1-1     By:  Van De Putte, Uresti (Senate Sponsor - Madla)    H.B. No. 1748
 1-2           (In the Senate - Received from the House April 28, 1999;
 1-3     April 29, 1999, read first time and referred to Committee on Health
 1-4     Services; May 6, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; May 6, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1748                   By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the long-range plan for the Texas Center for Infectious
1-11     Disease and the provision of tuberculosis and communicable
1-12     infectious disease health care and laboratory services.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  RENOVATION OR CONSTRUCTION OF PHYSICAL FACILITIES
1-15     OF TEXAS CENTER FOR INFECTIOUS DISEASE.  (a)  The Texas Board of
1-16     Health shall contract for:
1-17                 (1)  renovation of the existing physical facilities,
1-18     including the mycobacterial-mycology research laboratory
1-19     facilities, of the Texas Center for Infectious Disease; or
1-20                 (2)  construction of new physical facilities, including
1-21     mycobacterial-mycology research laboratory facilities, for the
1-22     Texas Center for Infectious Disease.
1-23           (b)  If the Texas Board of Health contracts for the
1-24     renovation of the existing physical facilities under Subsection
1-25     (a)(1), the contract must specify that the renovations include
1-26     structural and design changes required for:
1-27                 (1)  reaccreditation during 1999 by the Joint
1-28     Commission on Accreditation of Health Care Organizations;
1-29                 (2)  compliance with Texas accessibility standards and
1-30     the federal Americans with Disabilities Act of 1990 (42 U.S.C.
1-31     Section 12101 et seq.), as amended; and
1-32                 (3)  the continued operation of the Texas Center for
1-33     Infectious Disease to provide all tuberculosis health care
1-34     services, communicable infectious disease health care services, as
1-35     designated by the commissioner of public health, women's health
1-36     laboratory services, and mycobacterial-mycology research laboratory
1-37     services that are provided at the center on the effective date of
1-38     this Act, except for those services that the board contracts to be
1-39     provided at another health care facility.
1-40           (c)  If the Texas Board of Health contracts for the
1-41     construction of new physical facilities under Subsection (a)(2),
1-42     the board shall:
1-43                 (1)  ensure that the facilities are constructed to
1-44     allow for the provision of all tuberculosis health care services,
1-45     communicable infectious disease health care services, as designated
1-46     by the commissioner of public health, women's health laboratory
1-47     services, and mycobacterial-mycology research laboratory services
1-48     that are provided at the center on the effective date of this Act,
1-49     except for those services that the board contracts to be provided
1-50     at another health care facility; and
1-51                 (2)  contract for minimally necessary structural and
1-52     design renovations to the existing physical facilities required
1-53     for:
1-54                       (A)  reaccreditation during 1999 by the Joint
1-55     Commission on Accreditation of Health Care Organizations;
1-56                       (B)  compliance with Texas accessibility
1-57     standards and the federal Americans with Disabilities Act of 1990
1-58     (42 U.S.C.  Section 12101 et seq.), as amended; and
1-59                       (C)  the continued operation of the existing
1-60     facilities until construction of new facilities is completed.
1-61           SECTION 2.  TUBERCULOSIS AND COMMUNICABLE INFECTIOUS DISEASE
1-62     HEALTH CARE SERVICES.  The Texas Board of Health may contract with
1-63     the board of regents of The University of Texas System or any other
1-64     public or private health care entity or provider to provide
 2-1     physicians or other health care professionals who will provide
 2-2     tuberculosis health care services and communicable infectious
 2-3     disease health care services, as designated by the commissioner of
 2-4     public health, at the Texas Center for Infectious Disease or at
 2-5     another health care facility in proximity to the center.
 2-6           SECTION 3.  STATEWIDE COORDINATION OF MEDICAL MANAGEMENT OF
 2-7     TUBERCULOSIS.  The Texas Board of Health shall contract with the
 2-8     board of regents of The University of Texas System for the
 2-9     coordination of medical management of tuberculosis throughout this
2-10     state by The University of Texas Health Science Center at Tyler.
2-11     The contract may require that the statewide coordination of medical
2-12     management of tuberculosis include:
2-13                 (1)  providing a full-time medical director to direct
2-14     the provision of tuberculosis health care services;
2-15                 (2)  managing a state tuberculosis education center;
2-16     and
2-17                 (3)  for all health care facilities operated by the
2-18     Texas Department of Health that provide tuberculosis health care
2-19     services:
2-20                       (A)  credentialling of medical directors of
2-21     tuberculosis programs;
2-22                       (B)  providing tuberculosis education, medical
2-23     consultations, including telemedical consultations, and oversight
2-24     of and protocols for inpatient tuberculosis management; and
2-25                       (C)  determining appropriate placement of
2-26     tuberculosis patients.
2-27           SECTION 4.  AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE
2-28     DISEASE PATIENTS.  (a)  The Texas Department of Health, in
2-29     cooperation with the office of the governor, shall collaborate with
2-30     the United States Immigration and Naturalization Service to develop
2-31     a formal agreement regarding transportation of communicable disease
2-32     patients through Immigration and Naturalization Service checkpoints
2-33     to the Texas Center for Infectious Disease.
2-34           (b)  The Texas Department of Health shall report the status
2-35     of negotiations and a summary of the department's activities
2-36     relating to the agreement required by this section to the 77th
2-37     Texas Legislature.
2-38           SECTION 5.  DISPLACED EMPLOYEES OF TEXAS CENTER FOR
2-39     INFECTIOUS DISEASE.  (a)  To the extent possible out of available
2-40     funds appropriated to the Texas Department of Health, the
2-41     department shall reassign a member of the employee class of the
2-42     department who is employed at the Texas Center for Infectious
2-43     Disease to an open position within the department for which the
2-44     member is qualified if the member's employment position is
2-45     displaced as a result of a contract entered into by the Texas
2-46     Department of Health under this Act.
2-47           (b)  A contract entered into by the Texas Department of
2-48     Health with the board of regents of The University of Texas System
2-49     or any other health care entity or provider under this Act must
2-50     include a requirement that, to the maximum extent possible as
2-51     determined by the contracting party, the contracting party offer an
2-52     employee of the Texas Center for Infectious Disease whose position
2-53     is displaced as a result of the contract a similar employment
2-54     position with the contracting party.
2-55           SECTION 6.  FUTURE USE OF EXISTING FACILITIES.  If the Texas
2-56     Board of Health contracts for the construction of new physical
2-57     facilities for the Texas Center for Infectious Disease under
2-58     Section 1 of this Act, the board, the Texas Department of Mental
2-59     Health and Mental Retardation, and the General Services Commission
2-60     shall collaborate to prepare leasing and other options for
2-61     potential future uses of the existing physical facilities on
2-62     completion of construction of the new physical facilities.
2-63           SECTION 7.  SCHEDULE.  Not later than September 1, 2000, the
2-64     Texas Board of Health shall enter into the contracts required by
2-65     this Act.
2-66           SECTION 8.  AMENDMENT.  Subchapter B, Chapter 814, Government
2-67     Code, is amended by adding Section 814.1042 to read as follows:
2-68           Sec. 814.1042.  TEMPORARY SERVICE RETIREMENT OPTION FOR
2-69     MEMBERS AFFECTED BY CONTRACTS ENTERED INTO BY TEXAS DEPARTMENT OF
 3-1     HEALTH.  (a)  This section applies only to members of the employee
 3-2     class whose positions with the Texas Department of Health at the
 3-3     Texas Center for Infectious Disease are eliminated and who separate
 3-4     from state service as a result of a contract with the board of
 3-5     regents of The University of Texas System or any other health care
 3-6     entity or provider entered into on or after the effective date of
 3-7     this section and on or before September 1, 2000.
 3-8           (b)  A member described by Subsection (a)  is eligible to
 3-9     retire and receive a service retirement annuity if the member's age
3-10     and service credit, each increased by three years, would meet age
3-11     and service requirements for service retirement under Section
3-12     814.104(a) at the time the member separates from state service as
3-13     described by Subsection (a).  The annuity of a person who retires
3-14     under this subsection is computed on the person's accrued service
3-15     credit increased by three years.
3-16           (c)  A member described by Subsection (a)  becomes eligible
3-17     to retire and receive a service retirement annuity on the date on
3-18     which the member would have met the age and service requirements
3-19     for service retirement under Section 814.104(a) had the member
3-20     remained employed by the state if, on the date of separation from
3-21     state service, the member's age and service credit, each increased
3-22     by five years, would meet age and service requirements for service
3-23     retirement under Section 814.104(a).  The annuity of a person who
3-24     retires under this subsection is computed on the person's accrued
3-25     service credit.
3-26           (d)  If a member described by Subsection (c) is reemployed by
3-27     the state before retirement, the time between the member's
3-28     separation from state service and reemployment may be used only to
3-29     compute eligibility for service retirement and may not be used to
3-30     compute the amount of any service retirement annuity.
3-31           (e)  A member who applies to retire under this section and
3-32     the Texas Department of Health shall provide documentation required
3-33     by the retirement system to establish eligibility to retire under
3-34     this section.
3-35           (f)  This section applies only to positions eliminated on or
3-36     after the effective date of this section.
3-37           SECTION 9.  CONTINGENT IMPLEMENTATION.  The Texas Department
3-38     of Health is required to implement this Act only if the legislature
3-39     appropriates money specifically for that purpose.  If the
3-40     legislature does not appropriate money specifically for that
3-41     purpose, the department is not required to implement this Act using
3-42     other appropriations available for the purpose.
3-43           SECTION 10.  EMERGENCY.  The importance of this legislation
3-44     and the crowded condition of the calendars in both houses create an
3-45     emergency and an imperative public necessity that the
3-46     constitutional rule requiring bills to be read on three several
3-47     days in each house be suspended, and this rule is hereby suspended,
3-48     and that this Act take effect and be in force from and after its
3-49     passage, and it is so enacted.
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