1-1                                   AN ACT
 1-2     relating to indigent health care.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 61.006(b), Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           (b)  The minimum eligibility standards must incorporate a net
 1-7     income eligibility level equal to 21 [25] percent of the federal
 1-8     poverty level based on the federal Office of Management and Budget
 1-9     poverty index.
1-10           SECTION 2. Section 61.032(e), Health and Safety Code, is
1-11     amended to read as follows:
1-12           (e)  If the county and the provider disagree on the patient's
1-13     residence or eligibility, the county or the provider may submit the
1-14     matter to the department as provided by Section 61.004.
1-15           SECTION 3. Section 61.0395(b), Health and Safety Code, is
1-16     amended to read as follows:
1-17           (b)  The department may [shall] adopt rules governing the
1-18     distribution of state assistance under this chapter that establish
1-19     a maximum annual allocation for each county eligible for assistance
1-20     under this chapter in compliance with Subsection (a).
1-21           SECTION 4. Section 61.059(e), Health and Safety Code, is
1-22     amended to read as follows:
1-23           (e)  If the public hospital and the provider disagree on the
1-24     patient's residence or eligibility, the hospital or the provider
 2-1     may submit the matter to the department as provided by Section
 2-2     61.004.
 2-3           SECTION 5. Sections 46.003(a) and (e), Health and Safety
 2-4     Code, as added by Chapter 969, Acts of the 76th Legislature,
 2-5     Regular Session, 1999, are amended to read as follows:
 2-6           (a)  The tertiary care account is an account in the state
 2-7     treasury.  Except as by Subsection (e), money [Money] in the
 2-8     account may be appropriated only to the department for the purposes
 2-9     of this chapter.
2-10           (e)  For each fiscal year, five percent of the total amount
2-11     in the account shall be held in reserve and may be used only for
2-12     reimbursement of unpaid tertiary medical services and stabilization
2-13     services provided as a result of extraordinary emergencies
2-14     occurring during that year.  Of the amount remaining:
2-15                 (1)  [,] not more than five percent may be used for the
2-16     costs of administering the account;
2-17                 (2)  five percent shall be allocated for the payment of
2-18     state assistance under Chapter 61; and
2-19                 (3)  the remaining amount shall be allocated as
2-20     provided by Subsection (f).
2-21           SECTION 6. Section 466.408(b), Government Code, is amended to
2-22     read as follows:
2-23           (b)  If a claim is not made for prize money on or before the
2-24     180th day after the date on which the winner was selected, the
2-25     prize money shall be deposited to the credit of the Texas
2-26     Department of Health state-owned multicategorical teaching hospital
2-27     account or the tertiary care facility account as follows:
 3-1                 (1)  not more than $40 million in prize money each
 3-2     biennium may be deposited to or appropriated from the Texas
 3-3     Department of Health state-owned multicategorical teaching hospital
 3-4     account, which is an account in the general revenue fund; and
 3-5                 (2)  all prize money subject to this section in excess
 3-6     of $40 million each biennium shall be deposited in the tertiary
 3-7     care facility account.  Money deposited in the tertiary care
 3-8     facility account may only be appropriated to the department for
 3-9     purposes specified in Chapter 46 or 61, Health and Safety Code.
3-10           SECTION 7. Section 61.006(b-2), Health and Safety Code, is
3-11     repealed.
3-12           SECTION 8. (a)  The changes in law made by this Act to
3-13     Chapter 61, Health and Safety Code, take effect September 1, 2001.
3-14           (b)  Except as provided by Subsection (a) of this section,
3-15     this Act takes effect immediately if it receives a vote of
3-16     two-thirds of all the members elected to each house, as provided by
3-17     Section 39, Article III, Texas Constitution.  If this Act does not
3-18     receive the vote necessary for immediate effect, this Act takes
3-19     effect on the 91st day after the last day of the legislative
3-20     session.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2602 was passed by the House on April
         27, 2001, by the following vote:  Yeas 143, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 2602 on May 25, 2001, by the following vote:  Yeas 135, Nays 0,
         2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2602 was passed by the Senate, with
         amendments, on May 17, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor