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 FACILITIES FOR
1-7 OUTPATIENT HEALTH CARE SERVICES. (a) The Texas Department of
1-8 Health shall contract for the construction of an initial, new
1-9 physical facility for outpatient health care services out of funds
1-10 appropriated to the department for that purpose.
1-11 (b) The initial physical facility constructed under
1-12 Subsection (a) of this section must be:
1-13 (1) located at the site of the South Texas Hospital in
1-14 Harlingen, Texas; or
1-15 (2) colocated with the initial site of the Regional
1-16 Academic Health Center at a common site in Harlingen, Texas, and
1-17 adjacent to the center.
1-18 (c) The contract under Subsection (a) of this section for
1-19 the construction of the initial physical facility in Harlingen,
1-20 Texas, must specify that the physical facility be designed and
1-21 constructed to allow for the provision of all outpatient health
1-22 care services, including outpatient tuberculosis services, provided
1-23 at the South Texas Hospital on the effective date of this Act. The
1-24 facility may be designed and constructed to allow for the provision
2-1 of additional outpatient health care services.
2-2 (d) If the initial physical facility constructed under
2-3 Subsection (a) of this section is colocated with the Regional
2-4 Academic Health Center, the contract under this section must
2-5 specify that, to the maximum extent possible, that facility and the
2-6 Regional Academic Health Center must be designed and constructed
2-7 together to realize potential savings in construction costs and
2-8 long-term maintenance and operations costs by using common central
2-9 utility plants, cafeterias, laundry facilities, maintenance
2-10 facilities, and other support facilities. The board of regents of
2-11 The University of Texas System shall cooperate with the Texas
2-12 Department of Health to coordinate the structure and design of the
2-13 physical facilities of the facility constructed under Subsection
2-14 (a) of this section and the Regional Academic Health Center to
2-15 achieve a maximally efficient use of resources.
2-16 (e) Out of funds available to the Texas Department of Health
2-17 for that purpose, the department may contract for the construction
2-18 of additional physical facilities for outpatient health care
2-19 services, including outpatient tuberculosis services. One facility
2-20 may be located in McAllen, Texas, and another facility may be
2-21 located in Brownsville, Texas.
2-22 SECTION 2. OUTPATIENT HEALTH CARE SERVICES. (a) On
2-23 completion of the initial physical facility in Harlingen, Texas,
2-24 required by Section 1 of this Act, the provision of all outpatient
2-25 health care services, including outpatient tuberculosis services,
2-26 provided by the South Texas Hospital on the effective date of this
2-27 Act shall be transferred to that facility.
3-1 (b) The Texas Department of Health may contract with one or
3-2 more public or private health care providers or entities for the
3-3 management and operation of the physical facilities constructed
3-4 under Section 1 of this Act and for the provision of outpatient
3-5 health care services at those facilities.
3-6 SECTION 3. INPATIENT HEALTH CARE AND RELATED LABORATORY
3-7 SERVICES. Out of funds appropriated to the Texas Department of
3-8 Health to provide inpatient health care services, the department
3-9 shall contract with one or more public or private health care
3-10 providers or entities, including a political subdivision that is
3-11 located in the Rio Grande Valley region and is responsible for
3-12 providing health care services to its residents, for the provision
3-13 of inpatient health care services, including inpatient tuberculosis
3-14 services, and related laboratory services provided by the South
3-15 Texas Hospital on the effective date of this Act.
3-16 SECTION 4. INTERIM RENOVATION OF PHYSICAL FACILITIES OF
3-17 SOUTH TEXAS HOSPITAL. Out of funds appropriated to the department
3-18 for the purpose of this section, the Texas Department of Health
3-19 shall contract for minimally necessary structural and design
3-20 renovations to the physical facilities of the South Texas Hospital
3-21 required for compliance with Texas Accessibility Standards and the
3-22 federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
3-23 12101 et seq.), as amended, and for the continued operation of the
3-24 South Texas Hospital to provide outpatient health care services
3-25 until construction of the initial physical facility required by
3-26 Section 1 of this Act in Harlingen, Texas, for the provision of
3-27 those services is completed.
4-1 SECTION 5. FUTURE OF SOUTH TEXAS HOSPITAL. The Texas Board
4-2 of Health shall give the Texas Department of Mental Health and
4-3 Mental Retardation the first option to lease the current physical
4-4 facilities of the South Texas Hospital on completion of
4-5 construction of the initial physical facility required by Section 1
4-6 of this Act for outpatient health care services in Harlingen,
4-7 Texas, and after contracting providers or entities under Section 3
4-8 of this Act have begun providing inpatient health care and related
4-9 laboratory services. If the Texas Department of Mental Health and
4-10 Mental Retardation does not lease the facilities, the Texas Board
4-11 of Health shall study and prepare leasing and other options for
4-12 potential future uses of the facilities.
4-13 SECTION 6. CONTINUATION OF SUPPORT SERVICES. (a) If the
4-14 initial physical facility constructed as required by Section 1 of
4-15 this Act is colocated with the Regional Academic Health Center, the
4-16 Texas Department of Health and the Texas Department of Mental
4-17 Health and Mental Retardation shall enter into an interagency
4-18 contract to provide for the continuation of support services for
4-19 the facility operated by the Texas Department of Mental Health and
4-20 Mental Retardation that is colocated with the South Texas Hospital.
4-21 (b) The contract may include a provision requiring the Texas
4-22 Department of Health to continue providing employees for support
4-23 facilities at the site.
4-24 SECTION 7. DISPLACED EMPLOYEES OF SOUTH TEXAS HOSPITAL. (a)
4-25 Out of available funds appropriated to the Texas Department of
4-26 Health, the department shall reassign a member of the employee
4-27 class of the department who is employed at the South Texas Hospital
5-1 and whose position is displaced as a result of a contract entered
5-2 into by the Texas Department of Health under this Act or the
5-3 transfer of services from the South Texas Hospital to an open
5-4 position within the department in reasonable proximity to the South
5-5 Texas Hospital and for which the member is qualified. If
5-6 reassignment of a member of the employee class to another position
5-7 within the department is not possible, the department shall provide
5-8 job placement assistance to the member.
5-9 (b) A contract awarded by the Texas Department of Health
5-10 under this Act must include a provision that the contracting entity
5-11 shall offer an employee of the South Texas Hospital whose position
5-12 is displaced as a result of the contract a similar employment
5-13 position with the contracting entity before offering the position
5-14 to any other person if the contracting entity determines that the
5-15 displaced employee is qualified for the position.
5-16 SECTION 8. TIME FRAME. Not later than September 1, 2000,
5-17 the Texas Department of Health shall enter into the contracts
5-18 required by this Act.
5-19 SECTION 9. AMENDMENTS. (a) Subchapter B, Chapter 814,
5-20 Government Code, is amended by adding Section 814.1043 to read as
5-21 follows:
5-22 Sec. 814.1043. TEMPORARY SERVICE RETIREMENT OPTION FOR
5-23 MEMBERS EMPLOYED AT SOUTH TEXAS HOSPITAL. (a) This section
5-24 applies only to members of the employee class who are employed by
5-25 the Texas Department of Health at the South Texas Hospital on or
5-26 after the effective date of this section and on or before September
5-27 1, 2000, and who separate from state service during that time.
6-1 (b) A member described by Subsection (a) is eligible to
6-2 retire and receive a service retirement annuity if the member's age
6-3 and service credit, each increased by three years, would meet age
6-4 and service requirements for service retirement under Section
6-5 814.104(a) at the time the member separates from state service as
6-6 described by Subsection (a). The annuity of a person who retires
6-7 under this subsection is computed on the person's accrued service
6-8 credit increased by three years.
6-9 (c) A member described by Subsection (a) becomes eligible to
6-10 retire and receive a service retirement annuity on the date on
6-11 which the member would have met the age and service requirements
6-12 for service retirement under Section 814.104(a) had the member
6-13 remained employed by the state if, on the date of separation from
6-14 state service, the member's age and service credit, each increased
6-15 by five years, would meet age and service requirements for service
6-16 retirement under Section 814.104(a). The annuity of a person who
6-17 retires under this subsection is computed on the person's accrued
6-18 service credit.
6-19 (d) If a member described by Subsection (c) is reemployed by
6-20 the state before retirement, the time between the member's
6-21 separation from state service and reemployment may be used only to
6-22 compute eligibility for service retirement and may not be used to
6-23 compute the amount of any service retirement annuity.
6-24 (e) A member who applies to retire under this section and
6-25 the Texas Department of Health shall provide documentation required
6-26 by the retirement system to establish eligibility to retire under
6-27 this section.
7-1 (b) Section 13.003, Health and Safety Code, is amended to
7-2 read as follows:
7-3 Sec. 13.003. SERVICES AT SOUTH TEXAS HOSPITAL. (a) The
7-4 primary purpose of the South Texas Hospital is to provide inpatient
7-5 and outpatient services, either directly or by contract with one or
7-6 more public or private health care providers or entities, to the
7-7 residents of the Lower Rio Grande Valley.
7-8 (b) The board may establish at the South Texas Hospital:
7-9 (1) cancer screening;
7-10 (2) diagnostic services;
7-11 (3) educational services;
7-12 (4) obstetrical services;
7-13 (5) gynecological services; [and]
7-14 (6) other inpatient health care services; and
7-15 (7) outpatient health care services, including
7-16 diagnostic, treatment, disease management, and supportive care
7-17 services.
7-18 SECTION 10. This Act takes effect only if a specific
7-19 appropriation for the implementation of this Act is provided in
7-20 H.B. No. 1 (General Appropriations Act), Acts of the 76th
7-21 Legislature, Regular Session, 1999. If no specific appropriation
7-22 is provided in H.B. No. 1, the General Appropriations Act, this Act
7-23 has no effect.
7-24 SECTION 11. EMERGENCY. The importance of this legislation
7-25 and the crowded condition of the calendars in both houses create an
7-26 emergency and an imperative public necessity that the
7-27 constitutional rule requiring bills to be read on three several
8-1 days in each house be suspended, and this rule is hereby suspended,
8-2 and that this Act take effect and be in force from and after its
8-3 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3504 was passed by the House on April
27, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3504 on May 21, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3504 was passed by the Senate, with
amendments, on May 19, 1999, by the following vote: Yeas 29, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor