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.