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.