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