By Lucio S.B. No. 1614
76R8792 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the long-range plan for the South Texas Hospital and
1-3 the provision of tuberculosis and other health care services in the
1-4 Lower Rio Grande Valley.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CONSTRUCTION OF NEW PHYSICAL FACILITY FOR
1-7 OUTPATIENT HEALTH CARE SERVICES. (a) The Texas Department of
1-8 Health shall contract for the construction of a new physical
1-9 facility for outpatient health care services out of funds
1-10 appropriated to the department for that purpose. The physical
1-11 facility must be:
1-12 (1) located at the site of the South Texas Hospital;
1-13 or
1-14 (2) colocated with the Regional Academic Health Center
1-15 at a common site in Harlingen, Texas, and adjacent to the center.
1-16 (b) The contract under this section must specify that the
1-17 physical facility be designed and constructed to allow for the
1-18 provision of all outpatient health care services, including
1-19 outpatient tuberculosis services, provided at the South Texas
1-20 Hospital on the effective date of this Act.
1-21 (c) If the physical facility constructed under Subsection
1-22 (a) of this section is colocated with the Regional Academic Health
1-23 Center, the contract under this section must specify that, to the
1-24 maximum extent possible, that facility and the Regional Academic
2-1 Health Center must be designed and constructed together to realize
2-2 potential savings in construction costs and long-term maintenance
2-3 and operations costs by using common central utility plants,
2-4 cafeterias, laundry facilities, maintenance facilities, and other
2-5 support facilities. The board of regents of The University of
2-6 Texas System shall cooperate with the Texas Department of Health to
2-7 coordinate the structure and design of the physical facilities of
2-8 the facility constructed under Subsection (a) of this section and
2-9 the Regional Academic Health Center to achieve a maximally
2-10 efficient use of resources.
2-11 SECTION 2. OUTPATIENT HEALTH CARE SERVICES. (a) On
2-12 completion of a new physical facility required by Section 1 of this
2-13 Act, the provision of all outpatient health care services,
2-14 including outpatient tuberculosis services, provided by the South
2-15 Texas Hospital on the effective date of this Act shall be
2-16 transferred to the new physical facility.
2-17 (b) The Texas Department of Health may contract with a
2-18 political subdivision for the management and operation of the
2-19 physical facility constructed under Section 1 of this Act and for
2-20 the provision of outpatient health care services at the facility.
2-21 SECTION 3. INPATIENT HEALTH CARE AND LABORATORY SERVICES.
2-22 (a) Out of funds appropriated to the Texas Department of Health
2-23 to provide inpatient health care services, the department shall
2-24 contract with any public or private health care provider or entity
2-25 for the provision of inpatient health care services, including
2-26 inpatient tuberculosis services, and laboratory services provided
2-27 by the South Texas Hospital on the effective date of this Act.
3-1 (b) After entering into contracts required by Subsection (a)
3-2 of this section, the South Texas Hospital shall cease to provide
3-3 inpatient health care services.
3-4 SECTION 4. INTERIM RENOVATION OF PHYSICAL FACILITIES OF THE
3-5 SOUTH TEXAS HOSPITAL. Out of funds appropriated to the department
3-6 for the purpose of this section, the Texas Department of Health
3-7 shall contract for minimally necessary structural and design
3-8 renovations to the physical facilities of the South Texas Hospital
3-9 required for reaccreditation during 1999 by the Joint Commission on
3-10 Accreditation of Healthcare Organizations, required for compliance
3-11 with Texas Accessibility Standards and the federal Americans with
3-12 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), as
3-13 amended, and required for the continued operation of the South
3-14 Texas Hospital to provide outpatient health care services until
3-15 construction of a new physical facility for the provision of those
3-16 services is completed.
3-17 SECTION 5. FUTURE OF THE SOUTH TEXAS HOSPITAL. (a) The
3-18 South Texas Hospital shall close after:
3-19 (1) the person with whom the department has contracted
3-20 for the provision of inpatient health care and laboratory services
3-21 under Section 3 of this Act has begun providing those services; and
3-22 (2) the provision of outpatient health care services
3-23 is transferred to a new physical facility as required by Section 2
3-24 of this Act.
3-25 (b) The Texas Board of Health and the General Services
3-26 Commission shall collaborate to prepare leasing and other options
3-27 for potential future uses of the physical facilities of the South
4-1 Texas Hospital.
4-2 SECTION 6. CONTINUATION OF SUPPORT SERVICES. (a) If the
4-3 new physical facility constructed as required by Section 1 of this
4-4 Act is colocated with the Regional Academic Health Center, the
4-5 Texas Department of Health and the Texas Department of Mental
4-6 Health and Mental Retardation shall enter into an interagency
4-7 contract to provide for the continuation of support services for
4-8 the facility operated by the Texas Department of Mental Health and
4-9 Mental Retardation that is colocated with the South Texas Hospital.
4-10 (b) The contract may include a provision requiring the Texas
4-11 Department of Health to continue providing employees for support
4-12 facilities at the site.
4-13 SECTION 7. DISPLACED EMPLOYEES OF THE SOUTH TEXAS HOSPITAL.
4-14 (a) To the extent possible out of available funds appropriated to
4-15 the Texas Department of Health, the department shall reassign a
4-16 member of the employee class of the department who is employed at
4-17 the South Texas Hospital and whose position is displaced as a
4-18 result of a contract entered into by the Texas Department of Health
4-19 under this Act or the closing of the South Texas Hospital to an
4-20 open position within the department for which the member is
4-21 qualified.
4-22 (b) A contract awarded by the Texas Department of Health
4-23 under this Act must include a provision that, to the maximum extent
4-24 possible as determined by the contracting entity, the contracting
4-25 entity shall offer an employee of the South Texas Hospital whose
4-26 position is displaced as a result of the contract a similar
4-27 employment position with the contracting entity.
5-1 SECTION 8. TIME FRAME. Not later than September 1, 2000,
5-2 the Texas Department of Health shall enter into the contracts
5-3 required by this Act.
5-4 SECTION 9. AMENDMENT. Subchapter B, Chapter 814, Government
5-5 Code, is amended by adding Section 814.1043 to read as follows:
5-6 Sec. 814.1043. TEMPORARY SERVICE RETIREMENT OPTION FOR
5-7 MEMBERS AFFECTED BY THE TRANSFER OF SERVICES FROM THE SOUTH TEXAS
5-8 HOSPITAL. (a) This section applies only to members of the
5-9 employee class whose positions with the Texas Department of Health
5-10 at the South Texas Hospital are eliminated as a result of contracts
5-11 with public or private health care providers or entities or as a
5-12 result of the closing of the South Texas Hospital and who separate
5-13 from state service at that time.
5-14 (b) A member described by Subsection (a) is eligible to
5-15 retire and receive a service retirement annuity if the member's
5-16 age and service credit, each increased by three years, would meet
5-17 age and service requirements for service retirement under Section
5-18 814.104(a) at the time the member separates from state service as
5-19 described by Subsection (a). The annuity of a person who retires
5-20 under this subsection is computed on the person's accrued service
5-21 credit increased by three years.
5-22 (c) A member described by Subsection (a) becomes eligible to
5-23 retire and receive a service retirement annuity on the date on
5-24 which the member would have met the age and service requirements
5-25 for service retirement under Section 814.104(a) had the member
5-26 remained employed by the state if, on the date of separation from
5-27 state service, the member's age and service credit, each increased
6-1 by five years, would meet age and service requirements for service
6-2 retirement under Section 814.104(a). The annuity of a person who
6-3 retires under this subsection is computed on the person's accrued
6-4 service credit.
6-5 (d) If a member described by Subsection (c) is reemployed by
6-6 the state before retirement, the time between the member's
6-7 separation from state service and reemployment may be used only to
6-8 compute eligibility for service retirement and may not be used to
6-9 compute the amount of any service retirement annuity.
6-10 (e) A member who applies to retire under this section and
6-11 the Texas Department of Health shall provide documentation required
6-12 by the retirement system to establish eligibility to retire under
6-13 this section.
6-14 (f) This section applies only to positions eliminated on or
6-15 after the effective date of this section as a result of:
6-16 (1) a contract with a public or private health care
6-17 provider or entity entered into on or before September 1, 2000; or
6-18 (2) the closing of the South Texas Hospital.
6-19 SECTION 10. SCHEDULE. Not later than September 1, 2000, the
6-20 Texas Department of Health shall enter into the contracts required
6-21 by this Act.
6-22 SECTION 11. EMERGENCY. The importance of this legislation
6-23 and the crowded condition of the calendars in both houses create an
6-24 emergency and an imperative public necessity that the
6-25 constitutional rule requiring bills to be read on three several
6-26 days in each house be suspended, and this rule is hereby suspended,
6-27 and that this Act take effect and be in force from and after its
7-1 passage, and it is so enacted.