By Van de Putte, Uresti H.B. No. 1748
76R10001 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the long-range plan for the Texas Center for Infectious
1-3 Disease and the provision of tuberculosis and communicable
1-4 infectious disease health care and laboratory services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. RENOVATION OR CONSTRUCTION OF PHYSICAL FACILITIES
1-7 OF TEXAS CENTER FOR INFECTIOUS DISEASE. (a) The Texas Board of
1-8 Health shall contract for:
1-9 (1) renovation of the existing physical facilities of
1-10 the Texas Center for Infectious Disease; or
1-11 (2) construction of new physical facilities for the
1-12 Texas Center for Infectious Disease.
1-13 (b) If the Texas Board of Health contracts for the
1-14 renovation of the existing physical facilities under Subsection
1-15 (a)(1), the contract must specify that the renovations include
1-16 structural and design changes required for:
1-17 (1) reaccreditation during 1999 by the Joint
1-18 Commission on Accreditation of Health Care Organizations;
1-19 (2) compliance with Texas accessibility standards and
1-20 the federal Americans with Disabilities Act of 1990 (42 U.S.C.
1-21 Section 12101 et seq.), as amended; and
1-22 (3) the continued operation of the Texas Center for
1-23 Infectious Disease to provide all tuberculosis health care
1-24 services, communicable infectious disease health care services, as
2-1 designated by the commissioner of public health, and women's health
2-2 laboratory services that are provided at the center on the
2-3 effective date of this Act, except for those services that the
2-4 board contracts to be provided at another health care facility.
2-5 (c) If the Texas Board of Health contracts for the
2-6 construction of new physical facilities under Subsection (a)(2),
2-7 the board shall:
2-8 (1) ensure that the facilities are constructed to
2-9 allow for the provision of all tuberculosis health care services,
2-10 communicable infectious disease health care services, as designated
2-11 by the commissioner of public health, and women's health laboratory
2-12 services that are provided at the center on the effective date of
2-13 this Act, except for those services that the board contracts to be
2-14 provided at another health care facility; and
2-15 (2) contract for minimally necessary structural and
2-16 design renovations to the existing physical facilities required
2-17 for:
2-18 (A) reaccreditation during 1999 by the Joint
2-19 Commission on Accreditation of Health Care Organizations;
2-20 (B) compliance with Texas accessibility
2-21 standards and the federal Americans with Disabilities Act of 1990
2-22 (42 U.S.C. Section 12101 et seq.), as amended; and
2-23 (C) the continued operation of the existing
2-24 facilities until construction of new facilities is completed.
2-25 SECTION 2. TUBERCULOSIS AND COMMUNICABLE INFECTIOUS DISEASE
2-26 HEALTH CARE SERVICES. The Texas Board of Health may contract with
2-27 the board of regents of The University of Texas System or any other
3-1 public or private health care entity or provider to provide
3-2 physicians or other health care professionals who will provide
3-3 tuberculosis health care services and communicable infectious
3-4 disease health care services, as designated by the commissioner of
3-5 public health, at the Texas Center for Infectious Disease or at
3-6 another health care facility in proximity to the center.
3-7 SECTION 3. MYCOBACTERIAL-MYCOLOGY RESEARCH LABORATORY. (a)
3-8 The board of regents of The University of Texas System shall
3-9 construct physical facilities for a mycobacterial-mycology research
3-10 laboratory located at The University of Texas Health Science Center
3-11 at San Antonio to replace the laboratory located at the Texas
3-12 Center for Infectious Disease using funds appropriated to The
3-13 University of Texas System for that purpose.
3-14 (b) The physical facilities constructed under Subsection (a)
3-15 must be adequate for the provision of all mycobacterial-mycology
3-16 laboratory services provided on the effective date of this Act by
3-17 the mycobacterial-mycology research laboratory located at the Texas
3-18 Center for Infectious Disease.
3-19 (c) The board of regents of The University of Texas System
3-20 shall manage and operate the mycobacterial-mycology research
3-21 laboratory at The University of Texas Health Science Center at San
3-22 Antonio.
3-23 (d) The Texas Board of Health and the board of regents of
3-24 The University of Texas System shall adopt a joint memorandum of
3-25 understanding to facilitate and coordinate the transfer of the
3-26 mycobacterial-mycology research laboratory services from the Texas
3-27 Center for Infectious Disease to The University of Texas Health
4-1 Science Center at San Antonio. The memorandum shall coordinate the
4-2 transfer of mycobacterial-mycology research laboratory employees
4-3 from the Texas Department of Health to The University of Texas
4-4 System.
4-5 (e) The Texas Board of Health and the board of regents of
4-6 The University of Texas System shall adopt the memorandum of
4-7 understanding.
4-8 (f) On a date provided by the memorandum of understanding
4-9 between the Texas Board of Health and the board of regents of The
4-10 University of Texas System:
4-11 (1) the mycobacterial-mycology research laboratory at
4-12 the Texas Center for Infectious Disease shall close;
4-13 (2) all powers, duties, functions, programs, and
4-14 activities of the Texas Department of Health that relate to the
4-15 management or operation of the mycobacterial-mycology research
4-16 laboratory at the Texas Center for Infectious Disease are
4-17 transferred to The University of Texas System and the
4-18 mycobacterial-mycology research laboratory at The University of
4-19 Texas Health Science Center at San Antonio, as appropriate;
4-20 (3) all rights, contracts, records, and property in
4-21 the custody of the Texas Department of Health that relate to the
4-22 management or operation of the mycobacterial-mycology research
4-23 laboratory at the Texas Center for Infectious Disease and all funds
4-24 appropriated by the legislature to the Texas Department of Health
4-25 that relate to the management or operation of the
4-26 mycobacterial-mycology research laboratory are transferred to The
4-27 University of Texas System; and
5-1 (4) a reference in law to the Texas Department of
5-2 Health or the Texas Board of Health that relates to the management
5-3 or operation of the mycobacterial-mycology research laboratory
5-4 means The University of Texas System or The University of Texas
5-5 Health Science Center at San Antonio, as appropriate.
5-6 (g) Before a transfer occurs, the board of regents of The
5-7 University of Texas System shall adopt rules and regulations
5-8 necessary for the operation, control, and management of the
5-9 mycobacterial-mycology research laboratory at The University of
5-10 Texas Health Science Center at San Antonio that will take effect
5-11 when the transfer occurs.
5-12 SECTION 4. STATEWIDE COORDINATION OF MEDICAL MANAGEMENT OF
5-13 TUBERCULOSIS. The Texas Board of Health shall contract with the
5-14 board of regents of The University of Texas System for the
5-15 coordination of medical management of tuberculosis throughout this
5-16 state by The University of Texas Health Science Center at Tyler.
5-17 The contract may require that the statewide coordination of medical
5-18 management of tuberculosis include:
5-19 (1) providing a full-time medical director to direct
5-20 the provision of tuberculosis health care services;
5-21 (2) managing a state tuberculosis education center;
5-22 and
5-23 (3) for all health care facilities operated by the
5-24 Texas Department of Health that provide tuberculosis health care
5-25 services:
5-26 (A) credentialling of medical directors of
5-27 tuberculosis programs;
6-1 (B) providing tuberculosis education, medical
6-2 consultations, including telemedical consultations, and oversight
6-3 of and protocols for inpatient tuberculosis management; and
6-4 (C) determining appropriate placement of
6-5 tuberculosis patients.
6-6 SECTION 5. AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE
6-7 DISEASE PATIENTS. (a) The Texas Department of Health, in
6-8 cooperation with the office of the governor, shall collaborate with
6-9 the United States Immigration and Naturalization Service to develop
6-10 a formal agreement regarding transportation of communicable disease
6-11 patients through Immigration and Naturalization Service checkpoints
6-12 to the Texas Center for Infectious Disease.
6-13 (b) The Texas Department of Health shall report the status
6-14 of negotiations and a summary of the department's activities
6-15 relating to the agreement required by this section to the 77th
6-16 Texas Legislature.
6-17 SECTION 6. DISPLACED EMPLOYEES OF TEXAS CENTER FOR
6-18 INFECTIOUS DISEASE. (a) To the extent possible out of available
6-19 funds appropriated to the Texas Department of Health, the
6-20 department shall reassign a member of the employee class of the
6-21 department who is employed at the Texas Center for Infectious
6-22 Disease to an open position within the department for which the
6-23 member is qualified if the member's employment position is
6-24 displaced as a result of:
6-25 (1) a contract entered into by the Texas Department of
6-26 Health under this Act; or
6-27 (2) the transfer of the mycobacterial-mycology
7-1 research laboratory from the Texas Center for Infectious Disease to
7-2 The University of Texas Health Science Center at San Antonio.
7-3 (b) A contract entered into by the Texas Department of
7-4 Health with the board of regents of The University of Texas System
7-5 or any other health care entity or provider under this Act must
7-6 include a requirement that, to the maximum extent possible as
7-7 determined by the contracting party, the contracting party offer an
7-8 employee of the Texas Center for Infectious Disease whose position
7-9 is displaced as a result of the contract a similar employment
7-10 position with the contracting party.
7-11 SECTION 7. FUTURE USE OF EXISTING FACILITIES. If the Texas
7-12 Board of Health contracts for the construction of new physical
7-13 facilities for the Texas Center for Infectious Disease under
7-14 Section 1 of this Act, the board and the General Services
7-15 Commission shall collaborate to prepare leasing and other options
7-16 for potential future uses of the existing physical facilities on
7-17 completion of construction of the new physical facilities.
7-18 SECTION 8. SCHEDULE. (a) Not later than September 1, 2000,
7-19 the Texas Board of Health shall enter into the contracts required
7-20 by this Act.
7-21 (b) Not later than September 1, 2000, The University of
7-22 Texas System shall enter into a contract for the construction of
7-23 physical facilities for a research laboratory required by Section 3
7-24 of this Act.
7-25 (c) Not later than September 1, 2000, the Texas Board of
7-26 Health and the board of regents of The University of Texas System
7-27 shall adopt the joint memorandum of understanding required by
8-1 Section 3 of this Act.
8-2 SECTION 9. AMENDMENT. Subchapter B, Chapter 814, Government
8-3 Code, is amended by adding Section 814.1042 to read as follows:
8-4 Sec. 814.1042. TEMPORARY SERVICE RETIREMENT OPTION FOR
8-5 MEMBERS AFFECTED BY CONTRACTS ENTERED INTO BY TEXAS DEPARTMENT OF
8-6 HEALTH. (a) This section applies only to members of the employee
8-7 class whose positions with the Texas Department of Health at the
8-8 Texas Center for Infectious Disease are eliminated and who separate
8-9 from state service as a result of:
8-10 (1) a contract with the board of regents of The
8-11 University of Texas System or any other health care entity or
8-12 provider entered into on or after the effective date of this
8-13 section and on or before September 1, 2000; or
8-14 (2) the transfer of the mycobacterial-mycology
8-15 research laboratory to The University of Texas Health Science
8-16 Center at San Antonio.
8-17 (b) A member described by Subsection (a) is eligible to
8-18 retire and receive a service retirement annuity if the member's age
8-19 and service credit, each increased by three years, would meet age
8-20 and service requirements for service retirement under Section
8-21 814.104(a) at the time the member separates from state service as
8-22 described by Subsection (a). The annuity of a person who retires
8-23 under this subsection is computed on the person's accrued service
8-24 credit increased by three years.
8-25 (c) A member described by Subsection (a) becomes eligible
8-26 to retire and receive a service retirement annuity on the date on
8-27 which the member would have met the age and service requirements
9-1 for service retirement under Section 814.104(a) had the member
9-2 remained employed by the state if, on the date of separation from
9-3 state service, the member's age and service credit, each increased
9-4 by five years, would meet age and service requirements for service
9-5 retirement under Section 814.104(a). The annuity of a person who
9-6 retires under this subsection is computed on the person's accrued
9-7 service credit.
9-8 (d) If a member described by Subsection (c) is reemployed by
9-9 the state before retirement, the time between the member's
9-10 separation from state service and reemployment may be used only to
9-11 compute eligibility for service retirement and may not be used to
9-12 compute the amount of any service retirement annuity.
9-13 (e) A member who applies to retire under this section and
9-14 the Texas Department of Health shall provide documentation required
9-15 by the retirement system to establish eligibility to retire under
9-16 this section.
9-17 (f) This section applies only to positions eliminated on or
9-18 after the effective date of this section.
9-19 SECTION 10. EMERGENCY. The importance of this legislation
9-20 and the crowded condition of the calendars in both houses create an
9-21 emergency and an imperative public necessity that the
9-22 constitutional rule requiring bills to be read on three several
9-23 days in each house be suspended, and this rule is hereby suspended,
9-24 and that this Act take effect and be in force from and after its
9-25 passage, and it is so enacted.