Texas 2009 - 81st Regular

Texas House Bill HB1093 Compare Versions

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1	1	81R2745 JSC-D
2	2	By: Pickett H.B. No. 1093
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to oversight of regional poison control centers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 771.031(b), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(b) The following individuals serve as nonvoting ex officio
12	12	members:
13	13	(1) the executive director of the Public Utility
14	14	Commission of Texas, or an individual designated by the executive
15	15	director;
16	16	(2) the executive director of the Department of
17	17	Information Resources, or an individual designated by the executive
18	18	director; and
19	19	(3) the executive commissioner of the Health and Human
20	20	Services Commission [public health], or an individual [who has
21	21	responsibility for the poison control network] designated by the
22	22	executive commissioner.
23	23	SECTION 2. Section 771.051(a), Health and Safety Code, is
24	24	amended to read as follows:
25	25	(a) The commission is the state's authority on emergency
26	26	communications. The commission shall:
27	27	(1) administer the implementation of statewide 9-1-1
28	28	service and the [telecommunications requirements for] poison
29	29	control centers under Chapter 777;
30	30	(2) develop minimum performance standards for
31	31	equipment and operation of 9-1-1 service to be followed in
32	32	developing regional plans under Section 771.055, including
33	33	requirements that the plans provide for:
34	34	(A) automatic number identification by which the
35	35	telephone number of the caller is automatically identified at the
36	36	public safety answering point receiving the call; and
37	37	(B) other features the commission considers
38	38	appropriate;
39	39	(3) examine and approve or disapprove regional plans
40	40	as provided by Section 771.056;
41	41	(4) recommend minimum training standards, assist in
42	42	training, and provide assistance in the establishment and operation
43	43	of 9-1-1 service;
44	44	(5) allocate money to prepare and operate regional
45	45	plans as provided by Section 771.056;
46	46	(6) develop and provide public education materials and
47	47	training;
48	48	(7) plan, implement, operate, and maintain poison
49	49	control center databases and assist in planning, supporting, and
50	50	facilitating 9-1-1 databases, as needed;
51	51	(8) provide grants or contracts for services that
52	52	enhance the effectiveness of 9-1-1 service;
53	53	(9) coordinate emergency communications services and
54	54	providers;
55	55	(10) make reasonable efforts to gain voluntary
56	56	cooperation in the commission's activities of emergency
57	57	communications authorities and providers outside the commission's
58	58	jurisdiction, including:
59	59	(A) making joint communications to state and
60	60	federal regulators; and
61	61	(B) arranging cooperative purchases of equipment
62	62	or services; and
63	63	(11) accept, receive, and deposit in its account in
64	64	the general revenue fund gifts, grants, and royalties from public
65	65	and private entities. Gifts, grants, and royalties may be used for
66	66	the purposes of the commission.
67	67	SECTION 3. Section 771.072(e), Health and Safety Code, is
68	68	amended to read as follows:
69	69	(e) From the revenue received from the surcharge imposed by
70	70	this section, the amount derived from the application of the
71	71	surcharge at a rate of not more than .8 percent shall be
72	72	periodically allocated [to the Texas Department of Health] to fund
73	73	grants awarded under Section 777.009.
74	74	SECTION 4. Sections 777.001(b) and (c), Health and Safety
75	75	Code, are amended to read as follows:
76	76	(b) The poison control centers shall coordinate poison
77	77	control activities within the designated health and human services
78	78	regions for the state. The [Texas Department of Health and the
79	79	Advisory] Commission on State Emergency Communications shall
80	80	[jointly] adopt rules designating the region for each poison
81	81	control center. The [Texas Department of Health and the Advisory]
82	82	Commission on State Emergency Communications may [jointly] adopt
83	83	rules permitting poison control centers to provide services for
84	84	regions served by other poison control centers in this state as
85	85	necessary to maximize efficient use of resources and provide
86	86	appropriate services in each region.
87	87	(c) The Commission on State Emergency Communications [Texas
88	88	Board of Health] may vote to designate a seventh regional or
89	89	satellite poison control center in Harris County. That poison
90	90	control center is subject to all provisions of this chapter and
91	91	other law relating to regional poison control centers.
92	92	SECTION 5. Section 777.006, Health and Safety Code, is
93	93	amended to read as follows:
94	94	Sec. 777.006. INFORMATION AT BIRTH. The Commission on
95	95	State Emergency Communications [Texas Department of Health] shall
96	96	assist the regional poison control centers in providing
97	97	informational packets on poison prevention to parents of newborns.
98	98	SECTION 6. Sections 777.008 and 777.009, Health and Safety
99	99	Code, are amended to read as follows:
100	100	Sec. 777.008. COORDINATING COMMITTEE. (a) The
101	101	coordinating committee on poison control shall advise the [Texas
102	102	Board of Health and the Advisory] Commission on State Emergency
103	103	Communications.
104	104	(b) The committee is composed of two [one public member
105	105	appointed by the Texas Board of Health, one] public members
106	106	[member] appointed by the [Advisory] Commission on State Emergency
107	107	Communications[,] and 13 members appointed by the chief executive
108	108	officer of each of the following entities:
109	109	(1) The University of Texas Medical Branch at
110	110	Galveston;
111	111	(2) the Dallas County Hospital District/North Texas
112	112	Poison Center;
113	113	(3) The University of Texas Health Science Center at
114	114	San Antonio;
115	115	(4) R. E. Thomason General Hospital, El Paso County
116	116	Hospital District;
117	117	(5) Northwest Texas Hospital, Amarillo Hospital
118	118	District;
119	119	(6) Scott and White Memorial Hospital, Temple, Texas;
120	120	(7) The University of Texas Southwestern Medical
121	121	Center at Dallas;
122	122	(8) The Texas A&M University Health Science Center;
123	123	(9) the Texas Tech University Health Sciences Center;
124	124	(10) the Texas Veterinary Medical Diagnostic
125	125	Laboratory;
126	126	(11) the Department of Agriculture;
127	127	(12) the [Texas] Department of State Health Services;
128	128	and
129	129	(13) the [Advisory] Commission on State Emergency
130	130	Communications.
131	131	Sec. 777.009. FUNDING. (a) The [Texas Department of Health
132	132	and the Advisory] Commission on State Emergency Communications
133	133	shall establish a program to award grants to fund the regional
134	134	poison control centers.
135	135	(b) The [Texas Board of Health and the Advisory] Commission
136	136	on State Emergency Communications shall [jointly] adopt rules to
137	137	establish criteria for awarding the grants. The rules must require
138	138	the agency [agencies] to consider:
139	139	(1) the need of the region based on population served
140	140	for poison control services and the extent to which the grant would
141	141	meet the identified need;
142	142	(2) the assurance of providing quality services;
143	143	(3) the availability of other funding sources;
144	144	(4) achieving or maintaining certification as a poison
145	145	control center with the American Association of Poison Control
146	146	Centers;
147	147	(5) maintenance of effort; and
148	148	(6) the development or existence of
149	149	telecommunications systems.
150	150	(c) The [Texas Department of Health and the Advisory]
151	151	Commission on State Emergency Communications may approve grants
152	152	according to commission [their jointly adopted] rules. A grant
153	153	awarded under this section is governed by Chapter 783, Government
154	154	Code, and the rules adopted under that chapter.
155	155	(d) The [Texas Department of Health and the Advisory]
156	156	Commission on State Emergency Communications may accept gifts or
157	157	grants from any source for purposes of this chapter.
158	158	SECTION 7. Sections 777.010(a) and (b), Health and Safety
159	159	Code, are amended to read as follows:
160	160	(a) On approval by and in coordination with the governor,
161	161	the [Texas Department of Health and the Advisory] Commission on
162	162	State Emergency Communications may [jointly] enter into a contract
163	163	for the provision of telephone referral and information services or
164	164	any program or service described by Section 777.003 to any person,
165	165	including:
166	166	(1) another state or a political subdivision of
167	167	another state; and
168	168	(2) another country or a political subdivision of
169	169	another country.
170	170	(b) The [Texas Department of Health and the Advisory]
171	171	Commission on State Emergency Communications shall contract with
172	172	one or more regional poison control centers to provide the services
173	173	required under a contract entered into under Subsection (a). The
174	174	[department and the] commission may not enter into a contract under
175	175	this subsection if, in the opinion of the [department and the]
176	176	commission, the regional poison control center's performance of the
177	177	contract would result in a diminishment in the services provided in
178	178	the region.
179	179	SECTION 8. Section 777.011, Health and Safety Code, is
180	180	amended to read as follows:
181	181	Sec. 777.011. REGIONAL POISON CONTROL SERVICES ACCOUNT.
182	182	The regional poison control services account is an account in the
183	183	general revenue fund. The account is composed of money deposited to
184	184	the account under Section 777.010(c). Money in the account may be
185	185	appropriated only to the [Texas Department of Health and the
186	186	Advisory] Commission on State Emergency Communications:
187	187	(1) for administration of and payment for contracts
188	188	entered into under Section 777.010(b); and
189	189	(2) to fund grants awarded under Section 777.009.
190	190	SECTION 9. Not later than January 1, 2010, the Department of
191	191	State Health Services and the Commission on State Emergency
192	192	Communications shall enter into a memorandum of understanding that:
193	193	(1) identifies in detail the applicable powers and
194	194	duties that are being transferred by this Act; and
195	195	(2) establishes a plan for the identification and
196	196	transfer of the records, property, and unspent appropriations of
197	197	the Department of State Health Services that are used for purposes
198	198	of the Department of State Health Services' powers and duties
199	199	relating to regional poison control centers under Chapter 777,
200	200	Health and Safety Code, and other law.
201	201	SECTION 10. (a) On May 1, 2010:
202	202	(1) all functions and activities performed by the
203	203	Department of State Health Services jointly with the Commission on
204	204	State Emergency Communications immediately before that date are
205	205	transferred to the Commission on State Emergency Communications;
206	206	(2) a rule, form, policy, procedure, or decision
207	207	jointly adopted under Chapter 777, Health and Safety Code, as it
208	208	existed before amendment by this Act, continues in effect as a rule,
209	209	form, policy, procedure, or decision of the Commission on State
210	210	Emergency Communications and remains in effect until amended or
211	211	replaced by the Commission on State Emergency Communications;
212	212	(3) a reference in law or an administrative rule to the
213	213	Department of State Health Services or its predecessor relating to
214	214	regional poison control centers is a reference to the Commission on
215	215	State Emergency Communications;
216	216	(4) all money, contracts, leases, rights, property,
217	217	records, and bonds and other obligations of the Department of State
218	218	Health Services or its predecessor relating to regional poison
219	219	control centers are transferred to the Commission on State
220	220	Emergency Communications;
221	221	(5) a court case, administrative proceeding, contract
222	222	negotiation, or other proceeding relating to regional poison
223	223	control centers involving the Department of State Health Services
224	224	or its predecessor is transferred without change in status to the
225	225	Commission on State Emergency Communications, and the Commission on
226	226	State Emergency Communications assumes, without a change in status,
227	227	the position of the Department of State Health Services in a
228	228	negotiation or proceeding relating to an activity transferred by
229	229	this Act to the Commission on State Emergency Communications to
230	230	which the Department of State Health Services is a party; and
231	231	(6) the unexpended and unobligated balance of any
232	232	money appropriated by the legislature for the Department of State
233	233	Health Services relating to regional poison control centers is
234	234	transferred to the Commission on State Emergency Communications.
235	235	(b) Before May 1, 2010, the Department of State Health
236	236	Services may agree with the Commission on State Emergency
237	237	Communications to transfer any property of the Department of State
238	238	Health Services to the Commission on State Emergency Communications
239	239	to implement the transfer required by this section.
240	240	(c) During the period beginning on September 1, 2009, and
241	241	ending on April 30, 2010:
242	242	(1) the Department of State Health Services shall
243	243	continue to perform functions and activities relating to regional
244	244	poison control centers under the Health and Safety Code or other law
245	245	as if the law had not been amended or repealed, as applicable, and
246	246	the former law is continued in effect for that purpose; and
247	247	(2) a person who is authorized or required by law to
248	248	take an action relating to the Department of State Health Services
249	249	or a member of the Department of State Health Services relating to
250	250	regional poison control centers shall continue to take that action
251	251	under the law as if the law had not been amended or repealed, as
252	252	applicable, and the former law is continued in effect for that
253	253	purpose.
254	254	SECTION 11. This Act takes effect September 1, 2009.