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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain public hospitals to construct |
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certain facilities and to provide certain services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.002(4), Health and Safety Code, is |
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amended to read as follows: |
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(4) "Hospital project" means existing or future real, |
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personal, or mixed property, or an interest in that property, |
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[other than a nursing home licensed or required to be licensed under
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the authority of this state,] the financing, refinancing, |
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acquiring, providing, constructing, enlarging, remodeling, |
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renovating, improving, furnishing, or equipping of which is found |
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by the governing body of an issuer to be necessary for medical care, |
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research, training, or teaching in this state. A hospital project |
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may include one or more of the following properties if found by the |
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governing body of an issuer to be necessary or convenient for the |
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project: |
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(A) land, a building, equipment, machinery, |
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furniture, a facility, or an improvement; |
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(B) a structure suitable for use as: |
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(i) a hospital, clinic, health facility, |
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extended care facility, outpatient facility, rehabilitation or |
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recreation facility, pharmacy, medical laboratory, dental |
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laboratory, physicians' office building, or laundry or |
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administrative facility or building related to a health facility or |
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system; |
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(ii) a multiunit housing facility for |
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medical staff, nurses, interns, other employees of a health |
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facility or system, patients of a health facility, or relatives of |
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patients admitted for treatment or care in a health facility; |
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(iii) a support facility related to a |
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hospital project such as an office building, parking lot or |
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building, or maintenance, safety, or utility facility, and related |
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equipment; [or] |
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(iv) a medical or dental research facility, |
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medical or dental training facility, or another facility used in |
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the education or training of health care personnel; or |
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(v) a nursing facility, assisted living |
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facility, or multiunit senior housing facility; |
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(C) property or material used in the landscaping, |
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equipping, or furnishing of a hospital project and other similar |
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items necessary or convenient for the operation of a hospital |
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project; and |
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(D) any other structure, facility, or equipment |
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related or essential to the operation of a health facility or |
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system. |
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SECTION 2. Section 223.011(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A hospital project may [must] be located anywhere in |
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this state if the location of the project is consistent with the |
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purpose of the hospital project and the project serves a legitimate |
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public purpose of the issuer [and within or partially within the
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issuer's boundaries, except that a hospital project of a
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municipality may be located:
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[(1)
outside the municipality's limits if it is within
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the municipality's extraterritorial jurisdiction; or
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[(2)
in another municipality if the governing body of
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the other municipality consents to the former municipality's
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provision of the project]. |
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SECTION 3. Section 285.101, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(b-1) to read as follows: |
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(a) This subchapter applies only to a hospital, hospital |
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district, or authority created and operated under Article IX, Texas |
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Constitution, under a special law, or under this title [that is
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located in:
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[(1) a county with a population of 35,000 or less;
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[(2)
those portions of extended municipalities that
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the federal census bureau has determined to be rural; or
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[(3)
an area that is not delineated as an urbanized
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area by the federal census bureau]. |
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(b) A hospital, hospital district, or authority covered by |
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this subchapter may: |
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(1) construct, acquire, own, operate, enlarge, |
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improve, furnish, or equip one or more of the following types of |
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facilities or services for the care of persons who are [the] elderly |
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or persons with a disability [disabled]: |
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(A) a nursing facility [home] or similar |
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long-term care facility; |
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(B) elderly housing; |
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(C) assisted living; |
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(D) home health; |
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(E) personal care; |
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(F) special care; |
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(G) continuing care; or |
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(H) durable medical equipment; |
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(2) lease or enter into an operations or management |
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agreement relating to all or part of a facility or service described |
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in Subdivision (1) that is owned by the hospital, hospital |
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district, or authority; |
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(3) close, transfer, sell, or otherwise convey all or |
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part of a facility and discontinue services; and |
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(4) issue [revenue] bonds and other notes or |
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obligations to acquire, construct, or improve a facility for the |
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care of persons who are [the] elderly or persons with a disability |
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[disabled] or to implement the delivery of a service for the care of |
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persons who are [the] elderly or persons with a disability |
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[disabled]. |
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(b-1) A facility or service under Subsection (b) may be |
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located or offered, as applicable, in any location that the |
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governing body of the hospital, hospital district, or authority |
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considers to be in the best interest of the hospital, hospital |
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district, or authority. |
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SECTION 4. The following sections of the Health and Safety |
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Code are repealed: |
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(1) Section 262.034; and |
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(2) Section 285.101(d). |
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SECTION 5. This Act takes effect September 1, 2015. |