80R6115 ABC-D
 
  By: Burnam H.B. No. 1302
 
 
 
   
 
 
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.