By Harris                                        S.B. No. 793

      75R3399 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the purchase of substitute care services.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  (a)  A representative from each state agency that

 1-5     purchases substitute care services for children under the state's

 1-6     care shall meet to:

 1-7                 (1)  assess the total need for substitute care services

 1-8     in this state; and

 1-9                 (2)  develop and implement a competitive bidding

1-10     process to purchase substitute care services.

1-11           (b)  Except as provided by Subsection (c) of this section,

1-12     each state agency must use the competitive bidding process created

1-13     under Subsection (a) of this section to purchase substitute care

1-14     services.

1-15           (c)  A state agency may not use the competitive bidding

1-16     process to purchase:

1-17                 (1)  foster family care services;

1-18                 (2)  substitute care services in a geographic area of

1-19     this state that has a shortage of service providers; or

1-20                 (3)  specialized substitute care services if there is a

1-21     shortage of providers of the specialized services.

1-22           SECTION 2.  The state agency representatives shall meet and

1-23     develop the competitive bidding process for purchasing substitute

1-24     services as soon as possible after the effective date of this Act.

 2-1           SECTION 3.  The Department of Protective and Regulatory

 2-2     Services shall implement a competitive bidding process not later

 2-3     than September 1, 1997, using the department's existing outcome

 2-4     measures.  Other state agencies shall implement a competitive

 2-5     bidding process not later than September 1, 1998.

 2-6           SECTION 4.  This Act expires September 1, 1999.

 2-7           SECTION 5.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended,

2-12     and that this Act take effect and be in force from and after its

2-13     passage, and it is so enacted.