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.