1-1     By:  Coleman (Senate Sponsor - Moncrief)              H.B. No. 2602
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 8, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 8, Nays 0;
 1-6     May 8, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2602                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to indigent health care.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 61.006(b), Health and Safety Code, is
1-13     amended to read as follows:
1-14           (b)  The minimum eligibility standards must incorporate a net
1-15     income eligibility level equal to 21 [25] percent of the federal
1-16     poverty level based on the federal Office of Management and Budget
1-17     poverty index.
1-18           SECTION 2. Section 61.032(e), Health and Safety Code, is
1-19     amended to read as follows:
1-20           (e)  If the county and the provider disagree on the patient's
1-21     residence or eligibility, the county or the provider may submit the
1-22     matter to the department as provided by Section 61.004.
1-23           SECTION 3. Section 61.0395(b), Health and Safety Code, is
1-24     amended to read as follows:
1-25           (b)  The department may [shall] adopt rules governing the
1-26     distribution of state assistance under this chapter that establish
1-27     a maximum annual allocation for each county eligible for assistance
1-28     under this chapter in compliance with Subsection (a).
1-29           SECTION 4. Section 61.059(e), Health and Safety Code, is
1-30     amended to read as follows:
1-31           (e)  If the public hospital and the provider disagree on the
1-32     patient's residence or eligibility, the hospital or the provider
1-33     may submit the matter to the department as provided by Section
1-34     61.004.
1-35           SECTION 5. Sections 46.003(a) and (e), Health and Safety
1-36     Code, as added by Chapter 969, Acts of the 76th Legislature,
1-37     Regular Session, 1999, are amended to read as follows:
1-38           (a)  The tertiary care account is an account in the state
1-39     treasury.  Except as by Subsection (e), money [Money] in the
1-40     account may be appropriated only to the department for the purposes
1-41     of this chapter.
1-42           (e)  For each fiscal year, five percent of the total amount
1-43     in the account shall be held in reserve and may be used only for
1-44     reimbursement of unpaid tertiary medical services and stabilization
1-45     services provided as a result of extraordinary emergencies
1-46     occurring during that year.  Of the amount remaining:
1-47                 (1)  [,] not more than five percent may be used for the
1-48     costs of administering the account;
1-49                 (2)  five percent shall be allocated for the payment of
1-50     state assistance under Chapter 61; and
1-51                 (3)  the remaining amount shall be allocated as
1-52     provided by Subsection (f).
1-53           SECTION 6. Section 466.408(b), Government Code, is amended to
1-54     read as follows:
1-55           (b)  If a claim is not made for prize money on or before the
1-56     180th day after the date on which the winner was selected, the
1-57     prize money shall be deposited to the credit of the Texas
1-58     Department of Health state-owned multicategorical teaching hospital
1-59     account or the tertiary care facility account as follows:
1-60                 (1)  not more than $40 million in prize money each
1-61     biennium may be deposited to or appropriated from the Texas
1-62     Department of Health state-owned multicategorical teaching hospital
1-63     account, which is an account in the general revenue fund; and
1-64                 (2)  all prize money subject to this section in excess
 2-1     of $40 million each biennium shall be deposited in the tertiary
 2-2     care facility account.  Money deposited in the tertiary care
 2-3     facility account may only be appropriated to the department for
 2-4     purposes specified in Chapter 46 or 61, Health and Safety Code.
 2-5           SECTION 7. Section 61.006(b-2), Health and Safety Code, is
 2-6     repealed.
 2-7           SECTION 8. (a)  The changes in law made by this Act to
 2-8     Chapter 61, Health and Safety Code, take effect September 1, 2001.
 2-9           (b)  Except as provided by Subsection (a) of this section,
2-10     this Act takes effect immediately if it receives a vote of
2-11     two-thirds of all the members elected to each house, as provided by
2-12     Section 39, Article III, Texas Constitution.  If this Act does not
2-13     receive the vote necessary for immediate effect, this Act takes
2-14     effect on the 91st day after the last day of the legislative
2-15     session.
2-16                                  * * * * *