1-1     By:  Madla                                             S.B. No. 632
 1-2           (In the Senate - Filed February 22, 1999; February 23, 1999,
 1-3     read first time and referred to Committee on Health Services;
 1-4     March 25, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 25, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 632                    By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the long-range plan for the Texas Center for Infectious
1-11     Disease and the provision of tuberculosis and communicable
1-12     infectious disease health care and laboratory services.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  RENOVATION OR CONSTRUCTION OF PHYSICAL FACILITIES
1-15     OF TEXAS CENTER FOR INFECTIOUS DISEASE.  (a)  The Texas Board of
1-16     Health shall contract for:
1-17                 (1)  renovation of the existing physical facilities of
1-18     the Texas Center for Infectious Disease; or
1-19                 (2)  construction of new physical facilities for the
1-20     Texas Center for Infectious Disease.
1-21           (b)  If the Texas Board of Health contracts for the
1-22     renovation of the existing physical facilities under Subdivision
1-23     (1), Subsection (a)  of this section, the contract must specify
1-24     that the renovations include structural and design changes required
1-25     for:
1-26                 (1)  reaccreditation during 1999 by the Joint
1-27     Commission on Accreditation of Healthcare Organizations;
1-28                 (2)  compliance with Texas accessibility standards and
1-29     the federal Americans with Disabilities Act of 1990 (42 U.S.C.
1-30     Section 12101 et seq.), as amended; and
1-31                 (3)  the continued operation of the Texas Center for
1-32     Infectious Disease to provide all tuberculosis health care
1-33     services, communicable infectious disease health care services, as
1-34     designated by the commissioner of public health, and women's health
1-35     laboratory services that are provided at the center on the
1-36     effective date of this Act, except for those services that the
1-37     board contracts to be provided at another health care facility.
1-38           (c)  If the Texas Board of Health contracts for the
1-39     construction of new physical facilities under Subdivision (2),
1-40     Subsection (a) of this section, the board shall:
1-41                 (1)  ensure that the facilities are constructed to
1-42     allow for the provision of all tuberculosis health care services,
1-43     communicable infectious disease health care services, as designated
1-44     by the commissioner of public health, and women's health laboratory
1-45     services that are provided at the center on the effective date of
1-46     this Act, except for those services that the board contracts to be
1-47     provided at another health care facility; and
1-48                 (2)  contract for minimally necessary structural and
1-49     design renovations to the existing physical facilities required
1-50     for:
1-51                       (A)  reaccreditation during 1999 by the Joint
1-52     Commission on Accreditation of Healthcare Organizations;
1-53                       (B)  compliance with Texas accessibility
1-54     standards and the federal Americans with Disabilities Act of 1990
1-55     (42 U.S.C. Section 12101 et seq.), as amended; and
1-56                       (C)  the continued operation of the existing
1-57     facilities until construction of new facilities is completed.
1-58           SECTION 2.  TUBERCULOSIS AND COMMUNICABLE INFECTIOUS DISEASE
1-59     HEALTH CARESERVICES.  The Texas Board of Health may contract with
1-60     the board of regents of The University of Texas System or any other
1-61     public or private health care entity or provider to provide
1-62     physicians or other health care professionals who will provide
1-63     tuberculosis health care services and communicable infectious
1-64     disease health care services, as designated by the commissioner of
 2-1     public health, at the Texas Center for Infectious Disease or at
 2-2     another health care facility in proximity to the center.
 2-3           SECTION 3.  MYCOBACTERIAL-MYCOLOGY RESEARCH LABORATORY.
 2-4     (a)  The board of regents of The University of Texas System shall
 2-5     construct physical facilities for a mycobacterial-mycology research
 2-6     laboratory located at The University of Texas Health Science Center
 2-7     at San Antonio to replace the laboratory located at the Texas
 2-8     Center for Infectious Disease using funds appropriated to The
 2-9     University of Texas System for that purpose.
2-10           (b)  The physical facilities constructed under Subsection (a)
2-11     of this section must be adequate for the provision of all
2-12     mycobacterial-mycology laboratory services provided on the
2-13     effective date of this Act by the mycobacterial-mycology research
2-14     laboratory located at the Texas Center for Infectious Disease.
2-15           (c)  The board of regents of The University of Texas System
2-16     shall manage and operate the mycobacterial-mycology research
2-17     laboratory at The University of Texas Health Science Center at San
2-18     Antonio.
2-19           (d)  The Texas Board of Health and the board of regents of
2-20     The University of Texas System shall adopt a joint memorandum of
2-21     understanding to facilitate and coordinate the transfer of the
2-22     mycobacterial-mycology research laboratory services from the Texas
2-23     Center for Infectious Disease to The University of Texas Health
2-24     Science Center at San Antonio.  The memorandum shall coordinate the
2-25     transfer of mycobacterial-mycology research laboratory employees
2-26     from the Texas Department of Health to The University of Texas
2-27     System.
2-28           (e)  The Texas Board of Health and the board of regents of
2-29     The University of Texas System shall adopt the memorandum of
2-30     understanding.
2-31           (f)  On a date provided by the memorandum of understanding
2-32     between the Texas Board of Health and the board of regents of The
2-33     University of Texas System:
2-34                 (1)  the mycobacterial-mycology research laboratory at
2-35     the Texas Center for Infectious Disease shall close;
2-36                 (2)  all powers, duties, functions, programs, and
2-37     activities of the Texas Department of Health that relate to the
2-38     management or operation of the mycobacterial-mycology research
2-39     laboratory at the Texas Center for Infectious Disease are
2-40     transferred to The University of Texas System and the
2-41     mycobacterial-mycology research laboratory at The University of
2-42     Texas Health Science Center at San Antonio, as appropriate;
2-43                 (3)  all rights, contracts, records, and property in
2-44     the custody of the Texas Department of Health that relate to the
2-45     management or operation of the mycobacterial-mycology research
2-46     laboratory at the Texas Center for Infectious Disease and all funds
2-47     appropriated by the legislature to the Texas Department of Health
2-48     that relate to the management or operation of the
2-49     mycobacterial-mycology research laboratory are transferred to The
2-50     University of Texas System; and
2-51                 (4)  a reference in law to the Texas Department of
2-52     Health or the Texas Board of Health that relates to the management
2-53     or operation of the mycobacterial-mycology research laboratory
2-54     means The University of Texas System or The University of Texas
2-55     Health Science Center at San Antonio, as appropriate.
2-56           (g)  Before a transfer occurs, the board of regents of The
2-57     University of Texas System shall adopt rules and regulations
2-58     necessary for the operation, control, and management of the
2-59     mycobacterial-mycology research laboratory at The University of
2-60     Texas Health Science Center at San Antonio that will take effect
2-61     when the transfer occurs.
2-62           SECTION 4.  STATEWIDE COORDINATION OF MEDICAL MANAGEMENT OF
2-63     TUBERCULOSIS.  The Texas Board of Health shall contract with the
2-64     board of regents of The University of Texas System for the
2-65     coordination of medical management of tuberculosis throughout this
2-66     state by The University of Texas Health Science Center at Tyler.
2-67     The contract may require that the statewide coordination of medical
2-68     management of tuberculosis include:
2-69                 (1)  providing a full-time medical director to direct
 3-1     the provision of tuberculosis health care services;
 3-2                 (2)  managing a state tuberculosis education center;
 3-3     and
 3-4                 (3)  for all health care facilities operated by the
 3-5     Texas Department of Health that provide tuberculosis health care
 3-6     services:
 3-7                       (A)  credentialing of medical directors of
 3-8     tuberculosis programs;
 3-9                       (B)  providing tuberculosis education, medical
3-10     consultations, including telemedical consultations, and oversight
3-11     of and protocols for inpatient tuberculosis management; and
3-12                       (C)  determining appropriate placement of
3-13     tuberculosis patients.
3-14           SECTION 5.  AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE
3-15     DISEASE PATIENTS.  (a)  The Texas Department of Health, in
3-16     cooperation with the office of the governor, shall collaborate with
3-17     the United States Immigration and Naturalization Service to develop
3-18     a formal agreement regarding transportation of communicable disease
3-19     patients through Immigration and Naturalization Service checkpoints
3-20     to the Texas Center for Infectious Disease.
3-21           (b)  The Texas Department of Health shall report the status
3-22     of negotiations and a summary of the department's activities
3-23     relating to the agreement required by this section to the 77th
3-24     Texas Legislature.
3-25           SECTION 6.  DISPLACED EMPLOYEES OF TEXAS CENTER FOR
3-26     INFECTIOUS DISEASE.  (a)  To the extent possible out of available
3-27     funds appropriated to the Texas Department of Health, the
3-28     department shall reassign a member of the employee class of the
3-29     department who is employed at the Texas Center for Infectious
3-30     Disease to an open position within the department for which the
3-31     member is qualified if the member's employment position is
3-32     displaced as a result of:
3-33                 (1)  a contract entered into by the Texas Department of
3-34     Health under this Act; or
3-35                 (2)  the transfer of the mycobacterial-mycology
3-36     research laboratory from the Texas Center for Infectious Disease to
3-37     The University of Texas Health Science Center at San Antonio.
3-38           (b)  A contract entered into by the Texas Department of
3-39     Health with the board of regents of The University of Texas System
3-40     or any other health care entity or provider under this Act must
3-41     include a requirement that, to the maximum extent possible as
3-42     determined by the contracting party, the contracting party offer an
3-43     employee of the Texas Center for Infectious Disease whose position
3-44     is displaced as a result of the contract a similar employment
3-45     position with the contracting party.
3-46           SECTION 7.  FUTURE USE OF EXISTING FACILITIES.  If the Texas
3-47     Board of Health contracts for the construction of new physical
3-48     facilities for the Texas Center for Infectious Disease under
3-49     Section 1 of this Act, the board and the General Services
3-50     Commission shall collaborate to prepare leasing and other options
3-51     for potential future uses of the existing physical facilities on
3-52     completion of construction of the new physical facilities.
3-53           SECTION 8.  SCHEDULE.  (a)  Not later than September 1, 2000,
3-54     the Texas Board of Health shall enter into the contracts required
3-55     by this Act.
3-56           (b)  Not later than September 1, 2000, The University of
3-57     Texas System shall enter into a contract for the construction of
3-58     physical facilities for the research laboratory required by Section
3-59     3 of this Act.
3-60           (c)  Not later than September 1, 2000, the Texas Board of
3-61     Health and the board of regents of The University of Texas System
3-62     shall adopt the joint memorandum of understanding required by
3-63     Section 3 of this Act.
3-64           SECTION 9.  AMENDMENT.  Subchapter B, Chapter 814, Government
3-65     Code, is amended by adding Section 814.1042 to read as follows:
3-66           Sec. 814.1042.  TEMPORARY SERVICE RETIREMENT OPTION FOR
3-67     MEMBERS AFFECTED BY CONTRACTS ENTERED INTO BY TEXAS DEPARTMENT OF
3-68     HEALTH.  (a)  This section applies only to members of the employee
3-69     class whose positions with the Texas Department of Health at the
 4-1     Texas Center for Infectious Disease are eliminated and who separate
 4-2     from state service as a result of:
 4-3                 (1)  a contract with the board of regents of The
 4-4     University of Texas System or any other health care entity or
 4-5     provider entered into on or after the effective date of this
 4-6     section and on or before September 1, 2000; or
 4-7                 (2)  the transfer of the mycobacterial-mycology
 4-8     research laboratory to The University of Texas Health Science
 4-9     Center at San Antonio.
4-10           (b)  A member described by Subsection (a) is eligible to
4-11     retire and receive a service retirement annuity if the member's age
4-12     and service credit, each increased by three years, would meet age
4-13     and service requirements for service retirement under Section
4-14     814.104(a) at the time the member separates from state service as
4-15     described by Subsection (a).  The annuity of a person who retires
4-16     under this subsection is computed on the person's accrued service
4-17     credit increased by three years.
4-18           (c)  A member described by Subsection (a) becomes eligible to
4-19     retire and receive a service retirement annuity on the date on
4-20     which the member would have met the age and service requirements
4-21     for service retirement under Section 814.104(a) had the member
4-22     remained employed by the state if, on the date of separation from
4-23     state service, the member's age and service credit, each increased
4-24     by five years, would meet age and service requirements for service
4-25     retirement under Section 814.104(a).  The annuity of a person who
4-26     retires under this subsection is computed on the person's accrued
4-27     service credit.
4-28           (d)  If a member described by Subsection (c) is reemployed by
4-29     the state before retirement, the time between the member's
4-30     separation from state service and reemployment may be used only to
4-31     compute eligibility for service retirement and may not be used to
4-32     compute the amount of any service retirement annuity.
4-33           (e)  A member who applies to retire under this section and
4-34     the Texas Department of Health shall provide documentation required
4-35     by the retirement system to establish eligibility to retire under
4-36     this section.
4-37           (f)  This section applies only to positions eliminated on or
4-38     after the effective date of this section.
4-39           SECTION 10.  EMERGENCY.  The importance of this legislation
4-40     and the crowded condition of the calendars in both houses create an
4-41     emergency and an imperative public necessity that the
4-42     constitutional rule requiring bills to be read on three several
4-43     days in each house be suspended, and this rule is hereby suspended,
4-44     and that this Act take effect and be in force from and after its
4-45     passage, and it is so enacted.
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