HBA-MPA H.B. 2942 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2942
By: Lewis, Glenn
County Affairs
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Tarrant County operates the Tarrant County Resource Connection,
formerly owned or controlled by the Texas Department of Mental Health and
Mental Retardation, which is a unique combination of human service agencies
located together with the intent of providing a convenient, one-stop
resource for clients.  The agencies located at the county-owned Resource
Connection include a combination of public, private nonprofit, state, and
local human service agencies.  In order for a for-profit human service
group to locate at the Resource Connection the county is currently required
to conduct a competitive or sealed bidding process, which might exclude the
most compatible groups.  The ability to locate other compatible, for-profit
human service agencies, without being restricted by the competitive or
sealed bid process, would enhance the ability of the Resource Connection to
meet the needs of their clients and comply with the intent of the one-stop
center vision and the state privatization initiative. 

H.B. 2942 permits a county to lease space in a facility formerly owned or
controlled by the Texas Department of Mental Health and Mental Retardation
to a for-profit entity without going through the competitive bidding or
sealed proposal process, and sets out conditions for such a lease. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 263.007, Local Government Code,  by
redesignating Subsection  (f) as Subsection (g) and adding Subsection (f),
to authorize the commissioners court of a county that contains the majority
of the territory of two or more municipalities with a population of 250,000
or more to lease property owned or controlled by the county that was
formerly owned or controlled by the Texas Department of Mental Health and
Mental Retardation to a for-profit entity to conduct health and human
services activities that the commissioners court finds to be in the public
interest, without using the sealed-bid or sealed-proposal  process under
this section or any other competitive bidding process required by law.
Requires the commissioners court to follow the procedure prescribed by
Subsection (e) (dealing with the leasing procedure of county property to
nonprofit entities for the purpose of providing health and human services)
with regard to a lease. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.