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