By Nelson                                        S.B. No. 289

      75R2082 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the provision of health care to an inmate confined in

 1-3     the institutional division of the Texas Department of Criminal

 1-4     Justice.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter B, Chapter 501, Government Code,  is

 1-7     amended by adding Section 501.061 to read as follows:

 1-8           Sec. 501.061.  INMATE COPAYMENTS FOR CERTAIN HEALTH CARE

 1-9     VISITS.  (a)  An inmate confined in the institutional division who

1-10     initiates a visit to a health care provider shall make a copayment

1-11     to the department in the amount of $3.  The inmate shall make the

1-12     copayment out of the inmate's trust fund.  If the balance in the

1-13     fund is insufficient to cover the copayment, 50 percent of each

1-14     deposit to the fund shall be applied toward the balance owed until

1-15     the total amount owed is paid.

1-16           (b)  A copayment may not be charged for health care:

1-17                 (1)  provided in response to a life-threatening or

1-18     emergency situation affecting the inmate's health;

1-19                 (2)  initiated by the department;

1-20                 (3)  initiated by the health care provider or

1-21     consisting of routine follow-up care; or

1-22                 (4)  provided under a contractual obligation that is

1-23     established under the Interstate Corrections Compact or under an

1-24     agreement with another state that precludes assessing a copayment.

 2-1           (c)  The department may not deny an inmate access to health

 2-2     care as a result of the inmate's failure or inability to make a

 2-3     copayment.

 2-4           (d)  The department shall deposit money received under this

 2-5     section in an account in the general revenue fund that may be used

 2-6     only to pay the cost of administering this section.  At the

 2-7     beginning of each fiscal year, the comptroller shall transfer any

 2-8     surplus from the preceding fiscal year to the credit of the

 2-9     compensation to victims of crime fund in the state treasury created

2-10     under Subchapter B, Chapter 56, Code of Criminal Procedure.

2-11           SECTION 2.  This Act takes effect September 1, 1997.

2-12           SECTION 3.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended.