1-1 By: Solis of Cameron (Senate Sponsor - Lucio) H.B. No. 3504
1-2 (In the Senate - Received from the House April 28, 1999;
1-3 April 29, 1999, read first time and referred to Committee on Health
1-4 Services; May 14, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 5, Nays 0;
1-6 May 14, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3504 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the long-range plan for the South Texas Hospital and
1-11 the provision of tuberculosis and other health care services in the
1-12 Lower Rio Grande Valley.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. CONSTRUCTION OF NEW PHYSICAL FACILITIES FOR
1-15 OUTPATIENT HEALTH CARE SERVICES. (a) The Texas Department of
1-16 Health shall contract for the construction of an initial, new
1-17 physical facility for outpatient health care services out of funds
1-18 appropriated to the department for that purpose.
1-19 (b) The initial physical facility constructed under
1-20 Subsection (a) of this section must be:
1-21 (1) located at the site of the South Texas Hospital in
1-22 Harlingen, Texas; or
1-23 (2) colocated with the initial site of the Regional
1-24 Academic Health Center at a common site in Harlingen, Texas, and
1-25 adjacent to the center.
1-26 (c) The contract under Subsection (a) of this section for
1-27 the construction of the initial physical facility in Harlingen,
1-28 Texas, must specify that the physical facility be designed and
1-29 constructed to allow for the provision of all outpatient health
1-30 care services, including outpatient tuberculosis services, provided
1-31 at the South Texas Hospital on the effective date of this Act. The
1-32 facility may be designed and constructed to allow for the provision
1-33 of additional outpatient health care services.
1-34 (d) If the initial physical facility constructed under
1-35 Subsection (a) of this section is colocated with the Regional
1-36 Academic Health Center, the contract under this section must
1-37 specify that, to the maximum extent possible, that facility and the
1-38 Regional Academic Health Center must be designed and constructed
1-39 together to realize potential savings in construction costs and
1-40 long-term maintenance and operations costs by using common central
1-41 utility plants, cafeterias, laundry facilities, maintenance
1-42 facilities, and other support facilities. The board of regents of
1-43 The University of Texas System shall cooperate with the Texas
1-44 Department of Health to coordinate the structure and design of the
1-45 physical facilities of the facility constructed under Subsection
1-46 (a) of this section and the Regional Academic Health Center to
1-47 achieve a maximally efficient use of resources.
1-48 (e) Out of funds available to the Texas Department of Health
1-49 for that purpose, the department may contract for the construction
1-50 of additional physical facilities for outpatient health care
1-51 services, including outpatient tuberculosis services. One facility
1-52 may be located in McAllen, Texas, and another facility may be
1-53 located in Brownsville, Texas.
1-54 SECTION 2. OUTPATIENT HEALTH CARE SERVICES. (a) On
1-55 completion of the initial physical facility in Harlingen, Texas,
1-56 required by Section 1 of this Act, the provision of all outpatient
1-57 health care services, including outpatient tuberculosis services,
1-58 provided by the South Texas Hospital on the effective date of this
1-59 Act shall be transferred to that facility.
1-60 (b) The Texas Department of Health may contract with one or
1-61 more public or private health care providers or entities for the
1-62 management and operation of the physical facilities constructed
1-63 under Section 1 of this Act and for the provision of outpatient
1-64 health care services at those facilities.
2-1 SECTION 3. INPATIENT HEALTH CARE AND RELATED LABORATORY
2-2 SERVICES. Out of funds appropriated to the Texas Department of
2-3 Health to provide inpatient health care services, the department
2-4 shall contract with one or more public or private health care
2-5 providers or entities, including a political subdivision that is
2-6 located in the Rio Grande Valley region and is responsible for
2-7 providing health care services to its residents, for the provision
2-8 of inpatient health care services, including inpatient tuberculosis
2-9 services, and related laboratory services provided by the South
2-10 Texas Hospital on the effective date of this Act.
2-11 SECTION 4. INTERIM RENOVATION OF PHYSICAL FACILITIES OF
2-12 SOUTH TEXAS HOSPITAL. Out of funds appropriated to the department
2-13 for the purpose of this section, the Texas Department of Health
2-14 shall contract for minimally necessary structural and design
2-15 renovations to the physical facilities of the South Texas Hospital
2-16 required for compliance with Texas Accessibility Standards and the
2-17 federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
2-18 12101 et seq.), as amended, and for the continued operation of the
2-19 South Texas Hospital to provide outpatient health care services
2-20 until construction of the initial physical facility required by
2-21 Section 1 of this Act in Harlingen, Texas, for the provision of
2-22 those services is completed.
2-23 SECTION 5. FUTURE OF SOUTH TEXAS HOSPITAL. The Texas Board
2-24 of Health shall give the Texas Department of Mental Health and
2-25 Mental Retardation the first option to lease the current physical
2-26 facilities of the South Texas Hospital on completion of
2-27 construction of the initial physical facility required by Section 1
2-28 of this Act for outpatient health care services in Harlingen,
2-29 Texas, and after contracting providers or entities under Section 3
2-30 of this Act have begun providing inpatient health care and related
2-31 laboratory services. If the Texas Department of Mental Health and
2-32 Mental Retardation does not lease the facilities, the Texas Board
2-33 of Health shall study and prepare leasing and other options for
2-34 potential future uses of the facilities.
2-35 SECTION 6. CONTINUATION OF SUPPORT SERVICES. (a) If the
2-36 initial physical facility constructed as required by Section 1 of
2-37 this Act is colocated with the Regional Academic Health Center, the
2-38 Texas Department of Health and the Texas Department of Mental
2-39 Health and Mental Retardation shall enter into an interagency
2-40 contract to provide for the continuation of support services for
2-41 the facility operated by the Texas Department of Mental Health and
2-42 Mental Retardation that is colocated with the South Texas Hospital.
2-43 (b) The contract may include a provision requiring the Texas
2-44 Department of Health to continue providing employees for support
2-45 facilities at the site.
2-46 SECTION 7. DISPLACED EMPLOYEES OF SOUTH TEXAS HOSPITAL.
2-47 (a) Out of available funds appropriated to the Texas Department of
2-48 Health, the department shall reassign a member of the employee
2-49 class of the department who is employed at the South Texas Hospital
2-50 and whose position is displaced as a result of a contract entered
2-51 into by the Texas Department of Health under this Act or the
2-52 transfer of services from the South Texas Hospital to an open
2-53 position within the department in reasonable proximity to the South
2-54 Texas Hospital and for which the member is qualified. If
2-55 reassignment of a member of the employee class to another position
2-56 within the department is not possible, the department shall provide
2-57 job placement assistance to the member.
2-58 (b) A contract awarded by the Texas Department of Health
2-59 under this Act must include a provision that the contracting entity
2-60 shall offer an employee of the South Texas Hospital whose position
2-61 is displaced as a result of the contract a similar employment
2-62 position with the contracting entity before offering the position
2-63 to any other person if the contracting entity determines that the
2-64 displaced employee is qualified for the position.
2-65 SECTION 8. TIME FRAME. Not later than September 1, 2000,
2-66 the Texas Department of Health shall enter into the contracts
2-67 required by this Act.
2-68 SECTION 9. AMENDMENTS. (a) Subchapter B, Chapter 814,
2-69 Government Code, is amended by adding Section 814.1043 to read as
3-1 follows:
3-2 Sec. 814.1043. TEMPORARY SERVICE RETIREMENT OPTION FOR
3-3 MEMBERS EMPLOYED AT SOUTH TEXAS HOSPITAL. (a) This section
3-4 applies only to members of the employee class who are employed by
3-5 the Texas Department of Health at the South Texas Hospital on or
3-6 after the effective date of this section and on or before September
3-7 1, 2000, and who separate from state service during that time.
3-8 (b) A member described by Subsection (a) is eligible to
3-9 retire and receive a service retirement annuity if the member's age
3-10 and service credit, each increased by three years, would meet age
3-11 and service requirements for service retirement under Section
3-12 814.104(a) at the time the member separates from state service as
3-13 described by Subsection (a). The annuity of a person who retires
3-14 under this subsection is computed on the person's accrued service
3-15 credit increased by three years.
3-16 (c) A member described by Subsection (a) becomes eligible to
3-17 retire and receive a service retirement annuity on the date on
3-18 which the member would have met the age and service requirements
3-19 for service retirement under Section 814.104(a) had the member
3-20 remained employed by the state if, on the date of separation from
3-21 state service, the member's age and service credit, each increased
3-22 by five years, would meet age and service requirements for service
3-23 retirement under Section 814.104(a). The annuity of a person who
3-24 retires under this subsection is computed on the person's accrued
3-25 service credit.
3-26 (d) If a member described by Subsection (c) is reemployed by
3-27 the state before retirement, the time between the member's
3-28 separation from state service and reemployment may be used only to
3-29 compute eligibility for service retirement and may not be used to
3-30 compute the amount of any service retirement annuity.
3-31 (e) A member who applies to retire under this section and
3-32 the Texas Department of Health shall provide documentation required
3-33 by the retirement system to establish eligibility to retire under
3-34 this section.
3-35 (b) Section 13.003, Health and Safety Code, is amended to
3-36 read as follows:
3-37 Sec. 13.003. SERVICES AT SOUTH TEXAS HOSPITAL. (a) The
3-38 primary purpose of the South Texas Hospital is to provide inpatient
3-39 and outpatient services, either directly or by contract with one or
3-40 more public or private health care providers or entities, to the
3-41 residents of the Lower Rio Grande Valley.
3-42 (b) The board may establish at the South Texas Hospital:
3-43 (1) cancer screening;
3-44 (2) diagnostic services;
3-45 (3) educational services;
3-46 (4) obstetrical services;
3-47 (5) gynecological services; [and]
3-48 (6) other inpatient health care services; and
3-49 (7) outpatient health care services, including
3-50 diagnostic, treatment, disease management, and supportive care
3-51 services.
3-52 SECTION 10. This Act takes effect only if a specific
3-53 appropriation for the implementation of this Act is provided in
3-54 H.B. No. 1 (General Appropriations Act), Acts of the 76th
3-55 Legislature, Regular Session, 1999. If no specific appropriation
3-56 is provided in H.B. No. 1, the General Appropriations Act, this Act
3-57 has no effect.
3-58 SECTION 11. EMERGENCY. The importance of this legislation
3-59 and the crowded condition of the calendars in both houses create an
3-60 emergency and an imperative public necessity that the
3-61 constitutional rule requiring bills to be read on three several
3-62 days in each house be suspended, and this rule is hereby suspended,
3-63 and that this Act take effect and be in force from and after its
3-64 passage, and it is so enacted.
3-65 * * * * *