|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the provision of public health services or benefits |
|
without regard to a person's immigration status; providing a |
|
penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 64, Health and Safety Code, is amended by |
|
adding Sections 64.002 and 64.003 to read as follows: |
|
Sec. 64.002. PUBLIC HEALTH BENEFITS FOR CERTAIN PERSONS. |
|
(a) As authorized by 8 U.S.C. Section 1621(d), this subsection |
|
affirmatively establishes eligibility for nonemergency public |
|
health benefits provided by a municipality, county, or public |
|
hospital for a person who would otherwise be ineligible under 8 |
|
U.S.C. Section 1621(a), provided that only local money is used to |
|
provide the benefits. A person is not considered a resident of a |
|
municipality or county if the person attempted to establish |
|
residence solely to obtain health care assistance. |
|
(b) A person whose eligibility is established under |
|
Subsection (a) qualifies for public health benefits only if the |
|
person otherwise meets the eligibility requirements established by |
|
the municipality, county, or public hospital for those benefits. |
|
Sec. 64.003. DISCRIMINATION PROHIBITED IN CERTAIN |
|
MUNICIPALITIES AND COUNTIES; CIVIL PENALTY. (a) This section |
|
applies only to a municipality or county with a population of more |
|
than one million or a public hospital located in a county with a |
|
population of more than one million. |
|
(b) A municipality, county, or public hospital described by |
|
Subsection (a) that provides a public health service or benefit: |
|
(1) shall provide the service or benefit without |
|
regard to a person's immigration status; and |
|
(2) may not deny the service or benefit to an eligible |
|
person solely because of a person's immigration status. |
|
(c) A municipality, county, or public hospital that |
|
violates Subsection (b) is liable to the state for a civil penalty |
|
of $1,000 for each violation. |
|
(d) The attorney general may bring an action to recover a |
|
civil penalty authorized under Subsection (c). |
|
(e) The attorney general may recover reasonable expenses |
|
incurred in obtaining a civil penalty under Subsection (c), |
|
including court costs, reasonable attorney's fees, investigative |
|
costs, witness fees, and deposition expenses. |
|
SECTION 2. Section 285.201, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 285.201. PUBLIC HEALTH BENEFITS FOR CERTAIN PERSONS |
|
[PROVISION OF MEDICAL AND HOSPITAL CARE]. (a) As authorized by 8 |
|
U.S.C. Section 1621(d), this subsection [chapter] affirmatively |
|
establishes eligibility for nonemergency public health benefits |
|
provided by a hospital district for a person who would otherwise be |
|
ineligible under 8 U.S.C. Section 1621(a), provided that only local |
|
money is used to provide the [funds are utilized for the provision
|
|
of nonemergency public health] benefits. A person is not |
|
considered a resident of a [governmental entity or] hospital |
|
district if the person attempted to establish residence solely to |
|
obtain health care assistance. |
|
(b) A person whose eligibility is established under |
|
Subsection (a) qualifies for public health benefits only if the |
|
person otherwise meets the eligibility requirements established by |
|
the hospital district for those benefits. |
|
SECTION 3. Subchapter M, Chapter 285, Health and Safety |
|
Code, is amended by adding Section 285.202 to read as follows: |
|
Sec. 285.202. DISCRIMINATION PROHIBITED IN CERTAIN |
|
HOSPITAL DISTRICTS; CIVIL PENALTY. (a) A hospital district with a |
|
population of more than one million that provides a public health |
|
service or benefit: |
|
(1) shall provide the service or benefit without |
|
regard to a person's immigration status; and |
|
(2) may not deny the service or benefit solely because |
|
of a person's immigration status. |
|
(b) A hospital district that violates Subsection (a) is |
|
liable to the state for a civil penalty of $1,000 for each |
|
violation. |
|
(c) The attorney general may bring an action to recover a |
|
civil penalty authorized under Subsection (b). |
|
(d) The attorney general may recover reasonable expenses |
|
incurred in obtaining a civil penalty under Subsection (b), |
|
including court costs, reasonable attorney's fees, investigative |
|
costs, witness fees, and deposition expenses. |
|
SECTION 4. This Act takes effect September 1, 2007. |