79R8768 KEL-D


By:  Branch                                                       H.B. No. 2162



A BILL TO BE ENTITLED

AN ACT

relating to hospital and clinic fees collected by certain public 
medical schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 51.009, Education Code, is amended by 
amending Subsection (c) and adding Subsection (d) to read as 
follows:
	(c)  Each of the following shall be accounted for as 
educational and general funds:
		(1)  net tuition, special course fees charged under 
Sections 54.051(e) and (l), Education Code, lab fees, student 
teaching fees, [hospital and clinic fees,] organized activity fees, 
proceeds from the sale of educational and general equipment, and 
indirect cost recovery fees;  and
		(2)  hospital and clinic fees received by a state-owned 
clinical care facility that is operated using general revenue fund 
appropriations.
	(d)  Hospital and clinic fees received by a clinical care 
facility, other than a facility described by Subsection (c)(2), 
that is administered by an institution of higher education may not 
be treated as a source of financing from outside general revenue 
fund appropriations in reference to a requirement in the General 
Appropriations Act that salaries, wages, and benefits of the 
employees of the institution be paid in proportion to the source of 
the funds from which the salary, wages, and benefits are paid.
	SECTION 2.  Section 51.009, Education Code, as amended by 
this Act, applies to fees collected on or after the effective date 
of this Act.  A fee collected before that date is governed by the law 
in effect when the fee is collected, and that law is continued in 
effect for that purpose.
	SECTION 3.  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, 2005.