By Solis of Cameron H.B. No. 2848
76R7108 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of ambulatory health care centers to
1-3 receive grants or loans from the Telecommunications Infrastructure
1-4 Fund.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 57.042, Utilities Code, is amended to
1-7 read as follows:
1-8 Sec. 57.042. DEFINITIONS. In this subchapter:
1-9 (1) "Ambulatory health care center" means a health
1-10 care clinic or an association of such a clinic that is:
1-11 (A) exempt from federal income taxation under
1-12 Section 501(a), Internal Revenue Code of 1986, as amended, as an
1-13 organization described by Section 501(c)(3), as amended; and
1-14 (B) funded wholly or partly by a grant under 42
1-15 U.S.C. Section 254b, 254c, or 256, as amended.
1-16 (2) "Board" means the telecommunications
1-17 infrastructure fund board.
1-18 (3) [(2)] "Commercial mobile service provider" means a
1-19 provider of commercial mobile service as defined by Section 332(d),
1-20 Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal
1-21 Communications Commission rules, and the Omnibus Budget
1-22 Reconciliation Act of 1993 (Pub. L. No. 103-66).
1-23 (4) [(3)] "Fund" means the telecommunications
1-24 infrastructure fund.
2-1 (5) [(4)] "Institution of higher education" means:
2-2 (A) an institution of higher education as
2-3 defined by Section 61.003, Education Code; or
2-4 (B) a private or independent institution of
2-5 higher education as defined by Section 61.003, Education Code.
2-6 (6) [(5)] "Library" means:
2-7 (A) a public library or regional library system
2-8 as those terms are defined by Section 441.122, Government Code; or
2-9 (B) a library operated by an institution of
2-10 higher education or a school district.
2-11 (7) [(6)] "Public not-for-profit health care facility"
2-12 means a rural or regional hospital or other entity such as a rural
2-13 health clinic that:
2-14 (A) is supported by local or regional tax
2-15 revenue; [or]
2-16 (B) is a certified not-for-profit health
2-17 corporation, under federal law; or
2-18 (C) is an ambulatory health care center.
2-19 (8) [(7)] "School district" includes an independent
2-20 school district, a common school district, and a rural high school
2-21 district.
2-22 (9) [(8)] "Public school" means a public elementary or
2-23 secondary school, including an open-enrollment charter school, a
2-24 home-rule school district school, and a school with a campus or
2-25 campus program charter.
2-26 (10) [(9)] "Taxable telecommunications receipts" means
2-27 taxable telecommunications receipts reported under Chapter 151, Tax
3-1 Code.
3-2 (11) [(10)] "Telemedicine":
3-3 (A) means medical services delivered by
3-4 telecommunications technologies to rural or underserved public
3-5 not-for-profit health care facilities or primary health care
3-6 facilities in collaboration with an academic health center and an
3-7 associated teaching hospital or tertiary center or with another
3-8 public not-for-profit health care facility; and
3-9 (B) includes consultive services, diagnostic
3-10 services, interactive video consultation, teleradiology,
3-11 telepathology, and distance education for working health care
3-12 professionals.
3-13 SECTION 2. (a) In accordance with Section 311.031(a),
3-14 Government Code, which gives effect to a substantive amendment
3-15 enacted by the same legislature that codifies the amended statute,
3-16 the text of Section 57.042, Utilities Code, as set out in this Act,
3-17 gives effect to changes made by Chapter 145, Acts of the 75th
3-18 Legislature, Regular Session, 1997.
3-19 (b) To the extent of any conflict, this Act controls over
3-20 another Act of the 76th Legislature, Regular Session, 1999,
3-21 relating to nonsubstantive additions and corrections in enacted
3-22 codes.
3-23 SECTION 3. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.