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.