By Solis of Cameron H.B. No. 3504
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the long-range plan for the South Texas Hospital and
1-3 the provision of tuberculosis and other health care services in the
1-4 Lower Rio Grande Valley.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CONSTRUCTION OF NEW PHYSICAL FACILITY FOR
1-7 OUTPATIENT HEALTH CARE SERVICES. (a) The Texas Department of
1-8 Health shall contract for the construction of a new physical
1-9 facility for outpatient health care services out of funds
1-10 appropriated to the department for that purpose. The physical
1-11 facility must be:
1-12 (1) located at the site of the South Texas Hospital;
1-13 or
1-14 (2) colocated with the initial site of the Regional
1-15 Academic Health Center at a common site in Harlingen, Texas, and
1-16 adjacent to the center.
1-17 (b) The contract under this section must specify that the
1-18 physical facility must be designed and constructed to allow for the
1-19 provision of all outpatient health care services, including
1-20 outpatient tuberculosis services, provided at the South Texas
1-21 Hospital on the effective date of this Act. The facility may be
1-22 designed and constructed to allow for the provision of additional
1-23 outpatient health care services.
1-24 (c) If the physical facility constructed under Subsection
2-1 (a) of this section is colocated with the Regional Academic Health
2-2 Center, the contract under this section must specify that, to the
2-3 maximum extent possible, that facility and the Regional Academic
2-4 Health Center must be designed and constructed together to realize
2-5 potential savings in construction costs and long-term maintenance
2-6 and operations costs by using common central utility plants,
2-7 cafeterias, laundry facilities, maintenance facilities, and other
2-8 support facilities. The board of regents of The University of
2-9 Texas System shall cooperate with the Texas Department of Health to
2-10 coordinate the structure and design of the physical facilities of
2-11 the facility constructed under Subsection (a) of this section and
2-12 the Regional Academic Health Center to achieve a maximally
2-13 efficient use of resources.
2-14 SECTION 2. OUTPATIENT HEALTH CARE SERVICES. (a) On
2-15 completion of a new physical facility required by Section 1 of this
2-16 Act, the provision of all outpatient health care services,
2-17 including outpatient tuberculosis services, provided by the South
2-18 Texas Hospital on the effective date of this Act shall be
2-19 transferred to the new physical facility.
2-20 (b) The Texas Department of Health may contract with any
2-21 public or private health care provider or entity for the management
2-22 and operation of the physical facility constructed under Section 1
2-23 of this Act and for the provision of outpatient health care
2-24 services at the facility.
2-25 SECTION 3. INPATIENT HEALTH CARE AND RELATED LABORATORY
2-26 SERVICES. Out of funds appropriated to the Texas Department of
2-27 Health to provide inpatient health care services, the department
3-1 shall contract with one or more public or private health care
3-2 providers or entities, including a political subdivision that is
3-3 located in the Rio Grande Valley region and is responsible for
3-4 providing health care services to its residents, for the provision
3-5 of inpatient health care services, including inpatient tuberculosis
3-6 services, and related laboratory services provided by the South
3-7 Texas Hospital on the effective date of this Act.
3-8 SECTION 4. INTERIM RENOVATION OF PHYSICAL FACILITIES OF
3-9 SOUTH TEXAS HOSPITAL. Out of funds appropriated to the department
3-10 for the purpose of this section, the Texas Department of Health
3-11 shall contract for minimally necessary structural and design
3-12 renovations to the physical facilities of the South Texas Hospital
3-13 required for compliance with Texas Accessibility Standards and the
3-14 federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
3-15 12101 et seq.), as amended, and for the continued operation of the
3-16 South Texas Hospital to provide outpatient health care services
3-17 until construction of a new physical facility for the provision of
3-18 those services is completed.
3-19 SECTION 5. FUTURE OF SOUTH TEXAS HOSPITAL. The Texas Board
3-20 of Health shall give the Texas Department of Mental Health and
3-21 Mental Retardation the first option to lease the current physical
3-22 facilities of the South Texas Hospital on completion of
3-23 construction of a new physical facility for outpatient health care
3-24 services and after contracting providers or entities under Section
3-25 3 of this Act have begun providing inpatient health care and
3-26 related laboratory services. If the Texas Department of Mental
3-27 Health and Mental Retardation does not lease the facilities, the
4-1 Texas Board of Health shall study and prepare leasing and other
4-2 options for potential future uses of the facilities.
4-3 SECTION 6. CONTINUATION OF SUPPORT SERVICES. (a) If the
4-4 new physical facility constructed as required by Section 1 of this
4-5 Act is colocated with the Regional Academic Health Center, the
4-6 Texas Department of Health and the Texas Department of Mental
4-7 Health and Mental Retardation shall enter into an interagency
4-8 contract to provide for the continuation of support services for
4-9 the facility operated by the Texas Department of Mental Health and
4-10 Mental Retardation that is colocated with the South Texas Hospital.
4-11 (b) The contract may include a provision requiring the Texas
4-12 Department of Health to continue providing employees for support
4-13 facilities at the site.
4-14 SECTION 7. DISPLACED EMPLOYEES OF SOUTH TEXAS HOSPITAL. (a)
4-15 Out of available funds appropriated to the Texas Department of
4-16 Health, the department shall reassign a member of the employee
4-17 class of the department who is employed at the South Texas Hospital
4-18 and whose position is displaced as a result of a contract entered
4-19 into by the Texas Department of Health under this Act or the
4-20 transfer of services from the South Texas Hospital to an open
4-21 position within the department in reasonable proximity to the South
4-22 Texas Hospital and for which the member is qualified. If
4-23 reassignment of a member of the employee class to another position
4-24 within the department is not possible, the department shall provide
4-25 job placement assistance to the member.
4-26 (b) A contract awarded by the Texas Department of Health
4-27 under this Act must include a provision that the contracting entity
5-1 shall offer an employee of the South Texas Hospital whose position
5-2 is displaced as a result of the contract a similar employment
5-3 position with the contracting entity before offering the position
5-4 to any other person if the contracting entity determines that the
5-5 displaced employee is qualified for the position.
5-6 SECTION 8. TIME FRAME. Not later than September 1, 2000,
5-7 the Texas Department of Health shall enter into the contracts
5-8 required by this Act.
5-9 SECTION 9. AMENDMENTS. (a) Subchapter B, Chapter 814,
5-10 Government Code, is amended by adding Section 814.1043 to read as
5-11 follows:
5-12 Sec. 814.1043. TEMPORARY SERVICE RETIREMENT OPTION FOR
5-13 MEMBERS EMPLOYED AT SOUTH TEXAS HOSPITAL. (a) This section
5-14 applies only to members of the employee class who are employed by
5-15 the Texas Department of Health at the South Texas Hospital on or
5-16 after the effective date of this section and on or before September
5-17 1, 2000, and who separate from state service during that time.
5-18 (b) A member described by Subsection (a) is eligible to
5-19 retire and receive a service retirement annuity if the member's age
5-20 and service credit, each increased by three years, would meet age
5-21 and service requirements for service retirement under Section
5-22 814.104(a) at the time the member separates from state service as
5-23 described by Subsection (a). The annuity of a person who retires
5-24 under this subsection is computed on the person's accrued service
5-25 credit increased by three years.
5-26 (c) A member described by Subsection (a) becomes eligible to
5-27 retire and receive a service retirement annuity on the date on
6-1 which the member would have met the age and service requirements
6-2 for service retirement under Section 814.104(a) had the member
6-3 remained employed by the state if, on the date of separation from
6-4 state service, the member's age and service credit, each increased
6-5 by five years, would meet age and service requirements for service
6-6 retirement under Section 814.104(a). The annuity of a person who
6-7 retires under this subsection is computed on the person's accrued
6-8 service credit.
6-9 (d) If a member described by Subsection (c) is reemployed by
6-10 the state before retirement, the time between the member's
6-11 separation from state service and reemployment may be used only to
6-12 compute eligibility for service retirement and may not be used to
6-13 compute the amount of any service retirement annuity.
6-14 (e) A member who applies to retire under this section and
6-15 the Texas Department of Health shall provide documentation required
6-16 by the retirement system to establish eligibility to retire under
6-17 this section.
6-18 (b) Section 13.003, Health and Safety Code, is amended to
6-19 read as follows:
6-20 Sec. 13.003. SERVICES AT SOUTH TEXAS HOSPITAL. (a) The
6-21 primary purpose of the South Texas Hospital is to provide inpatient
6-22 and outpatient services, either directly or by contract with one or
6-23 more public or private health care providers or entities, to the
6-24 residents of the Lower Rio Grande Valley.
6-25 (b) The board may establish at the South Texas Hospital:
6-26 (1) cancer screening;
6-27 (2) diagnostic services;
7-1 (3) educational services;
7-2 (4) obstetrical services;
7-3 (5) gynecological services; [and]
7-4 (6) other inpatient health care services; and
7-5 (7) outpatient health care services, including
7-6 diagnostic, treatment, disease management, and supportive care
7-7 services.
7-8 SECTION 10. EMERGENCY. The importance of this legislation
7-9 and the crowded condition of the calendars in both houses create an
7-10 emergency and an imperative public necessity that the
7-11 constitutional rule requiring bills to be read on three several
7-12 days in each house be suspended, and this rule is hereby suspended,
7-13 and that this Act take effect and be in force from and after its
7-14 passage, and it is so enacted.