By: Bonnen of Brazoria (Senate Sponsor - Taylor) H.B. No. 3905
(In the Senate - Received from the House May 3, 2013;
May 3, 2013, read first time and referred to Committee on
Administration; May 17, 2013, reported favorably by the following
vote: Yeas 4, Nays 0; May 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the Angleton-Danbury Hospital District of Brazoria
County, Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1002.051(f), Special District Local Laws
Code, is amended to read as follows:
(f) Directors serve staggered four-year terms. The
district shall hold an election each odd-numbered year to elect the
appropriate number of directors [two-year terms unless four-year
terms are established under Section 285.081, Health and Safety
Code. If the directors serve two-year terms, the terms of directors
elected to odd-numbered positions expire in even-numbered years and
the terms of directors elected to even-numbered positions expire in
odd-numbered years].
SECTION 2. Section 1002.058, Special District Local Laws
Code, is amended to read as follows:
Sec. 1002.058. [STAFF PHYSICIAN] OFFICE FACILITIES. (a)
In this section, "licensed health care professional" means any
individual who is licensed or certified by or registered in this
state to provide health care.
(b) The board shall determine the type, number, and location
of buildings necessary to establish and maintain office facilities
for staff physicians, physicians employed under Section 1002.061,
and other licensed health care professionals to provide adequate
health [medical] care services for the district within the licensed
health care professionals' scope of license.
(c) [(b)] The board may:
(1) acquire property and equipment and construct
facilities for the district for use by staff physicians, physicians
employed under Section 1002.061, and other licensed health care
professionals; and
(2) mortgage or pledge the property, equipment, or
facilities as security for the payment of the purchase price or
construction cost.
(d) [(c)] The board may lease the office facilities and
equipment to staff physicians, physicians employed under Section
1002.061, and other licensed health care professionals or may sell
or otherwise dispose of the property, facilities, and equipment.
SECTION 3. Subchapter B, Chapter 1002, Special District
Local Laws Code, is amended by adding Section 1002.061 to read as
follows:
Sec. 1002.061. EMPLOYMENT OF PHYSICIANS. (a) The board may
employ a physician and retain all or part of the professional income
generated by the physician for medical services provided at a
hospital or other health care facility owned or operated by the
district if the board satisfies the requirements of this section.
(b) The board shall:
(1) appoint a chief medical officer for the district
who has been recommended by the medical staff of the district; and
(2) adopt, maintain, and enforce policies to ensure
that a physician employed by the district exercises the physician's
independent medical judgment in providing care to patients.
(c) The policies adopted under this section must include:
(1) policies relating to:
(A) credentialing and privileges;
(B) quality assurance;
(C) utilization review;
(D) peer review and due process; and
(E) medical decision-making; and
(2) the implementation of a complaint mechanism to
process and resolve complaints regarding interference or attempted
interference with a physician's independent medical judgment.
(d) The policies adopted under this section must be approved
by the medical staff of the hospital. In the event of a conflict
between a policy adopted by the board and approved by the medical
staff under this section and a policy of the hospital, a conflict
management process shall be jointly developed by the medical staff
of the hospital and the board and implemented to resolve that
conflict.
(e) For all matters relating to the practice of medicine,
each physician employed by the district shall ultimately report to
the chief medical officer of the district.
(f) The chief medical officer shall notify the Texas Medical
Board that the board is employing physicians under this section and
that the chief medical officer is the board's designated contact
with the Texas Medical Board. The chief medical officer shall
immediately report to the Texas Medical Board any action or event
that the chief medical officer reasonably and in good faith
believes constitutes a compromise of the independent medical
judgment of a physician in caring for a patient.
(g) The board shall give equal consideration regarding the
issuance of medical staff membership and privileges to physicians
employed by the district and physicians not employed by the
district.
(h) A physician employed by the district shall retain
independent medical judgment in providing care to patients and may
not be disciplined for reasonably advocating for patient care.
(i) If the district provides professional liability
coverage for physicians employed by the district, a physician
employed by the district may participate in the selection of the
professional liability coverage, has the right to an independent
defense at the physician's own cost, and retains the right to
consent to the settlement of any action or proceeding brought
against the physician.
(j) If a physician employed by the district enters into an
employment agreement that includes a covenant not to compete, the
agreement is subject to Section 15.50, Business & Commerce Code,
and any other applicable provision.
(k) The board may not delegate to the chief executive
officer of the district the authority to hire, terminate, or make
any other personnel decisions relating to a physician.
(l) This section applies to medical services provided by a
physician at a hospital or other health care facility owned or
operated by the district.
(m) This section may not be construed as authorizing the
board to supervise or control the practice of medicine as
prohibited under Subtitle B, Title 3, Occupations Code.
SECTION 4. Section 1002.251, Special District Local Laws
Code, is amended to read as follows:
Sec. 1002.251. DEPOSITORY. The [As soon as practicable
after the creation election results favorably to the creation of
the district, the] board shall by resolution designate a bank
within the county as the district's depository, and all funds of the
district shall be secured in the manner provided for the security of
county funds. Such depository shall serve for a period of five
[two] years and until a successor has been selected.
SECTION 5. Section 1002.252(b), Special District Local Laws
Code, is amended to read as follows:
(b) To secure a loan or line of credit, the board may pledge:
(1) revenue of the district that is not pledged to pay
the district's bonded indebtedness;
(2) taxes to be imposed by the district in the next
12-month period that are not pledged to pay the principal of or
interest on district bonds; or
(3) district bonds that have been authorized but not
sold.
SECTION 6. (a) Notwithstanding Section 1002.051, Special
District Local Laws Code, as amended by this Act, an election of the
board of directors of the Angleton-Danbury Hospital District of
Brazoria County, Texas, shall be held in May 2014, and the directors
elected to places 1, 3, 5, 7, and 9 at the election shall serve
three-year terms.
(b) The election of the board of directors scheduled to be
held in May 2015 must be held, and the directors elected to places
2, 4, 6, and 8 at that election shall serve four-year terms.
(c) The directors elected at the elections to be held in May
2017 and May 2019 shall serve four-year terms.
SECTION 7. (a) Except as provided by Subsection (b) of this
section:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.
(b) Section 1002.051, Special District Local Laws Code, as
amended by this Act, takes effect January 1, 2014.
* * * * *