HBA-DMD H.B. 2848 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2848
By: Solis, Jim
State Affairs
4/9/1999
Introduced



BACKGROUND AND PURPOSE 

Not-for-profit ambulatory health care centers are deemed eligible entities
for the Telecommunications Infrastructure Fund under the expanded
definition of a not-for-profit health care facility. The law does not
reflect current telemedicine practices for not-for-profit community health
centers. Community health centers are penalized because the networking of
telemedicine for community health centers is provided by the state
association, which is a not-for-profit entity.  

H.B. 2848 includes the definition of "ambulatory health care center" and
modifies the definitions for "public not-for-profit health care facility"
and "telemedicine" in Subchapter C (Telecommunications Infrastructure
Fund), Chapter 57 (Distance Learning and Other Advanced Services),
Utilities Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 57.042, Utilities Code, to include in the
existing list of definitions in this subchapter (Telecommunications
Infrastructure Fund), the definition of "ambulatory health care center" to
mean a health care clinic or an association of such a clinic that is: 

(1)(A)  exempt from federal income taxation under Section 501(a), Internal
Revenue Code of 1986, as amended, as an organization described by Section
501(c)(3), as amended; and 
(B)  funded wholly or partly by a grant under 42 U.S.C. Section 254b, 254c,
or 256, as amended.  

Modifies the existing definitions of "public not-for-profit health care
facility" and "telemedicine." 

SECTION 2. (a) Provides that in accordance with Section 311.031(a),
Government Code, which gives effect to a substantive amendment enacted by
the same legislature that codifies the amended statute, the text of Section
57.042, Utilities Code, as set out in this Act, gives effect to changes
made by Chapter 145, Acts of the 75th Legislature, Regular Session, 1997.  

(b) Provides that to the extent of any conflict, this Act controls over
another Act of the 76th Legislature, Regular Session, 1999, relating to
nonsubstantive additions and corrections in enacted codes.  

SECTION 3.Emergency clause.
  Effective date: upon passage.