By: Jackson S.B. No. 1655
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the administration and responsibilities of The
1-2 University of Texas Medical Branch at Galveston.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 74, Education Code, is
1-5 amended by adding Sections 74.005, 74.006, 74.007, and 74.008 to
1-6 read as follows:
1-7 Sec. 74.005. TREATMENT OF INDIGENT PATIENTS. (a) The
1-8 medical branch may enter into a contract with a county, public
1-9 hospital, or hospital district to provide treatment to residents of
1-10 the county or service area.
1-11 (b) The liability of a county, public hospital, or hospital
1-12 district to the medical branch for the treatment of residents of
1-13 the county or service area by the medical branch may not exceed the
1-14 responsibility of a county as provided for in Chapter 61, Health
1-15 and Safety Code, unless agreed to by the county, public hospital,
1-16 or hospital district in a contract entered into under this section.
1-17 (c) If a contract is entered into under this section, the
1-18 liability of a county, public hospital, or hospital district under
1-19 the contract shall take into consideration the actual costs of the
1-20 medical branch in providing health care services pursuant to the
1-21 contract, but in no event shall the liability exceed such costs.
1-22 (d) If a contract is not entered into under this section,
2-1 the medical branch must receive the approval of a county, public
2-2 hospital, or hospital district before providing nonemergency health
2-3 care services to an eligible resident of the county or service
2-4 area. If that approval is not received, the county, public
2-5 hospital, or hospital district is not liable to the medical branch
2-6 for any nonemergency care provided to the resident. If approval is
2-7 received, the county, public hospital, or hospital district is
2-8 liable to the medical branch under Subsection (b) for the services
2-9 provided by the medical branch to the resident.
2-10 (e) In this section, "eligible resident," "hospital
2-11 district," "public hospital," and "service area" have the same
2-12 meanings assigned by Chapter 61, Health and Safety Code.
2-13 Sec. 74.006. SUFFICIENCY OF FUNDS, FEES, AND PATIENT BASE.
2-14 The medical branch shall take such reasonable and necessary
2-15 administrative and management actions as are needed to ensure that
2-16 the mission and strategic plan of the medical branch can be
2-17 achieved within the total amount of funds received by the medical
2-18 branch from all sources, including but not limited to institutional
2-19 and local funds and hospital and clinic fees.
2-20 Sec. 74.007. INCENTIVE RETIREMENT PLANS. (a) The medical
2-21 branch may offer incentive retirement plans to employees of the
2-22 medical branch who elect to retire under other state law.
2-23 (b) An incentive offered to an employee by the medical
2-24 branch must be paid from the medical branch's funds or hospital or
2-25 clinic fees.
2-26 (c) The medical branch may not rehire an employee receiving
3-1 a retirement incentive under this section without the specific
3-2 approval of the president.
3-3 Sec. 74.008. ACQUISITION OF GOODS AND SERVICES. (a) The
3-4 medical branch may acquire goods or services by the method that
3-5 provides the best value to the medical branch, including:
3-6 (1) competitive bidding;
3-7 (2) competitive sealed proposals;
3-8 (3) catalogue purchase;
3-9 (4) a group purchasing program; or
3-10 (5) an open market contract.
3-11 (b) In determining what is the best value to the medical
3-12 branch, the medical branch shall consider:
3-13 (1) the purchase price;
3-14 (2) the reputation of the vendor and of the vendor's
3-15 goods or services;
3-16 (3) the quality of the vendor's goods or services;
3-17 (4) the extent to which the goods or services meet the
3-18 medical branch's needs;
3-19 (5) the vendor's past relationship with the medical
3-20 branch;
3-21 (6) the impact on the ability of the medical branch to
3-22 comply with laws and rules relating to historically underutilized
3-23 businesses;
3-24 (7) the total long-term cost to the medical branch of
3-25 acquiring the vendor's goods or services; and
3-26 (8) any other relevant factor that a private business
4-1 entity would consider in selecting a vendor.
4-2 (c) The state auditor may audit purchases of goods or
4-3 services by the medical branch.
4-4 (d) The medical branch may adopt rules and procedures for
4-5 the acquisition of goods or services.
4-6 (e) To the extent of any conflict, this section prevails
4-7 over any other law relating to the purchasing of goods and services
4-8 except a law relating to contracting with historically
4-9 underutilized businesses.
4-10 (f) Except as otherwise provided by this section, Subtitle
4-11 D, Title 10, Government Code, and Chapter 2254, Government Code, do
4-12 not apply to purchases of goods and services made under this
4-13 section.
4-14 SECTION 2. Subchapter B, Chapter 74, Education Code, is
4-15 repealed.
4-16 SECTION 3. (a) Section 1 of this Act takes effect September
4-17 1, 1999.
4-18 (b) Section 2 of this Act takes effect September 1, 2000.
4-19 (c) Not later than January 1, 2000, The University of Texas
4-20 Medical Branch at Galveston, the Moody State School for Cerebral
4-21 Palsied Children, and The University of Texas Medical Branch at
4-22 Galveston Special School shall discuss and enter into a memorandum
4-23 of understanding relating to the transfer of property and other
4-24 assets of the Moody State School for Cerebral Palsied Children and
4-25 The University of Texas Medical Branch at Galveston Special School
4-26 to The University of Texas Medical Branch at Galveston and
5-1 providing for the dissolution of the Moody State School for
5-2 Cerebral Palsied Children and The University of Texas Medical
5-3 Branch at Galveston Special School.
5-4 (d) Funding that could have been provided to the Moody State
5-5 School for Cerebral Palsied Children and The University of Texas
5-6 Medical Branch at Galveston Special School under Subchapter B,
5-7 Chapter 74, Education Code, may be provided to The University of
5-8 Texas Medical Branch at Galveston if the medical branch performs
5-9 the same duties as the Moody State School for Cerebral Palsied
5-10 Children and The University of Texas Medical Branch at Galveston
5-11 Special School performed before the repeal of Subchapter B, Chapter
5-12 74, Education Code.
5-13 SECTION 4. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.