By Madla S.B. No. 632 76R2842 KLA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the long-range plan for the Texas Center for Infectious 1-3 Disease and the provision of tuberculosis and other health care 1-4 and laboratory services. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. RENOVATION OF PHYSICAL FACILITIES OF TEXAS CENTER 1-7 FOR INFECTIOUS DISEASE. The Texas Board of Health shall contract 1-8 for the renovation of the physical facilities of the Texas Center 1-9 for Infectious Disease. The contract must specify that the 1-10 renovations include structural and design changes required for: 1-11 (1) reaccreditation during 1999 by the Joint 1-12 Commission on Accreditation of Health Care Organizations; 1-13 (2) compliance with Texas accessibility standards and 1-14 the federal Americans with Disabilities Act of 1990 (42 U.S.C. 1-15 Section 12101 et seq.), as amended; and 1-16 (3) the continued operation of the Texas Center for 1-17 Infectious Disease to provide all tuberculosis and other health 1-18 care services and women's health laboratory services that are 1-19 provided at the center on the effective date of this Act. 1-20 SECTION 2. TUBERCULOSIS AND OTHER HEALTH CARE SERVICES. The 1-21 Texas Board of Health shall contract with the board of regents of 1-22 The University of Texas System to provide all tuberculosis and 1-23 other health care services at the Texas Center for Infectious 1-24 Disease that are provided at the center on the effective date of 2-1 this Act. 2-2 SECTION 3. TUBERCULOSIS RESEARCH LABORATORY. (a) The board 2-3 of regents of The University of Texas System shall contract for the 2-4 construction of physical facilities for a tuberculosis research 2-5 laboratory located at The University of Texas Health Science Center 2-6 at San Antonio to replace the laboratory located at the Texas 2-7 Center for Infectious Disease using funds appropriated to The 2-8 University of Texas System for that purpose. 2-9 (b) The contract must specify that the physical facilities 2-10 be constructed to provide all tuberculosis laboratory services 2-11 provided on the effective date of this Act by the tuberculosis 2-12 research laboratory located at the Texas Center for Infectious 2-13 Disease. 2-14 (c) The board of regents of The University of Texas System 2-15 shall manage and operate the tuberculosis research laboratory at 2-16 The University of Texas Health Science Center at San Antonio. 2-17 (d) The Texas Board of Health and the board of regents of 2-18 The University of Texas System shall adopt a joint memorandum of 2-19 understanding to facilitate and coordinate the transfer of the 2-20 tuberculosis research laboratory services from the Texas Center for 2-21 Infectious Disease to The University of Texas Health Science Center 2-22 at San Antonio. The memorandum shall coordinate the transfer of 2-23 tuberculosis research laboratory employees from the Texas 2-24 Department of Health to The University of Texas System if any 2-25 employees are to be transferred, as determined by The University of 2-26 Texas System. 2-27 (e) The Texas Board of Health and the board of regents of 3-1 The University of Texas System by rule shall adopt the memorandum 3-2 of understanding. 3-3 (f) On a date provided by the memorandum of understanding 3-4 between the Texas Board of Health and the board of regents of The 3-5 University of Texas System: 3-6 (1) the tuberculosis research laboratory at the Texas 3-7 Center for Infectious Disease shall close; 3-8 (2) all powers, duties, functions, programs, and 3-9 activities of the Texas Department of Health that relate to the 3-10 management or operation of the tuberculosis research laboratory at 3-11 the Texas Center for Infectious Disease are transferred to The 3-12 University of Texas System and the tuberculosis research laboratory 3-13 at The University of Texas Health Science Center at San Antonio, as 3-14 appropriate; 3-15 (3) all obligations, rights, contracts, records, and 3-16 property in the custody of the Texas Department of Health that 3-17 relate to the management or operation of the tuberculosis research 3-18 laboratory at the Texas Center for Infectious Disease and all funds 3-19 appropriated by the legislature to the Texas Department of Health 3-20 that relate to the management or operation of the tuberculosis 3-21 research laboratory are transferred to The University of Texas 3-22 System; and 3-23 (4) a reference in law to the Texas Department of 3-24 Health or the Texas Board of Health that relates to the management 3-25 or operation of the tuberculosis research laboratory means The 3-26 University of Texas System or The University of Texas Health 3-27 Science Center at San Antonio, as appropriate. 4-1 (g) After a transfer occurs, a rule, policy, procedure, 4-2 decision, or form adopted by the Texas Department of Health that 4-3 relates to the management or operation of the tuberculosis research 4-4 laboratory at the Texas Center for Infectious Disease is a rule, 4-5 policy, procedure, decision, or form of the board of regents of The 4-6 University of Texas System for the management or operation of the 4-7 tuberculosis research laboratory at The University of Texas Health 4-8 Science Center at San Antonio and remains in effect until altered 4-9 by the board. The secretary of state may adopt rules as necessary 4-10 to expedite the implementation of this subsection. 4-11 SECTION 4. STATEWIDE COORDINATION OF MEDICAL MANAGEMENT OF 4-12 TUBERCULOSIS. The Texas Board of Health may contract with the 4-13 board of regents of The University of Texas System for the 4-14 coordination of medical management of tuberculosis throughout this 4-15 state by The University of Texas Health Science Center at Tyler. 4-16 The contract may include a requirement that the statewide 4-17 coordination of medical management of tuberculosis include: 4-18 (1) providing a full-time medical director to direct 4-19 the provision of tuberculosis health care services; 4-20 (2) managing a state tuberculosis education center; 4-21 and 4-22 (3) for all health care facilities operated by the 4-23 Texas Department of Health that provide tuberculosis health care 4-24 services: 4-25 (A) credentialling of medical directors of 4-26 tuberculosis programs; 4-27 (B) providing tuberculosis education, medical 5-1 consultations, including telemedical consultations, and oversight 5-2 of and protocols for inpatient tuberculosis management; and 5-3 (C) determining appropriate placement of 5-4 tuberculosis patients. 5-5 SECTION 5. AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE 5-6 DISEASE PATIENTS. (a) The Texas Department of Health, in 5-7 cooperation with the office of the governor, shall collaborate with 5-8 the United States Immigration and Naturalization Service to develop 5-9 a formal agreement regarding transportation of communicable disease 5-10 patients through Immigration and Naturalization Service checkpoints 5-11 to the Texas Center for Infectious Disease. 5-12 (b) The Texas Department of Health shall report the status 5-13 of negotiations and a summary of the department's activities 5-14 relating to the agreement required by this section to the 77th 5-15 Texas Legislature. 5-16 SECTION 6. DISPLACED EMPLOYEES OF TEXAS CENTER FOR 5-17 INFECTIOUS DISEASE. (a) To the extent possible out of available 5-18 funds appropriated to the Texas Department of Health, the 5-19 department shall reassign a member of the employee class of the 5-20 department who is employed at the Texas Center for Infectious 5-21 Disease to an open position within the department for which the 5-22 member is qualified if the member's employment position is 5-23 displaced as a result of: 5-24 (1) a contract entered into by the Texas Department of 5-25 Health under this Act; or 5-26 (2) the transfer of the tuberculosis research 5-27 laboratory from the Texas Center for Infectious Disease to The 6-1 University of Texas Health Science Center at San Antonio. 6-2 (b) A contract entered into by the Texas Department of 6-3 Health with the board of regents of The University of Texas System 6-4 under this Act must include a requirement that, to the maximum 6-5 extent possible as determined by The University of Texas System, 6-6 The University of Texas System offer an employee of the Texas 6-7 Center for Infectious Disease whose position is displaced as a 6-8 result of the contract a similar employment position with The 6-9 University of Texas System. 6-10 SECTION 7. SCHEDULE. (a) Not later than January 1, 2000, 6-11 the Texas Board of Health shall enter into the contracts required 6-12 by this Act. 6-13 (b) Not later than January 1, 2000, The University of Texas 6-14 System shall enter into the contract required by Section 3 of this 6-15 Act. 6-16 (c) Not later than January 1, 2000, the Texas Board of 6-17 Health and the board of regents of The University of Texas System 6-18 shall adopt the joint memorandum of understanding required by 6-19 Section 4 of this Act. 6-20 SECTION 8. AMENDMENT. Subchapter B, Chapter 814, Government 6-21 Code, is amended by adding Section 814.1042 to read as follows: 6-22 Sec. 814.1042. TEMPORARY SERVICE RETIREMENT OPTION FOR 6-23 MEMBERS AFFECTED BY CONTRACTS ENTERED INTO BY TEXAS DEPARTMENT OF 6-24 HEALTH. (a) This section applies only to members of the employee 6-25 class whose positions with the Texas Department of Health at the 6-26 Texas Center for Infectious Disease are eliminated and who separate 6-27 from state service as a result of: 7-1 (1) a contract with the board of regents of The 7-2 University of Texas System entered into on or after the effective 7-3 date of this section and on or before January 1, 2000; or 7-4 (2) the transfer of the tuberculosis research 7-5 laboratory to The University of Texas Health Science Center at San 7-6 Antonio. 7-7 (b) A member described by Subsection (a) is eligible to 7-8 retire and receive a service retirement annuity if the member's age 7-9 and service credit, each increased by three years, would meet age 7-10 and service requirements for service retirement under Section 7-11 814.104(a) at the time the member separates from state service as 7-12 described by Subsection (a). The annuity of a person who retires 7-13 under this subsection is computed on the person's accrued service 7-14 credit increased by three years. 7-15 (c) A member described by Subsection (a) becomes eligible 7-16 to retire and receive a service retirement annuity on the date on 7-17 which the member would have met the age and service requirements 7-18 for service retirement under Section 814.104(a) had the member 7-19 remained employed by the state if, on the date of separation from 7-20 state service, the member's age and service credit, each increased 7-21 by five years, would meet age and service requirements for service 7-22 retirement under Section 814.104(a). The annuity of a person who 7-23 retires under this subsection is computed on the person's accrued 7-24 service credit. 7-25 (d) If a member described by Subsection (c) is reemployed by 7-26 the state before retirement, the time between the member's 7-27 separation from state service and reemployment may be used only to 8-1 compute eligibility for service retirement and may not be used to 8-2 compute the amount of any service retirement annuity. 8-3 (e) A member who applies to retire under this section and 8-4 the Texas Department of Health shall provide documentation required 8-5 by the retirement system to establish eligibility to retire under 8-6 this section. 8-7 (f) This section applies only to positions eliminated on or 8-8 after the effective date of this section. 8-9 SECTION 9. EMERGENCY. The importance of this legislation 8-10 and the crowded condition of the calendars in both houses create an 8-11 emergency and an imperative public necessity that the 8-12 constitutional rule requiring bills to be read on three several 8-13 days in each house be suspended, and this rule is hereby suspended, 8-14 and that this Act take effect and be in force from and after its 8-15 passage, and it is so enacted.