81R2745 JSC-D
By: Pickett H.B. No. 1093
A BILL TO BE ENTITLED
AN ACT
relating to oversight of regional poison control centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 771.031(b), Health and Safety Code, is
amended to read as follows:
(b) The following individuals serve as nonvoting ex officio
members:
(1) the executive director of the Public Utility
Commission of Texas, or an individual designated by the executive
director;
(2) the executive director of the Department of
Information Resources, or an individual designated by the executive
director; and
(3) the executive commissioner of the Health and Human
Services Commission [public health], or an individual [who has
responsibility for the poison control network] designated by the
executive commissioner.
SECTION 2. Section 771.051(a), Health and Safety Code, is
amended to read as follows:
(a) The commission is the state's authority on emergency
communications. The commission shall:
(1) administer the implementation of statewide 9-1-1
service and the [telecommunications requirements for] poison
control centers under Chapter 777;
(2) develop minimum performance standards for
equipment and operation of 9-1-1 service to be followed in
developing regional plans under Section 771.055, including
requirements that the plans provide for:
(A) automatic number identification by which the
telephone number of the caller is automatically identified at the
public safety answering point receiving the call; and
(B) other features the commission considers
appropriate;
(3) examine and approve or disapprove regional plans
as provided by Section 771.056;
(4) recommend minimum training standards, assist in
training, and provide assistance in the establishment and operation
of 9-1-1 service;
(5) allocate money to prepare and operate regional
plans as provided by Section 771.056;
(6) develop and provide public education materials and
training;
(7) plan, implement, operate, and maintain poison
control center databases and assist in planning, supporting, and
facilitating 9-1-1 databases, as needed;
(8) provide grants or contracts for services that
enhance the effectiveness of 9-1-1 service;
(9) coordinate emergency communications services and
providers;
(10) make reasonable efforts to gain voluntary
cooperation in the commission's activities of emergency
communications authorities and providers outside the commission's
jurisdiction, including:
(A) making joint communications to state and
federal regulators; and
(B) arranging cooperative purchases of equipment
or services; and
(11) accept, receive, and deposit in its account in
the general revenue fund gifts, grants, and royalties from public
and private entities. Gifts, grants, and royalties may be used for
the purposes of the commission.
SECTION 3. Section 771.072(e), Health and Safety Code, is
amended to read as follows:
(e) From the revenue received from the surcharge imposed by
this section, the amount derived from the application of the
surcharge at a rate of not more than .8 percent shall be
periodically allocated [to the Texas Department of Health] to fund
grants awarded under Section 777.009.
SECTION 4. Sections 777.001(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) The poison control centers shall coordinate poison
control activities within the designated health and human services
regions for the state. The [Texas Department of Health and the
Advisory] Commission on State Emergency Communications shall
[jointly] adopt rules designating the region for each poison
control center. The [Texas Department of Health and the Advisory]
Commission on State Emergency Communications may [jointly] adopt
rules permitting poison control centers to provide services for
regions served by other poison control centers in this state as
necessary to maximize efficient use of resources and provide
appropriate services in each region.
(c) The Commission on State Emergency Communications [Texas
Board of Health] may vote to designate a seventh regional or
satellite poison control center in Harris County. That poison
control center is subject to all provisions of this chapter and
other law relating to regional poison control centers.
SECTION 5. Section 777.006, Health and Safety Code, is
amended to read as follows:
Sec. 777.006. INFORMATION AT BIRTH. The Commission on
State Emergency Communications [Texas Department of Health] shall
assist the regional poison control centers in providing
informational packets on poison prevention to parents of newborns.
SECTION 6. Sections 777.008 and 777.009, Health and Safety
Code, are amended to read as follows:
Sec. 777.008. COORDINATING COMMITTEE. (a) The
coordinating committee on poison control shall advise the [Texas
Board of Health and the Advisory] Commission on State Emergency
Communications.
(b) The committee is composed of two [one public member
appointed by the Texas Board of Health, one] public members
[member] appointed by the [Advisory] Commission on State Emergency
Communications[,] and 13 members appointed by the chief executive
officer of each of the following entities:
(1) The University of Texas Medical Branch at
Galveston;
(2) the Dallas County Hospital District/North Texas
Poison Center;
(3) The University of Texas Health Science Center at
San Antonio;
(4) R. E. Thomason General Hospital, El Paso County
Hospital District;
(5) Northwest Texas Hospital, Amarillo Hospital
District;
(6) Scott and White Memorial Hospital, Temple, Texas;
(7) The University of Texas Southwestern Medical
Center at Dallas;
(8) The Texas A&M University Health Science Center;
(9) the Texas Tech University Health Sciences Center;
(10) the Texas Veterinary Medical Diagnostic
Laboratory;
(11) the Department of Agriculture;
(12) the [Texas] Department of State Health Services;
and
(13) the [Advisory] Commission on State Emergency
Communications.
Sec. 777.009. FUNDING. (a) The [Texas Department of Health
and the Advisory] Commission on State Emergency Communications
shall establish a program to award grants to fund the regional
poison control centers.
(b) The [Texas Board of Health and the Advisory] Commission
on State Emergency Communications shall [jointly] adopt rules to
establish criteria for awarding the grants. The rules must require
the agency [agencies] to consider:
(1) the need of the region based on population served
for poison control services and the extent to which the grant would
meet the identified need;
(2) the assurance of providing quality services;
(3) the availability of other funding sources;
(4) achieving or maintaining certification as a poison
control center with the American Association of Poison Control
Centers;
(5) maintenance of effort; and
(6) the development or existence of
telecommunications systems.
(c) The [Texas Department of Health and the Advisory]
Commission on State Emergency Communications may approve grants
according to commission [their jointly adopted] rules. A grant
awarded under this section is governed by Chapter 783, Government
Code, and the rules adopted under that chapter.
(d) The [Texas Department of Health and the Advisory]
Commission on State Emergency Communications may accept gifts or
grants from any source for purposes of this chapter.
SECTION 7. Sections 777.010(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) On approval by and in coordination with the governor,
the [Texas Department of Health and the Advisory] Commission on
State Emergency Communications may [jointly] enter into a contract
for the provision of telephone referral and information services or
any program or service described by Section 777.003 to any person,
including:
(1) another state or a political subdivision of
another state; and
(2) another country or a political subdivision of
another country.
(b) The [Texas Department of Health and the Advisory]
Commission on State Emergency Communications shall contract with
one or more regional poison control centers to provide the services
required under a contract entered into under Subsection (a). The
[department and the] commission may not enter into a contract under
this subsection if, in the opinion of the [department and the]
commission, the regional poison control center's performance of the
contract would result in a diminishment in the services provided in
the region.
SECTION 8. Section 777.011, Health and Safety Code, is
amended to read as follows:
Sec. 777.011. REGIONAL POISON CONTROL SERVICES ACCOUNT.
The regional poison control services account is an account in the
general revenue fund. The account is composed of money deposited to
the account under Section 777.010(c). Money in the account may be
appropriated only to the [Texas Department of Health and the
Advisory] Commission on State Emergency Communications:
(1) for administration of and payment for contracts
entered into under Section 777.010(b); and
(2) to fund grants awarded under Section 777.009.
SECTION 9. Not later than January 1, 2010, the Department of
State Health Services and the Commission on State Emergency
Communications shall enter into a memorandum of understanding that:
(1) identifies in detail the applicable powers and
duties that are being transferred by this Act; and
(2) establishes a plan for the identification and
transfer of the records, property, and unspent appropriations of
the Department of State Health Services that are used for purposes
of the Department of State Health Services' powers and duties
relating to regional poison control centers under Chapter 777,
Health and Safety Code, and other law.
SECTION 10. (a) On May 1, 2010:
(1) all functions and activities performed by the
Department of State Health Services jointly with the Commission on
State Emergency Communications immediately before that date are
transferred to the Commission on State Emergency Communications;
(2) a rule, form, policy, procedure, or decision
jointly adopted under Chapter 777, Health and Safety Code, as it
existed before amendment by this Act, continues in effect as a rule,
form, policy, procedure, or decision of the Commission on State
Emergency Communications and remains in effect until amended or
replaced by the Commission on State Emergency Communications;
(3) a reference in law or an administrative rule to the
Department of State Health Services or its predecessor relating to
regional poison control centers is a reference to the Commission on
State Emergency Communications;
(4) all money, contracts, leases, rights, property,
records, and bonds and other obligations of the Department of State
Health Services or its predecessor relating to regional poison
control centers are transferred to the Commission on State
Emergency Communications;
(5) a court case, administrative proceeding, contract
negotiation, or other proceeding relating to regional poison
control centers involving the Department of State Health Services
or its predecessor is transferred without change in status to the
Commission on State Emergency Communications, and the Commission on
State Emergency Communications assumes, without a change in status,
the position of the Department of State Health Services in a
negotiation or proceeding relating to an activity transferred by
this Act to the Commission on State Emergency Communications to
which the Department of State Health Services is a party; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the Department of State
Health Services relating to regional poison control centers is
transferred to the Commission on State Emergency Communications.
(b) Before May 1, 2010, the Department of State Health
Services may agree with the Commission on State Emergency
Communications to transfer any property of the Department of State
Health Services to the Commission on State Emergency Communications
to implement the transfer required by this section.
(c) During the period beginning on September 1, 2009, and
ending on April 30, 2010:
(1) the Department of State Health Services shall
continue to perform functions and activities relating to regional
poison control centers under the Health and Safety Code or other law
as if the law had not been amended or repealed, as applicable, and
the former law is continued in effect for that purpose; and
(2) a person who is authorized or required by law to
take an action relating to the Department of State Health Services
or a member of the Department of State Health Services relating to
regional poison control centers shall continue to take that action
under the law as if the law had not been amended or repealed, as
applicable, and the former law is continued in effect for that
purpose.
SECTION 11. This Act takes effect September 1, 2009.