, the comptroller shall transfer any

1-41     surplus from the preceding fiscal year to the credit of the

1-42     compensation to victims of crime fund in the state treasury created

1-43     under Subchapter B, Chapter 56, Code of Criminal Procedure.

1-44           SECTION 2.  This Act takes effect January 1, 1998.

1-45           SECTION 3.  The importance of this legislation and the

1-46     crowded condition of the calendars in both houses create an

1-47     emergency and an imperative public necessity that the

1-48     constitutional rule requiring bills to be read on three several

1-49     days in each house be suspended, and this rule is hereby suspended.

1-50                                  * * * * *