HBA-TBM H.B. 778 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 778
By: Uher
Corrections
2/19/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, a prisoner in a county jail who receives medical, dental, or
health-related services from the county or hospital district is required to
pay for the services rendered.  Often, the county absorbs the cost of care
if a prisoner is unable to reimburse the costs to the county.  This often
happens when a state prisoner is confined in a county jail awaiting
transfer to a facility operated by, or under contract with, the Texas
Department of Criminal Justice or the Texas Youth Commission, or awaiting a
parole hearing with the Board of Pardons and Paroles.  These costs may
create an undue financial burden for counties, particularly smaller
counties.  House Bill 778 requires the state to reimburse counties for
reasonable healthcare expenses incurred while the state prisoner is held in
a county jail.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 778 amends the Code of Criminal Procedure to require the state
to reimburse any reasonable costs expended by a county or hospital district
for the medical, dental, or health-related services for a state prisoner
held in a county jail.  The bill requires the Texas Department of Health to
establish guidelines to determine whether such services are necessary and
the costs are reasonable.  The bill sets forth procedures by which a county
may request reimbursement.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.