By:  Gallegos                                         S.B. No. 1246
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the establishment of a community health center
 1-3     revolving loan fund program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 9, Human Resources Code, is amended by
 1-6     adding Chapter 136 to read as follows:
 1-7       CHAPTER 136.  TEXAS COMMUNITY HEALTH CENTER REVOLVING LOAN FUND
 1-8           Sec. 136.001.  PURPOSE.  The legislature finds that:
 1-9                 (1)  community health centers play a significant role
1-10     in the delivery of medical care and related services to the
1-11     residents of this state who cannot afford health insurance;
1-12                 (2)  community health centers are a cost-effective way
1-13     to provide primary and preventive health care to populations
1-14     lacking quality health care by reducing hospitalizations and the
1-15     inappropriate use of emergency rooms;
1-16                 (3)  the financing sources available for the capital
1-17     needs of community health centers, such as buildings and equipment,
1-18     are inadequate; and
1-19                 (4)  increasing community health centers' access to
1-20     capital would benefit residents of this state in poor and
1-21     underserved communities and foreign-born residents who are
1-22     uninsured, by providing greater access to primary care and
1-23     preventive health services and by targeting the common health
1-24     problems of these residents.
1-25           Sec. 136.002.  DEFINITIONS.  In this chapter:
 2-1                 (1)  "Community health center" means a nonprofit
 2-2     corporation in this state that:
 2-3                       (A)  provides required primary health services,
 2-4     including:
 2-5                             (i)  basic health services;
 2-6                             (ii)  referrals to providers of medical
 2-7     services;
 2-8                             (iii)  patient case management services;
 2-9                             (iv)  outreach; and
2-10                             (v)  patient education; and
2-11                       (B)  has a governing board that:
2-12                             (i)  is composed of individuals, a majority
2-13     of whom are being served by community health centers; and
2-14                             (ii)  represents the individuals being
2-15     served by the community health center.
2-16                 (2)  "Commission" means the Health and Human Services
2-17     Commission.
2-18                 (3)  "Development corporation" means a nonprofit
2-19     corporation that:
2-20                       (A)  provides revolving loan funds to community
2-21     health centers;
2-22                       (B)  accepts gifts and grants;
2-23                       (C)  seeks funding from various government and
2-24     private sources; and
2-25                       (D)  associates with a broad-based organization
2-26     serving community health centers.
 3-1                 (4)  "Fund" means the community health center revolving
 3-2     loan fund established by this chapter.
 3-3                 (5)  "Program" means the loan program authorized by
 3-4     this chapter.
 3-5           Sec. 136.003.  TRUST FUND.  (a)  The community health center
 3-6     revolving loan fund is a trust fund outside the state treasury held
 3-7     by a financial institution and administered by the commission as
 3-8     trustee on behalf of community health centers in this state.
 3-9           (b)  The fund is composed of:
3-10                 (1)  money appropriated to the fund by the legislature;
3-11                 (2)  gifts or grants received from public or private
3-12     sources; and
3-13                 (3)  income from other money in the fund.
3-14           (c)  The commission may accept on behalf of the fund gifts
3-15     and grants for the use and benefit of the program.
3-16           Sec. 136.004.  DEVELOPMENT CORPORATION.  The commission shall
3-17     contract with and award money to a development corporation to carry
3-18     out the purposes of this chapter.
3-19           Sec. 136.005.  INVESTMENT COMMITTEE.  (a)  Before contracting
3-20     with a development corporation, the commission shall require the
3-21     development corporation to establish an investment committee to
3-22     approve loan requests of community health centers.
3-23           (b)  The investment committee must consist of seven members
3-24     as follows:
3-25                 (1)  at least two members with lending experience;
3-26                 (2)  at least two members who receive health care
 4-1     services from a community health center; and
 4-2                 (3)  at least one member who represents the Texas
 4-3     Association of Community Health Centers, Inc.
 4-4           Sec. 136.006.  LOANS TO COMMUNITY HEALTH CENTERS.  (a)  The
 4-5     development corporation may make a loan to a community health
 4-6     center only with the approval of the investment committee.
 4-7           (b)  The development corporation shall use at least 60
 4-8     percent of the money received under the program for loans to
 4-9     community health centers in existence for at least one year before
4-10     the loan date.
4-11           (c)  A loan made by the development corporation may be
4-12     subordinated debt.
4-13           (d)  The development corporation may make a loan under the
4-14     program through a partnership or joint investment with one or more
4-15     financial institutions or federal or state programs.
4-16           (e)  Payments on community health center loans shall be made
4-17     to the development corporation.  The development corporation shall
4-18     use the loan payment money received from community health centers
4-19     to make new loans as provided by this chapter.
4-20           Sec. 136.007.  SELF-FUNDING.  The commission shall develop
4-21     the fund as a revolving loan fund that will become self-funding
4-22     over the life of the program.
4-23           Sec. 136.008.  INCOME FROM LOAN.  All income received on a
4-24     loan made with money received under the program is the property of
4-25     the development corporation.  Income received on a loan includes
4-26     the payment of interest by a borrower and the administrative fees
 5-1     assessed by the development corporation.
 5-2           Sec. 136.009.  RULES.  (a)  The commission shall adopt rules
 5-3     to administer this chapter, including rules that require:
 5-4                 (1)  the commission to review the lending and servicing
 5-5     practices of a development corporation to ensure that the practices
 5-6     conform to generally accepted accounting principles;
 5-7                 (2)  an eligible community health center to enter into
 5-8     an agreement with the development corporation that states the terms
 5-9     of the loan made to the center;
5-10                 (3)  the development corporation to provide to the
5-11     commission semiannual reports giving details of the status of each
5-12     loan made under the program;
5-13                 (4)  the development corporation to require annual
5-14     audits of community health centers receiving loans under the
5-15     program; and
5-16                 (5)  the commission to provide oversight of the
5-17     development corporation as necessary to qualify the development
5-18     corporation for loan guarantees from federal and state programs.
5-19           (b)  Under rules adopted by the commission, the development
5-20     corporation may:
5-21                 (1)  make grants to eligible community health centers
5-22     from money other than money that is received from the fund and that
5-23     was derived from a legislative appropriation; or
5-24                 (2)  seek funds from state or federal agencies or
5-25     private sources to supplement and complement the funds received
5-26     under the program.
 6-1           (c)  The commission may adopt other rules as necessary to
 6-2     accomplish the purposes of this chapter.
 6-3           SECTION 2.  This Act takes effect September 1, 2001.
 6-4           SECTION 3.  The Health and Human Services Commission shall
 6-5     adopt rules to administer Chapter 136, Human Resources Code, as
 6-6     added by this Act, not later than December 1, 2001.