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 or relating to the procurement of goods
4-13 and services from persons with disabilities.
4-14 (f) This section does not apply to purchases of professional
4-15 services subject to Chapter 2254, Government Code.
4-16 (g) Except as otherwise provided by this section, Subtitle
4-17 D, Title 10, Government Code, does not apply to purchases of goods
4-18 and services made under this section.
4-19 SECTION 2. Subchapter B, Chapter 74, Education Code, is
4-20 repealed.
4-21 SECTION 3. (a) Section 1 of this Act takes effect September
4-22 1, 1999.
4-23 (b) Section 2 of this Act takes effect September 1, 2000.
4-24 (c) Not later than January 1, 2000, The University of Texas
4-25 Medical Branch at Galveston, the Moody State School for Cerebral
4-26 Palsied Children, and The University of Texas Medical Branch at
4-27 Galveston Special School shall discuss and enter into a memorandum
5-1 of understanding relating to the transfer of property and other
5-2 assets of the Moody State School for Cerebral Palsied Children and
5-3 The University of Texas Medical Branch at Galveston Special School
5-4 to The University of Texas Medical Branch at Galveston and relating
5-5 to the dissolution of the Moody State School for Cerebral Palsied
5-6 Children and The University of Texas Medical Branch at Galveston
5-7 Special School.
5-8 (d) Funding that could have been provided to the Moody State
5-9 School for Cerebral Palsied Children and The University of Texas
5-10 Medical Branch at Galveston Special School under Subchapter B,
5-11 Chapter 74, Education Code, may be provided to The University of
5-12 Texas Medical Branch at Galveston if the medical branch performs
5-13 the same duties as the Moody State School for Cerebral Palsied
5-14 Children and The University of Texas Medical Branch at Galveston
5-15 Special School performed before the repeal of Subchapter B, Chapter
5-16 74, Education Code.
5-17 SECTION 4. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2070 was passed by the House on April
28, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2070 on May 22, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2070 was passed by the Senate, with
amendments, on May 20, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor