By Gray, Eiland H.B. No. 2070 76R8644 KEL-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the administration and responsibilities of The 1-3 University of Texas Medical Branch at Galveston. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 74, Education Code, is 1-6 amended by adding Sections 74.005, 74.006, 74.007, and 74.008 to 1-7 read as follows: 1-8 Sec. 74.005. TREATMENT OF CERTAIN PATIENTS. (a) The 1-9 medical branch may enter into one or more contracts with a county, 1-10 public hospital, or hospital district to provide treatment to 1-11 residents of the county or service area, including a contract to 1-12 provide treatment to residents who are eligible for health care 1-13 assistance under Chapter 61, Health and Safety Code. 1-14 (b) If a contract is entered into under this section, the 1-15 liability of a county, public hospital, or hospital district under 1-16 the contract shall take into consideration the actual costs of the 1-17 medical branch in providing health care services pursuant to the 1-18 contract, but in no event may the liability of a county, public 1-19 hospital, or hospital district exceed the medical branch's costs. 1-20 (c) If a contract to provide treatment to an eligible 1-21 resident of a county or service area is not entered into under this 1-22 section, the medical branch must receive the approval of the 1-23 appropriate county, public hospital, or hospital district before 1-24 providing nonemergency health care services to the resident. If 2-1 that approval is not received, the county, public hospital, or 2-2 hospital district is not liable to the medical branch for any 2-3 nonemergency care provided to the resident. If approval is 2-4 received, the county, public hospital, or hospital district is 2-5 liable to the medical branch under Subsection (d) for the services 2-6 provided by the medical branch to the resident. 2-7 (d) The liability of a county, public hospital, or hospital 2-8 district to the medical branch for the treatment of eligible 2-9 residents of the county or service area by the medical branch may 2-10 not exceed the responsibility of a county as provided for in 2-11 Chapter 61, Health and Safety Code, unless agreed to by the county, 2-12 public hospital, or hospital district in a contract to provide 2-13 treatment to those residents that is entered into under this 2-14 section. 2-15 (e) In this section, "eligible resident," "hospital 2-16 district," "public hospital," and "service area" have the same 2-17 meanings assigned those terms by Chapter 61, Health and Safety 2-18 Code. 2-19 Sec. 74.006. SUFFICIENCY OF FUNDS. The medical branch shall 2-20 take any reasonable administrative or management action necessary 2-21 to achieve the mission and strategic plan of the medical branch 2-22 within the total amount of funds received by the medical branch 2-23 from all sources, including institutional and local funds and 2-24 hospital and clinic fees. 2-25 Sec. 74.007. INCENTIVE RETIREMENT PLANS. (a) The medical 2-26 branch may offer incentive retirement plans to employees of the 2-27 medical branch who elect to retire under other state law. 3-1 (b) An incentive offered to an employee by the medical 3-2 branch must be paid from the medical branch's funds or hospital or 3-3 clinic fees. 3-4 (c) The medical branch may not rehire an employee receiving 3-5 a retirement incentive under this section without the specific 3-6 approval of the president. 3-7 Sec. 74.008. ACQUISITION OF GOODS OR SERVICES. (a) The 3-8 medical branch may acquire goods or services by the method that 3-9 provides the best value to the medical branch, including: 3-10 (1) competitive bidding; 3-11 (2) competitive sealed proposals; 3-12 (3) catalogue purchase; 3-13 (4) a group purchasing program; or 3-14 (5) an open market contract. 3-15 (b) In determining what is the best value to the medical 3-16 branch, the medical branch shall consider: 3-17 (1) the purchase price; 3-18 (2) the reputation of the vendor and of the vendor's 3-19 goods or services; 3-20 (3) the quality of the vendor's goods or services; 3-21 (4) the extent to which the goods or services meet the 3-22 medical branch's needs; 3-23 (5) the vendor's past relationship with the medical 3-24 branch; 3-25 (6) the impact on the ability of the medical branch to 3-26 comply with laws and rules relating to historically underutilized 3-27 businesses; 4-1 (7) the total long-term cost to the medical branch of 4-2 acquiring the vendor's goods or services; and 4-3 (8) any other relevant factor that a private business 4-4 entity would consider in selecting a vendor. 4-5 (c) The state auditor may audit purchases of goods or 4-6 services by the medical branch. 4-7 (d) The medical branch may adopt rules and procedures for 4-8 the acquisition of goods or services. 4-9 (e) To the extent of any conflict, this section prevails 4-10 over any other law relating to the purchasing of goods or services 4-11 except a law relating to contracting with historically 4-12 underutilized businesses. 4-13 (f) Except as otherwise provided by this section, Subtitle 4-14 D, Title 10, Government Code, and Chapter 2254, Government Code, do 4-15 not apply to purchases of goods or services made under this 4-16 section. 4-17 SECTION 2. Subchapter B, Chapter 74, Education Code, is 4-18 repealed. 4-19 SECTION 3. (a) Section 1 of this Act takes effect September 4-20 1, 1999. 4-21 (b) Section 2 of this Act takes effect September 1, 2000. 4-22 (c) Not later than January 1, 2000, The University of Texas 4-23 Medical Branch at Galveston, the Moody State School for Cerebral 4-24 Palsied Children, and The University of Texas Medical Branch at 4-25 Galveston Special School shall discuss and enter into a memorandum 4-26 of understanding relating to the transfer of property and other 4-27 assets of the Moody State School for Cerebral Palsied Children and 5-1 The University of Texas Medical Branch at Galveston Special School 5-2 to The University of Texas Medical Branch at Galveston and relating 5-3 to the dissolution of the Moody State School for Cerebral Palsied 5-4 Children and The University of Texas Medical Branch at Galveston 5-5 Special School. 5-6 (d) Funding that could have been provided to the Moody State 5-7 School for Cerebral Palsied Children and The University of Texas 5-8 Medical Branch at Galveston Special School under Subchapter B, 5-9 Chapter 74, Education Code, may be provided to The University of 5-10 Texas Medical Branch at Galveston if the medical branch performs 5-11 the same duties as the Moody State School for Cerebral Palsied 5-12 Children and The University of Texas Medical Branch at Galveston 5-13 Special School performed before the repeal of Subchapter B, Chapter 5-14 74, Education Code. 5-15 SECTION 4. The importance of this legislation and the 5-16 crowded condition of the calendars in both houses create an 5-17 emergency and an imperative public necessity that the 5-18 constitutional rule requiring bills to be read on three several 5-19 days in each house be suspended, and this rule is hereby suspended.