Texas 2015 - 84th Regular

Texas House Bill HB3332 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R8842 MEW-F
2		-	By: Clardy H.B. No. 3332
	2	+	By: Clardy, et al. H.B. No. 3332
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the authority of certain public hospitals to construct
8	8		certain facilities and to provide certain services.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Section 223.002(4), Health and Safety Code, is
11	11		amended to read as follows:
12	12		(4) "Hospital project" means existing or future real,
13	13		personal, or mixed property, or an interest in that property,
14	14		[other than a nursing home licensed or required to be licensed under
15	15		the authority of this state,] the financing, refinancing,
16	16		acquiring, providing, constructing, enlarging, remodeling,
17	17		renovating, improving, furnishing, or equipping of which is found
18	18		by the governing body of an issuer to be necessary for medical care,
19	19		research, training, or teaching in this state. A hospital project
20	20		may include one or more of the following properties if found by the
21	21		governing body of an issuer to be necessary or convenient for the
22	22		project:
23	23		(A) land, a building, equipment, machinery,
24	24		furniture, a facility, or an improvement;
25	25		(B) a structure suitable for use as:
26	26		(i) a hospital, clinic, health facility,
27	27		extended care facility, outpatient facility, rehabilitation or
28	28		recreation facility, pharmacy, medical laboratory, dental
29	29		laboratory, physicians' office building, or laundry or
30	30		administrative facility or building related to a health facility or
31	31		system;
32	32		(ii) a multiunit housing facility for
33	33		medical staff, nurses, interns, other employees of a health
34	34		facility or system, patients of a health facility, or relatives of
35	35		patients admitted for treatment or care in a health facility;
36	36		(iii) a support facility related to a
37	37		hospital project such as an office building, parking lot or
38	38		building, or maintenance, safety, or utility facility, and related
39	39		equipment; [or]
40	40		(iv) a medical or dental research facility,
41	41		medical or dental training facility, or another facility used in
42	42		the education or training of health care personnel; or
43	43		(v) a nursing facility, assisted living
44	44		facility, or multiunit senior housing facility;
45	45		(C) property or material used in the landscaping,
46	46		equipping, or furnishing of a hospital project and other similar
47	47		items necessary or convenient for the operation of a hospital
48	48		project; and
49	49		(D) any other structure, facility, or equipment
50	50		related or essential to the operation of a health facility or
51	51		system.
52	52		SECTION 2. Section 223.011(b), Health and Safety Code, is
53	53		amended to read as follows:
54	54		(b) A hospital project may [must] be located anywhere in
55	55		this state if the location of the project is consistent with the
56	56		purpose of the hospital project and the project serves a legitimate
57	57		public purpose of the issuer [and within or partially within the
58	58		issuer's boundaries, except that a hospital project of a
59	59		municipality may be located:
60	60		[(1) outside the municipality's limits if it is within
61	61		the municipality's extraterritorial jurisdiction; or
62	62		[(2) in another municipality if the governing body of
63	63		the other municipality consents to the former municipality's
64	64		provision of the project].
65	65		SECTION 3. Section 285.101, Health and Safety Code, is
66	66		amended by amending Subsections (a) and (b) and adding Subsection
67	67		(b-1) to read as follows:
68	68		(a) This subchapter applies only to a hospital, hospital
69	69		district, or authority created and operated under Article IX, Texas
70	70		Constitution, under a special law, or under this title [that is
71	71		located in:
72	72		[(1) a county with a population of 35,000 or less;
73	73		[(2) those portions of extended municipalities that
74	74		the federal census bureau has determined to be rural; or
75	75		[(3) an area that is not delineated as an urbanized
76	76		area by the federal census bureau].
77	77		(b) A hospital, hospital district, or authority covered by
78	78		this subchapter may:
79	79		(1) construct, acquire, own, operate, enlarge,
80	80		improve, furnish, or equip one or more of the following types of
81	81		facilities or services for the care of persons who are [the] elderly
82	82		or persons with a disability [disabled]:
83	83		(A) a nursing facility [home] or similar
84	84		long-term care facility;
85	85		(B) elderly housing;
86	86		(C) assisted living;
87	87		(D) home health;
88	88		(E) personal care;
89	89		(F) special care;
90	90		(G) continuing care; or
91	91		(H) durable medical equipment;
92	92		(2) lease or enter into an operations or management
93	93		agreement relating to all or part of a facility or service described
94	94		in Subdivision (1) that is owned by the hospital, hospital
95	95		district, or authority;
96	96		(3) close, transfer, sell, or otherwise convey all or
97	97		part of a facility and discontinue services; and
98	98		(4) issue [revenue] bonds and other notes or
99	99		obligations to acquire, construct, or improve a facility for the
100	100		care of persons who are [the] elderly or persons with a disability
101	101		[disabled] or to implement the delivery of a service for the care of
102	102		persons who are [the] elderly or persons with a disability
103	103		[disabled].
104	104		(b-1) A facility or service under Subsection (b) may be
105	105		located or offered, as applicable, in any location that the
106	106		governing body of the hospital, hospital district, or authority
107	107		considers to be in the best interest of the hospital, hospital
108	108		district, or authority.
109	109		SECTION 4. The following sections of the Health and Safety
110	110		Code are repealed:
111	111		(1) Section 262.034; and
112	112		(2) Section 285.101(d).
113	113		SECTION 5. This Act takes effect September 1, 2015.