By Gray H.B. No. 2070
76R5533 CAG-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 INDIGENT PATIENTS. (a) The
1-9 medical branch may enter into a contract with a county, public
1-10 hospital, or hospital district to provide treatment to residents of
1-11 the county or service area who are eligible for health care
1-12 assistance under Chapter 61, Health and Safety Code.
1-13 (b) The liability of a county, public hospital, or hospital
1-14 district to the medical branch for the treatment of residents of
1-15 the county or service area by the medical branch may not exceed the
1-16 responsibility of a county as provided for in Chapter 61, Health
1-17 and Safety Code, unless agreed to by the county, public hospital,
1-18 or hospital district in a contract entered into under this section.
1-19 (c) If a contract is entered into under this section, the
1-20 liability of a county, public hospital, or hospital district under
1-21 the contract shall take into consideration the actual costs of the
1-22 medical branch in providing health care services pursuant to the
1-23 contract. The liability of a county, public hospital, or hospital
1-24 district may not exceed the medical branch's costs.
2-1 (d) If a contract is not entered into under this section,
2-2 the medical branch must receive the approval of a county, public
2-3 hospital, or hospital district before providing nonemergency health
2-4 care services to an eligible resident of the county or service
2-5 area. If that approval is not received, the county, public
2-6 hospital, or hospital district is not liable to the medical branch
2-7 for any nonemergency care provided to the resident. If approval is
2-8 received, the county, public hospital, or hospital district is
2-9 liable to the medical branch under Subsection (b) for the services
2-10 provided by the medical branch to the resident.
2-11 (e) In this section, "eligible resident," "hospital
2-12 district," "public hospital," and "service area" have the meanings
2-13 assigned by Chapter 61, Health and Safety Code.
2-14 Sec. 74.006. SUFFICIENCY OF INSTITUTIONAL FUNDS, FEES, AND
2-15 PATIENT BASE. The medical branch shall ensure that the medical
2-16 branch's funds and the medical branch's hospital and clinic fees
2-17 and patient base are sufficient to fund and achieve the mission and
2-18 strategic plan of the medical branch and protect the state's
2-19 investment in the development of the medical branch.
2-20 Sec. 74.007. INCENTIVE RETIREMENT PLANS. (a) The medical
2-21 branch may offer incentive retirement plans to employees of the
2-22 medical branch who elect to retire under other state law.
2-23 (b) An incentive offered to an employee by the medical
2-24 branch must be paid from the medical branch's funds or hospital or
2-25 clinic fees.
2-26 (c) An institutional plan providing for incentive retirement
2-27 plans must be filed with the Legislative Budget Board not later
3-1 than the 61st day before the date the plan is implemented.
3-2 (d) The medical branch may not rehire an employee receiving
3-3 a retirement incentive under this section without the specific
3-4 approval of the president.
3-5 Sec. 74.008. ACQUISITION OF GOODS AND SERVICES. (a) The
3-6 medical branch may acquire goods or services by the method that
3-7 provides the best value to the medical branch, including:
3-8 (1) competitive bidding;
3-9 (2) competitive sealed proposals;
3-10 (3) catalogue purchase;
3-11 (4) a group purchasing program; or
3-12 (5) an open market contract.
3-13 (b) In determining what is the best value to the medical
3-14 branch, the medical branch shall consider:
3-15 (1) the purchase price;
3-16 (2) the reputation of the vendor and of the vendor's
3-17 goods or services;
3-18 (3) the quality of the vendor's goods or services;
3-19 (4) the extent to which the goods or services meet the
3-20 medical branch's needs;
3-21 (5) the vendor's past relationship with the medical
3-22 branch;
3-23 (6) the impact on the ability of the medical branch to
3-24 comply with laws and rules relating to historically underutilized
3-25 businesses;
3-26 (7) the total long-term cost to the medical branch of
3-27 acquiring the vendor's goods or services; and
4-1 (8) any other relevant factor that a private business
4-2 entity would consider in selecting a vendor.
4-3 (c) The state auditor may audit purchases of goods or
4-4 services by the medical branch.
4-5 (d) The medical branch may adopt rules and procedures for
4-6 the acquisition of goods or services.
4-7 (e) To the extent of any conflict, this section prevails
4-8 over any other law relating to the purchasing of goods and services
4-9 except a law relating to contracting with historically
4-10 underutilized businesses.
4-11 (f) Except as otherwise provided by this section, Subtitle
4-12 D, Title 10, Government Code, and Chapter 2254, Government Code, do
4-13 not apply to purchases of goods and services made under this
4-14 section.
4-15 SECTION 2. Subchapter B, Chapter 74, Education Code, is
4-16 repealed.
4-17 SECTION 3. (a) Section 1 of this Act takes effect September
4-18 1, 1999.
4-19 (b) Section 2 of this Act takes effect September 1, 2001.
4-20 (c) Not later than January 1, 2000, The University of Texas
4-21 Medical Branch at Galveston, the Moody State School for Cerebral
4-22 Palsied Children, and The University of Texas Medical Branch at
4-23 Galveston Special School shall discuss and enter into a memorandum
4-24 of understanding relating to the transfer of powers, duties,
4-25 property, personnel, and other assets or liabilities of the Moody
4-26 State School for Cerebral Palsied Children and The University of
4-27 Texas Medical Branch at Galveston Special School to The University
5-1 of Texas Medical Branch at Galveston.
5-2 (d) Funding that could have been provided to the Moody State
5-3 School for Cerebral Palsied Children and The University of Texas
5-4 Medical Branch at Galveston Special School under Subchapter B,
5-5 Chapter 74, Education Code, may be provided to The University of
5-6 Texas Medical Branch at Galveston if the medical branch performs
5-7 the same duties as the Moody State School for Cerebral Palsied
5-8 Children and The University of Texas Medical Branch at Galveston
5-9 Special School performed before the repeal of Subchapter B, Chapter
5-10 74, Education Code.
5-11 SECTION 4. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.