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 Texas Board of Health shall contract for:
 3-9                 (1)  renovation of the existing physical facilities of
3-10     the mycobacterial-mycology research laboratory located at the Texas
3-11     Center for Infectious Disease;
3-12                 (2)  construction of new physical facilities for the
3-13     mycobacterial-mycology research laboratory located at the Texas
3-14     Center for Infectious Disease; or
3-15                 (3)  construction of physical facilities by The
3-16     University of Texas System, if the board of regents of The
3-17     University of Texas System agrees to the terms of the contract, for
3-18     a mycobacterial-mycology research laboratory located at The
3-19     University of Texas Health Science Center at San Antonio to replace
3-20     the laboratory located at the Texas Center for Infectious Disease.
3-21           (b)  The physical facilities constructed under Subsection (a)
3-22     must be adequate for the provision of all mycobacterial-mycology
3-23     laboratory services provided on the effective date of this Act by
3-24     the mycobacterial-mycology research laboratory located at the Texas
3-25     Center for Infectious Disease.
3-26           (c)  If the Texas Board of Health contracts with the board of
3-27     regents of The University of Texas System for the construction of
 4-1     physical facilities under Subsection (a)(3), the board of regents
 4-2     of The University of Texas System shall manage and operate the
 4-3     mycobacterial-mycology research laboratory at The University of
 4-4     Texas Health Science Center at San Antonio.
 4-5           (d)  If the Texas Board of Health contracts with the board of
 4-6     regents of The University of Texas System for the construction of
 4-7     physical facilities under Subsection (a)(3), the Texas Board of
 4-8     Health and the board of regents of The University of Texas System
 4-9     shall adopt a joint memorandum of understanding to facilitate and
4-10     coordinate the transfer of the mycobacterial-mycology research
4-11     laboratory services from the Texas Center for Infectious Disease to
4-12     The University of Texas Health Science Center at San Antonio.  The
4-13     memorandum shall coordinate the transfer of mycobacterial-mycology
4-14     research laboratory employees from the Texas Department of Health
4-15     to The University of Texas System.
4-16           (e)  On a date provided by a memorandum of understanding
4-17     under Subsection (d) between the Texas Board of Health and the
4-18     board of regents of The University of Texas System:
4-19                 (1)  the mycobacterial-mycology research laboratory at
4-20     the Texas Center for Infectious Disease shall close;
4-21                 (2)  all powers, duties, functions, programs, and
4-22     activities of the Texas Department of Health that relate to the
4-23     management or operation of the mycobacterial-mycology research
4-24     laboratory at the Texas Center for Infectious Disease are
4-25     transferred to The University of Texas System and the
4-26     mycobacterial-mycology research laboratory at The University of
4-27     Texas Health Science Center at San Antonio, as appropriate;
 5-1                 (3)  all rights, contracts, records, and property in
 5-2     the custody of the Texas Department of Health that relate to the
 5-3     management or operation of the mycobacterial-mycology research
 5-4     laboratory at the Texas Center for Infectious Disease and all funds
 5-5     appropriated by the legislature to the Texas Department of Health
 5-6     that relate to the management or operation of the
 5-7     mycobacterial-mycology research laboratory are transferred to The
 5-8     University of Texas System; and
 5-9                 (4)  a reference in law to the Texas Department of
5-10     Health or the Texas Board of Health that relates to the management
5-11     or operation of the mycobacterial-mycology research laboratory
5-12     means The University of Texas System or The University of Texas
5-13     Health Science Center at San Antonio, as appropriate.
5-14           (f)  Before a transfer of the mycobacterial-mycology research
5-15     laboratory services under a memorandum of understanding under
5-16     Subsection (d) occurs, the board of regents of The University of
5-17     Texas System shall adopt rules and regulations necessary for the
5-18     operation, control, and management of the mycobacterial-mycology
5-19     research laboratory at The University of Texas Health Science
5-20     Center at San Antonio that will take effect when the transfer
5-21     occurs.
5-22           SECTION 4.  STATEWIDE COORDINATION OF MEDICAL MANAGEMENT OF
5-23     TUBERCULOSIS.  The Texas Board of Health shall contract with the
5-24     board of regents of The University of Texas System for the
5-25     coordination of medical management of tuberculosis throughout this
5-26     state by The University of Texas Health Science Center at Tyler.
5-27     The contract may require that the statewide coordination of medical
 6-1     management of tuberculosis include:
 6-2                 (1)  providing a full-time medical director to direct
 6-3     the provision of tuberculosis health care services;
 6-4                 (2)  managing a state tuberculosis education center;
 6-5     and
 6-6                 (3)  for all health care facilities operated by the
 6-7     Texas Department of Health that provide tuberculosis health care
 6-8     services:
 6-9                       (A)  credentialling of medical directors of
6-10     tuberculosis programs;
6-11                       (B)  providing tuberculosis education, medical
6-12     consultations, including telemedical consultations, and oversight
6-13     of and protocols for inpatient tuberculosis management; and
6-14                       (C)  determining appropriate placement of
6-15     tuberculosis patients.
6-16           SECTION 5.  AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE
6-17     DISEASE PATIENTS.  (a)  The Texas Department of Health, in
6-18     cooperation with the office of the governor, shall collaborate with
6-19     the United States Immigration and Naturalization Service to develop
6-20     a formal agreement regarding transportation of communicable disease
6-21     patients through Immigration and Naturalization Service checkpoints
6-22     to the Texas Center for Infectious Disease.
6-23           (b)  The Texas Department of Health shall report the status
6-24     of negotiations and a summary of the department's activities
6-25     relating to the agreement required by this section to the 77th
6-26     Texas Legislature.
6-27           SECTION 6.  DISPLACED EMPLOYEES OF TEXAS CENTER FOR
 7-1     INFECTIOUS DISEASE.  (a)  To the extent possible out of available
 7-2     funds appropriated to the Texas Department of Health, the
 7-3     department shall reassign a member of the employee class of the
 7-4     department who is employed at the Texas Center for Infectious
 7-5     Disease to an open position within the department for which the
 7-6     member is qualified if the member's employment position is
 7-7     displaced as a result of:
 7-8                 (1)  a contract entered into by the Texas Department of
 7-9     Health under this Act; or
7-10                 (2)  a transfer of the mycobacterial-mycology research
7-11     laboratory from the Texas Center for Infectious Disease to The
7-12     University of Texas Health Science Center at San Antonio, if the
7-13     Texas Board of Health contracts with the board of regents of The
7-14     University of Texas System for the construction of physical
7-15     facilities for the laboratory.
7-16           (b)  A contract entered into by the Texas Department of
7-17     Health with the board of regents of The University of Texas System
7-18     or any other health care entity or provider under this Act must
7-19     include a requirement that, to the maximum extent possible as
7-20     determined by the contracting party, the contracting party offer an
7-21     employee of the Texas Center for Infectious Disease whose position
7-22     is displaced as a result of the contract a similar employment
7-23     position with the contracting party.
7-24           SECTION 7.  FUTURE USE OF EXISTING FACILITIES.  If the Texas
7-25     Board of Health contracts for the construction of new physical
7-26     facilities for the Texas Center for Infectious Disease under
7-27     Section 1 of this Act, the board, the Texas Department of Mental
 8-1     Health and Mental Retardation, and the General Services Commission
 8-2     shall collaborate to prepare leasing and other options for
 8-3     potential future uses of the existing physical facilities on
 8-4     completion of construction of the new physical facilities.
 8-5           SECTION 8.  SCHEDULE.  (a)  Not later than September 1, 2000,
 8-6     the Texas Board of Health shall enter into the contracts required
 8-7     by this Act.
 8-8           (b)  Not later than September 1, 2000, the Texas Board of
 8-9     Health and the board of regents of The University of Texas System
8-10     shall adopt the joint memorandum of understanding required by this
8-11     Act if the Texas Board of Health contracts with the board of
8-12     regents of The University of Texas System for the construction of
8-13     physical facilities for the mycobacterial-mycology research
8-14     laboratory.
8-15           SECTION 9.  AMENDMENT.  Subchapter B, Chapter 814, Government
8-16     Code, is amended by adding Section 814.1042 to read as follows:
8-17           Sec. 814.1042.  TEMPORARY SERVICE RETIREMENT OPTION FOR
8-18     MEMBERS AFFECTED BY CONTRACTS ENTERED INTO BY TEXAS DEPARTMENT OF
8-19     HEALTH.  (a)  This section applies only to members of the employee
8-20     class whose positions with the Texas Department of Health at the
8-21     Texas Center for Infectious Disease are eliminated and who separate
8-22     from state service as a result of:
8-23                 (1)  a contract with the board of regents of The
8-24     University of Texas System or any other health care entity or
8-25     provider entered into on or after the effective date of this
8-26     section and on or before September 1, 2000; or
8-27                 (2)  a transfer of the mycobacterial-mycology research
 9-1     laboratory to The University of Texas Health Science Center at San
 9-2     Antonio, if the Texas Board of Health contracts with the board of
 9-3     regents of The University of Texas System for the construction of
 9-4     physical facilities for the laboratory.
 9-5           (b)  A member described by Subsection (a)  is eligible to
 9-6     retire and receive a service retirement annuity if the member's age
 9-7     and service credit, each increased by three years, would meet age
 9-8     and service requirements for service retirement under Section
 9-9     814.104(a) at the time the member separates from state service as
9-10     described by Subsection (a).  The annuity of a person who retires
9-11     under this subsection is computed on the person's accrued service
9-12     credit increased by three years.
9-13           (c)  A member described by Subsection (a)  becomes eligible
9-14     to retire and receive a service retirement annuity on the date on
9-15     which the member would have met the age and service requirements
9-16     for service retirement under Section 814.104(a) had the member
9-17     remained employed by the state if, on the date of separation from
9-18     state service, the member's age and service credit, each increased
9-19     by five years, would meet age and service requirements for service
9-20     retirement under Section 814.104(a).  The annuity of a person who
9-21     retires under this subsection is computed on the person's accrued
9-22     service credit.
9-23           (d)  If a member described by Subsection (c) is reemployed by
9-24     the state before retirement, the time between the member's
9-25     separation from state service and reemployment may be used only to
9-26     compute eligibility for service retirement and may not be used to
9-27     compute the amount of any service retirement annuity.
 10-1          (e)  A member who applies to retire under this section and
 10-2    the Texas Department of Health shall provide documentation required
 10-3    by the retirement system to establish eligibility to retire under
 10-4    this section.
 10-5          (f)  This section applies only to positions eliminated on or
 10-6    after the effective date of this section.
 10-7          SECTION 10.  CONTINGENT IMPLEMENTATION.  The Texas Department
 10-8    of Health is required to implement this Act only if the legislature
 10-9    appropriates money specifically for that purpose.  If the
10-10    legislature does not appropriate money specifically for that
10-11    purpose, the department is not required to implement this Act using
10-12    other appropriations available for the purpose.
10-13          SECTION 11.  EMERGENCY.  The importance of this legislation
10-14    and the crowded condition of the calendars in both houses create an
10-15    emergency and an imperative public necessity that the
10-16    constitutional rule requiring bills to be read on three several
10-17    days in each house be suspended, and this rule is hereby suspended,
10-18    and that this Act take effect and be in force from and after its
10-19    passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1748 was passed by the House on April
         27, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1748 on May 13, 1999, by the
         following vote:  Yeas 141, Nays 0, 2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1748 was passed by the Senate, with
         amendments, on May 11, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor