By: Capelo (Senate Sponsor - Janek) H.B. No. 3014
(In the Senate - Received from the House May 5, 2003;
May 7, 2003, read first time and referred to Committee on Health
and Human Services; May 22, 2003, reported favorably by the
following vote: Yeas 9, Nays 0; May 22, 2003, sent to printer.)
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.
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