1-1 By: Gray, Eiland (Senate Sponsor - Jackson) H.B. No. 2070 1-2 (In the Senate - Received from the House April 29, 1999; 1-3 April 30, 1999, read first time and referred to Committee on Health 1-4 Services; May 13, 1999, reported favorably, as amended, by the 1-5 following vote: Yeas 5, Nays 0; May 13, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Moncrief 1-7 Amend H.B. 2070 by adding the following language: 1-8 On page 2, line 49, after "businesses" add "or relating to 1-9 the procurement of goods and services from persons with 1-10 disabilities." 1-11 COMMITTEE AMENDMENT NO. 2 By: Moncrief 1-12 Amend H.B. 2070 in SECTION 1 by deleting Subsection (f) of 1-13 the proposed Section 74.008, Education Code, and inserting in lieu 1-14 thereof new subsections (f) and (g) to read as follows: 1-15 (f) This section does not apply to purchases of professional 1-16 services subject to Chapter 2254, Government Code. 1-17 (g) Except as otherwise provided by this section, Subtitle 1-18 D, Title 10, Government Code, does not apply to purchases of goods 1-19 and services made under this section. 1-20 A BILL TO BE ENTITLED 1-21 AN ACT 1-22 relating to the administration and responsibilities of The 1-23 University of Texas Medical Branch at Galveston. 1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-25 SECTION 1. Subchapter A, Chapter 74, Education Code, is 1-26 amended by adding Sections 74.005, 74.006, 74.007, and 74.008 to 1-27 read as follows: 1-28 Sec. 74.005. TREATMENT OF CERTAIN PATIENTS. (a) The 1-29 medical branch may enter into one or more contracts with a county, 1-30 public hospital, or hospital district to provide treatment to 1-31 residents of the county or service area, including a contract to 1-32 provide treatment to residents who are eligible for health care 1-33 assistance under Chapter 61, Health and Safety Code. 1-34 (b) If a contract is entered into under this section, the 1-35 liability of a county, public hospital, or hospital district under 1-36 the contract shall take into consideration the actual costs of the 1-37 medical branch in providing health care services pursuant to the 1-38 contract, but in no event may the liability of a county, public 1-39 hospital, or hospital district exceed the medical branch's costs. 1-40 (c) If a contract to provide treatment to an eligible 1-41 resident of a county or service area is not entered into under this 1-42 section, the medical branch must receive the approval of the 1-43 appropriate county, public hospital, or hospital district before 1-44 providing nonemergency health care services to the resident. If 1-45 that approval is not received, the county, public hospital, or 1-46 hospital district is not liable to the medical branch for any 1-47 nonemergency care provided to the resident. If approval is 1-48 received, the county, public hospital, or hospital district is 1-49 liable to the medical branch under Subsection (d) for the services 1-50 provided by the medical branch to the resident. 1-51 (d) The liability of a county, public hospital, or hospital 1-52 district to the medical branch for the treatment of eligible 1-53 residents of the county or service area by the medical branch may 1-54 not exceed the responsibility of a county as provided for in 1-55 Chapter 61, Health and Safety Code, unless agreed to by the county, 1-56 public hospital, or hospital district in a contract to provide 1-57 treatment to those residents that is entered into under this 1-58 section. 1-59 (e) In this section, "eligible resident," "hospital 1-60 district," "public hospital," and "service area" have the same 1-61 meanings assigned those terms by Chapter 61, Health and Safety 2-1 Code. 2-2 Sec. 74.006. SUFFICIENCY OF FUNDS. The medical branch shall 2-3 take any reasonable administrative or management action necessary 2-4 to achieve the mission and strategic plan of the medical branch 2-5 within the total amount of funds received by the medical branch 2-6 from all sources, including institutional and local funds and 2-7 hospital and clinic fees. 2-8 Sec. 74.007. INCENTIVE RETIREMENT PLANS. (a) The medical 2-9 branch may offer incentive retirement plans to employees of the 2-10 medical branch who elect to retire under other state law. 2-11 (b) An incentive offered to an employee by the medical 2-12 branch must be paid from the medical branch's funds or hospital or 2-13 clinic fees. 2-14 (c) The medical branch may not rehire an employee receiving 2-15 a retirement incentive under this section without the specific 2-16 approval of the president. 2-17 Sec. 74.008. ACQUISITION OF GOODS OR SERVICES. (a) The 2-18 medical branch may acquire goods or services by the method that 2-19 provides the best value to the medical branch, including: 2-20 (1) competitive bidding; 2-21 (2) competitive sealed proposals; 2-22 (3) catalogue purchase; 2-23 (4) a group purchasing program; or 2-24 (5) an open market contract. 2-25 (b) In determining what is the best value to the medical 2-26 branch, the medical branch shall consider: 2-27 (1) the purchase price; 2-28 (2) the reputation of the vendor and of the vendor's 2-29 goods or services; 2-30 (3) the quality of the vendor's goods or services; 2-31 (4) the extent to which the goods or services meet the 2-32 medical branch's needs; 2-33 (5) the vendor's past relationship with the medical 2-34 branch; 2-35 (6) the impact on the ability of the medical branch to 2-36 comply with laws and rules relating to historically underutilized 2-37 businesses; 2-38 (7) the total long-term cost to the medical branch of 2-39 acquiring the vendor's goods or services; and 2-40 (8) any other relevant factor that a private business 2-41 entity would consider in selecting a vendor. 2-42 (c) The state auditor may audit purchases of goods or 2-43 services by the medical branch. 2-44 (d) The medical branch may adopt rules and procedures for 2-45 the acquisition of goods or services. 2-46 (e) To the extent of any conflict, this section prevails 2-47 over any other law relating to the purchasing of goods or services 2-48 except a law relating to contracting with historically 2-49 underutilized businesses. 2-50 (f) Except as otherwise provided by this section, Subtitle 2-51 D, Title 10, Government Code, and Chapter 2254, Government Code, do 2-52 not apply to purchases of goods or services made under this 2-53 section. 2-54 SECTION 2. Subchapter B, Chapter 74, Education Code, is 2-55 repealed. 2-56 SECTION 3. (a) Section 1 of this Act takes effect September 2-57 1, 1999. 2-58 (b) Section 2 of this Act takes effect September 1, 2000. 2-59 (c) Not later than January 1, 2000, The University of Texas 2-60 Medical Branch at Galveston, the Moody State School for Cerebral 2-61 Palsied Children, and The University of Texas Medical Branch at 2-62 Galveston Special School shall discuss and enter into a memorandum 2-63 of understanding relating to the transfer of property and other 2-64 assets of the Moody State School for Cerebral Palsied Children and 2-65 The University of Texas Medical Branch at Galveston Special School 2-66 to The University of Texas Medical Branch at Galveston and relating 2-67 to the dissolution of the Moody State School for Cerebral Palsied 2-68 Children and The University of Texas Medical Branch at Galveston 2-69 Special School. 3-1 (d) Funding that could have been provided to the Moody State 3-2 School for Cerebral Palsied Children and The University of Texas 3-3 Medical Branch at Galveston Special School under Subchapter B, 3-4 Chapter 74, Education Code, may be provided to The University of 3-5 Texas Medical Branch at Galveston if the medical branch performs 3-6 the same duties as the Moody State School for Cerebral Palsied 3-7 Children and The University of Texas Medical Branch at Galveston 3-8 Special School performed before the repeal of Subchapter B, Chapter 3-9 74, Education Code. 3-10 SECTION 4. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended. 3-15 * * * * *