78R11973 DLF-F


By:  Capelo                                                       H.B. No. 3014

Substitute the following for H.B. No. 3014:                                   

By:  Coleman                                                  C.S.H.B. No. 3014



A BILL TO BE ENTITLED

AN ACT

relating to authorizing gifts and grants of drugs and other items to 
certain state agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 531, Government Code,  is 
amended by adding Section 531.0381 to read as follows:
	Sec. 531.0381.  CERTAIN GRANTS TO HEALTH AND HUMAN SERVICES 
AGENCIES.  (a)  Subject to this section, a health and human services 
agency may accept a gift or grant of money, drugs, equipment, or any 
other item of value from a pharmaceutical manufacturer, 
distributor, provider, or another entity engaged in a 
pharmaceutical-related business.
	(b)  Acceptance of a gift or grant under this section is 
subject to the written approval of the commissioner. Chapter 575 
does not apply to a gift or grant under this section.
	(c)  The commissioner may adopt rules and procedures to 
implement this section. The rules must ensure that acceptance of a 
gift or grant under this section is consistent with any applicable 
federal law or regulation and does not adversely affect federal 
financial participation in any state program, including the state 
Medicaid program.
	(d)  This section does not affect the authority under other 
law of the commission or a health and human services agency to 
accept a gift or grant from a person other than a pharmaceutical 
manufacturer, distributor, provider, or another entity engaged in a 
pharmaceutical-related business.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.