SRC-TJG S.B. 1024 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1024
78R1800 JRJ-DBy: Madla
Health & Human Services
3/28/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Department of Health (TDH) has the authority to
operate hospitals for tuberculosis care.  Patient care and treatment at
TDH hospitals is limited to Texas residents. TDH is not authorized to
treat nonresidents at the Texas Center for Infectious Disease or to render
tuberculosis care.  As proposed, S.B. 1024 authorizes the state to enter
into interstate agreements with other states for tuberculosis treatment
provided that the state of the individual's residence agrees to bear
treatment costs.  This bill also authorizes the state to recognize and
enforce an involuntary order entered by another state's court for
involuntary civil commitment of an individual for communicable disease
treatment. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 13.036(a) and (c), Health and Safety Code, as
follows: 

(a) Authorizes a person who is not a resident of this state and who has
tuberculosis to be admitted to a state chest hospital in accordance with
Section 13.046. 

(c) Authorizes the certificate to be issued by a physician who holds a
license to practice medicine in the state of residence of the applicant,
in the case of an applicant who is not a resident of this state. 

SECTION 2.  Amends Section 13.038, Health and Safety Code, by amending
Subsection (a) and adding Subsection (f), as follows: 

(a)  Provides that a patient admitted to a state chest hospital is a
public patient and classified as indigent, nonindigent, or nonresident. 

(f) Provides that a nonresident public patient is a person who is admitted
in accordance with an interstate agreement under Section 13.046. 

SECTION 3.  Amends Chapter 13B, Health and Safety Code, by adding Section
13.046, as follows: 

Sec. 13.046.  ADMISSION OF NONRESIDENT PATIENTS.  (a) Authorizes the Texas
Department of Health (TDH) to enter into an agreement with an agency of
another state responsible for the care of residents of that state who have
tuberculosis under which certain conditions apply. 

(b) Provides that Section 13.041 (Return of Certain Nonresidents;
Reciprocal Agreements) does not apply to the return of a nonresident
patient admitted to a state chest hospital in accordance with an agreement
entered into under this section.  Provides that the return of that patient
to the state of residence is governed by the agreement. 
 
SECTION 4.  Amends Chapter 81G, Health and Safety Code, by adding Section
81.211, as follows: 

Sec. 81.211.  FILING AND STATUS OF FOREIGN COURT ORDERS.  (a) Requires the
attorney general, at the request of TDH, to file a copy of an order issued
by a court of another state that authorizes the commitment of the person
to a health care facility for inpatient care in the manner provided by
Chapter 35, Civil Procedures and Remedies Code, for enforcement of foreign
judgments, in the case of a person who is not a resident of this state and
who is authorized to be admitted to a state chest hospital in accordance
with Section 13.046. 

(b) Requires the application to be filed with the district court in the
county in which the state chest hospital to which the person will be
admitted is located. 

(c) Authorizes a filed foreign court order that authorizes the commitment
of a person to a healthcare facility for inpatient care to be enforced in
the same manner as a court order of the court in which it is filed. 

(d) Provides that a foreign court order that authorizes the commitment of
a person to a health care facility for inpatient care is subject to the
contractual agreement with the foreign state entered into under Section
13.046. 

SECTION 5.  Effective date: September 1, 2003.