Texas 2011 - 82nd Regular

Texas House Bill HB1327 Compare Versions

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1	1	82R8250 CJC-F
2	2	By: Darby H.B. No. 1327
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a grant program to defray the cost of
8	8	constructing a new health facility in a rural county.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 403.1065(c), Government Code, is amended
11	11	to read as follows:
12	12	(c) The available earnings of the fund may be appropriated
13	13	to the Texas Department of Rural Affairs for the purposes of
14	14	Subchapter H, Chapter 487, and for the limited purposes provided by
15	15	Subchapter R, Chapter 487.
16	16	SECTION 2. Chapter 487, Government Code, is amended by
17	17	adding Subchapter R to read as follows:
18	18	SUBCHAPTER R. RURAL SAFETY NET HOSPITAL INFRASTRUCTURE PROGRAM
19	19	Sec. 487.801. DEFINITIONS. In this subchapter:
20	20	(1) "Nonprofit hospital" means a hospital that is:
21	21	(A) eligible for tax-exempt bond financing or
22	22	exempt from state franchise or sales taxes, ad valorem taxes, or
23	23	other state or local taxes; and
24	24	(B) organized as a nonprofit corporation or a
25	25	charitable trust under the laws of this state or any other state or
26	26	country.
27	27	(2) "Program" means the rural safety net hospital
28	28	infrastructure program established under this subchapter.
29	29	(3) "Public hospital" and "rural county" have the
30	30	meanings assigned by Section 487.301.
31	31	Sec. 487.802. POWERS AND DUTIES OF DEPARTMENT. (a) In
32	32	administering this subchapter, the department may:
33	33	(1) enter into and enforce contracts and execute and
34	34	deliver conveyances and other instruments necessary to make and
35	35	administer grants awarded under this subchapter;
36	36	(2) impose and collect reasonable fees and charges in
37	37	connection with grants made under this subchapter and provide
38	38	reasonable penalties for delinquent payment of fees or charges; and
39	39	(3) adopt rules necessary to implement the program.
40	40	(b) The department may use money appropriated to the
41	41	department under Section 403.1065 as necessary to implement this
42	42	subchapter. Expenses related to the administration of this
43	43	subchapter and other continuing expenses under this subchapter may
44	44	not be paid from money appropriated to the department under that
45	45	section.
46	46	Sec. 487.803. PROGRAM. (a) The department may use money
47	47	appropriated to the department under Section 487.806 to make a
48	48	grant to a public or nonprofit hospital located in a rural county.
49	49	(b) A grant recipient may use the money only for the
50	50	construction of new health facilities.
51	51	(c) A grant awarded under this subchapter may not exceed the
52	52	lesser of:
53	53	(1) 50 percent of the contracted cost for construction
54	54	of the new health facility; or
55	55	(2) $10 million.
56	56	(d) The department shall require a grantee to provide
57	57	matching funds equal to or greater than the amount of a grant
58	58	awarded under this subchapter.
59	59	(e) A grant applicant may not apply for a grant under this
60	60	subchapter and for a grant under Subchapter H if the purpose of the
61	61	application for a grant under Subchapter H is the construction of a
62	62	new health facility in a rural county.
63	63	Sec. 487.804. ELIGIBILITY FOR PROGRAM. (a) The department
64	64	shall adopt rules that establish eligibility criteria for receiving
65	65	a grant under this subchapter.
66	66	(b) The rules adopted under this section shall provide that
67	67	to be eligible to receive a grant under this subchapter a hospital
68	68	must:
69	69	(1) be located in a county or hospital district in
70	70	which the total taxable value of all taxable property is not more
71	71	than $750 million, as shown by the most recent certified appraisal
72	72	tax roll prepared by the appraisal district for the appropriate
73	73	county or counties;
74	74	(2) be designated as a critical access hospital under
75	75	the authority of and in compliance with 42 U.S.C. Section 1395i-4,
76	76	or as a sole community hospital, as that term is defined by 42
77	77	U.S.C. Section 1395ww(d)(5)(D)(iii);
78	78	(3) be located in a facility or facilities where a
79	79	majority of the total square footage is at least 25 years old; and
80	80	(4) provide 24-hour emergency care services.
81	81	(c) The department shall compile and maintain a list of
82	82	qualifying rural hospitals and the age of the facilities used by
83	83	those hospitals.
84	84	Sec. 487.805. GRANT RECIPIENT SELECTION. (a) The
85	85	department shall establish criteria for prioritizing applicants
86	86	for a grant under this subchapter.
87	87	(b) In establishing criteria under this section, the
88	88	department shall:
89	89	(1) give first preference to applicants located in a
90	90	county or hospital district in which the total taxable value of all
91	91	taxable property is not more than $250 million, as shown by the most
92	92	recent certified appraisal tax roll prepared by the appraisal
93	93	district for the applicable county or counties; and
94	94	(2) give second preference to applicants with the
95	95	oldest qualifying health facilities.
96	96	Sec. 487.806. RURAL SAFETY NET HOSPITAL INFRASTRUCTURE
97	97	ACCOUNT. (a) The rural safety net hospital infrastructure account
98	98	is an account in the general revenue fund that may be appropriated
99	99	only to the department for the purposes and activities authorized
100	100	by this subchapter and for reasonable administrative expenses under
101	101	this subchapter.
102	102	(b) The account consists of:
103	103	(1) all money appropriated for the purposes of this
104	104	subchapter;
105	105	(2) any gifts, grants, or donations received for the
106	106	purposes of this subchapter; and
107	107	(3) interest earned on money in the account.
108	108	(c) The account is exempt from the application of Section
109	109	403.095.
110	110	SECTION 3. (a) Not later than September 1, 2012, the Texas
111	111	Department of Rural Affairs shall compile the information and adopt
112	112	the rules and eligibility standards required by Subchapter R,
113	113	Chapter 487, Government Code, as added by this Act.
114	114	(b) The Texas Department of Rural Affairs may not award a
115	115	grant under Subchapter R, Chapter 487, Government Code, as added by
116	116	this Act, before September 1, 2013.
117	117	SECTION 4. This Act does not make an appropriation. A
118	118	provision in this Act that creates a new governmental program,
119	119	creates a new entitlement, or imposes a new duty on a governmental
120	120	entity is not mandatory during a fiscal period for which the
121	121	legislature has not made a specific appropriation to implement the
122	122	provision.
123	123	SECTION 5. This Act takes effect September 1, 2011.