84R8842 MEW-F
By: Clardy H.B. No. 3332
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain public hospitals to construct
certain facilities and to provide certain services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 223.002(4), Health and Safety Code, is
amended to read as follows:
(4) "Hospital project" means existing or future real,
personal, or mixed property, or an interest in that property,
[other than a nursing home licensed or required to be licensed under
the authority of this state,] the financing, refinancing,
acquiring, providing, constructing, enlarging, remodeling,
renovating, improving, furnishing, or equipping of which is found
by the governing body of an issuer to be necessary for medical care,
research, training, or teaching in this state. A hospital project
may include one or more of the following properties if found by the
governing body of an issuer to be necessary or convenient for the
project:
(A) land, a building, equipment, machinery,
furniture, a facility, or an improvement;
(B) a structure suitable for use as:
(i) a hospital, clinic, health facility,
extended care facility, outpatient facility, rehabilitation or
recreation facility, pharmacy, medical laboratory, dental
laboratory, physicians' office building, or laundry or
administrative facility or building related to a health facility or
system;
(ii) a multiunit housing facility for
medical staff, nurses, interns, other employees of a health
facility or system, patients of a health facility, or relatives of
patients admitted for treatment or care in a health facility;
(iii) a support facility related to a
hospital project such as an office building, parking lot or
building, or maintenance, safety, or utility facility, and related
equipment; [or]
(iv) a medical or dental research facility,
medical or dental training facility, or another facility used in
the education or training of health care personnel; or
(v) a nursing facility, assisted living
facility, or multiunit senior housing facility;
(C) property or material used in the landscaping,
equipping, or furnishing of a hospital project and other similar
items necessary or convenient for the operation of a hospital
project; and
(D) any other structure, facility, or equipment
related or essential to the operation of a health facility or
system.
SECTION 2. Section 223.011(b), Health and Safety Code, is
amended to read as follows:
(b) A hospital project may [must] be located anywhere in
this state if the location of the project is consistent with the
purpose of the hospital project and the project serves a legitimate
public purpose of the issuer [and within or partially within the
issuer's boundaries, except that a hospital project of a
municipality may be located:
[(1) outside the municipality's limits if it is within
the municipality's extraterritorial jurisdiction; or
[(2) in another municipality if the governing body of
the other municipality consents to the former municipality's
provision of the project].
SECTION 3. Section 285.101, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(b-1) to read as follows:
(a) This subchapter applies only to a hospital, hospital
district, or authority created and operated under Article IX, Texas
Constitution, under a special law, or under this title [that is
located in:
[(1) a county with a population of 35,000 or less;
[(2) those portions of extended municipalities that
the federal census bureau has determined to be rural; or
[(3) an area that is not delineated as an urbanized
area by the federal census bureau].
(b) A hospital, hospital district, or authority covered by
this subchapter may:
(1) construct, acquire, own, operate, enlarge,
improve, furnish, or equip one or more of the following types of
facilities or services for the care of persons who are [the] elderly
or persons with a disability [disabled]:
(A) a nursing facility [home] or similar
long-term care facility;
(B) elderly housing;
(C) assisted living;
(D) home health;
(E) personal care;
(F) special care;
(G) continuing care; or
(H) durable medical equipment;
(2) lease or enter into an operations or management
agreement relating to all or part of a facility or service described
in Subdivision (1) that is owned by the hospital, hospital
district, or authority;
(3) close, transfer, sell, or otherwise convey all or
part of a facility and discontinue services; and
(4) issue [revenue] bonds and other notes or
obligations to acquire, construct, or improve a facility for the
care of persons who are [the] elderly or persons with a disability
[disabled] or to implement the delivery of a service for the care of
persons who are [the] elderly or persons with a disability
[disabled].
(b-1) A facility or service under Subsection (b) may be
located or offered, as applicable, in any location that the
governing body of the hospital, hospital district, or authority
considers to be in the best interest of the hospital, hospital
district, or authority.
SECTION 4. The following sections of the Health and Safety
Code are repealed:
(1) Section 262.034; and
(2) Section 285.101(d).
SECTION 5. This Act takes effect September 1, 2015.