1-1 AN ACT
1-2 relating to the authority of physicians and optometrists or
1-3 therapeutic optometrists to form certain jointly owned entities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Medical Practice Act (Article
1-6 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
1-7 5.12 to read as follows:
1-8 Sec. 5.12. AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.
1-9 (a) Except as provided by Section 3.07(c) of this Act, a physician
1-10 and an optometrist or therapeutic optometrist may organize, jointly
1-11 own, and manage a partnership under the Texas Revised Partnership
1-12 Act (Article 6132b-1.01 et seq., Vernon's Texas Civil Statutes), a
1-13 limited partnership under the Texas Revised Limited Partnership Act
1-14 (Article 6132a-1, Vernon's Texas Civil Statutes), a limited
1-15 liability company under the Texas Limited Liability Company Act
1-16 (Article 1528n, Vernon's Texas Civil Statutes), or any other legal
1-17 entity to:
1-18 (1) own real property, other physical facilities, or
1-19 equipment for the delivery of health care services or management;
1-20 (2) lease, rent, or otherwise acquire the use of real
1-21 property, other physical facilities, or equipment for the delivery
1-22 of health care services or management; or
1-23 (3) employ or otherwise use a person who is not a
1-24 physician, optometrist, or therapeutic optometrist for the delivery
2-1 of health care services or management.
2-2 (b) Only a physician, optometrist, or therapeutic
2-3 optometrist may own an interest in an entity authorized under
2-4 Subsection (a) of this section. This subsection does not prohibit
2-5 an entity from making one or more payments to an owner's estate
2-6 following the owner's death under an agreement with the owner or as
2-7 otherwise authorized or required by law.
2-8 SECTION 2. Article 5, Texas Optometry Act (Article 4552-5.01
2-9 et seq., Vernon's Texas Civil Statutes), is amended by adding
2-10 Section 5.22 to read as follows:
2-11 Sec. 5.22. AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.
2-12 (a) Except as provided by Section 5.13(b) or (c) of this Act, an
2-13 optometrist or therapeutic optometrist and a physician may
2-14 organize, jointly own, and manage a partnership under the Texas
2-15 Revised Partnership Act (Article 6132b-1.01 et seq., Vernon's Texas
2-16 Civil Statutes), a limited partnership under the Texas Revised
2-17 Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil
2-18 Statutes), a limited liability company under the Texas Limited
2-19 Liability Company Act (Article 1528n, Vernon's Texas Civil
2-20 Statutes), or any other legal entity to:
2-21 (1) own real property, other physical facilities, or
2-22 equipment for the delivery of health care services or management;
2-23 (2) lease, rent, or otherwise acquire the use of real
2-24 property, other physical facilities, or equipment for the delivery
2-25 of health care services or management; or
2-26 (3) employ or otherwise use a person who is not an
2-27 optometrist, therapeutic optometrist, or physician for the delivery
3-1 of health care services or management.
3-2 (b) Only an optometrist, therapeutic optometrist, or
3-3 physician may have an ownership interest in an entity authorized
3-4 under Subsection (a) of this section. This subsection does not
3-5 prohibit an entity from making one or more payments to an owner's
3-6 estate following the owner's death under an agreement with the
3-7 owner or as otherwise authorized or required by law.
3-8 SECTION 3. This Act takes effect September 1, 1999.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 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. 2453 was passed by the House on April
22, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2453 was passed by the Senate on May
20, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor