Texas 2009 - 81st Regular

Texas House Bill HB281 Compare Versions

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1	1	H.B. No. 281
2	2
3	3
4	4	AN ACT
5	5	relating to grants for school-based health centers and reports
6	6	submitted by those centers.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 38.063, Education Code, is amended by
9	9	amending Subsections (a), (b), (d), (e), (f), and (g) and adding
10	10	Subsections (e-1) and (e-2) to read as follows:
11	11	(a) Subject to the availability of federal or state
12	12	appropriated funds, the commissioner of state [public] health
13	13	services shall administer a program under which grants are awarded
14	14	to assist school districts and local health departments, hospitals,
15	15	health care systems, universities, or nonprofit organizations that
16	16	contract with school districts with the costs of [operating]
17	17	school-based health centers in accordance with this section.
18	18	(b) The commissioner of state [public] health services, by
19	19	rules adopted in accordance with this section, shall establish
20	20	procedures for awarding grants. The rules must provide that:
21	21	(1) grants are awarded annually [to school districts
22	22	on an annual basis] through a competitive process to:
23	23	(A) school districts; and
24	24	(B) local health departments, hospitals, health
25	25	care systems, universities, or nonprofit organizations that have
26	26	contracted with school districts to establish and operate
27	27	school-based health centers;
28	28	(2) subject to the availability of federal or state
29	29	appropriated funds, each grant is for a term of five years; and
30	30	(3) a preference is given to school-based health
31	31	centers in school districts that are located in rural areas or that
32	32	have low property wealth per student.
33	33	(d) A school district, local health department, hospital,
34	34	health care system, university, or nonprofit organization may not
35	35	receive more than $250,000 per state fiscal biennium through grants
36	36	awarded under this section.
37	37	(e) To be eligible to receive a grant, a school district,
38	38	local health department, hospital, health care system, university,
39	39	or nonprofit organization must provide matching funds in accordance
40	40	with rules adopted under Subsection (b). The matching funds may be
41	41	obtained from any source available to the district, local health
42	42	department, hospital, health care system, university, or nonprofit
43	43	organization, including in-kind contributions, community or
44	44	foundation grants, individual contributions, and local
45	45	governmental agency operating funds.
46	46	(e-1) A grant under this section may not be given to a
47	47	nonprofit organization that offers reproductive services,
48	48	contraceptive services, counseling, or referrals, or any other
49	49	services that require a license under Chapter 245, Health and
50	50	Safety Code, or that is affiliated with a nonprofit organization
51	51	that is licensed under Chapter 245, Health and Safety Code.
52	52	(e-2) A school district, local health department, hospital,
53	53	health care system, university, or nonprofit organization
54	54	receiving a grant under this section may use the grant funds to:
55	55	(1) establish a new school-based health center;
56	56	(2) expand an existing school-based health center; or
57	57	(3) operate a school-based health center.
58	58	(f) The commissioner of state [public] health services
59	59	shall adopt rules establishing standards for health care centers
60	60	funded through grants that place primary emphasis on delivery of
61	61	health services and secondary emphasis on population-based models
62	62	that prevent emerging health threats.
63	63	(g) The commissioner of state [public] health services
64	64	shall require client surveys to be conducted in school-based health
65	65	centers funded through grants awarded under this section[, and the
66	66	results of those surveys must be included in the annual report
67	67	required under Section 38.064].
68	68	SECTION 2. Section 38.064, Education Code, is amended to
69	69	read as follows:
70	70	Sec. 38.064. REPORT TO LEGISLATURE. (a) Based on
71	71	statistics obtained from every school-based health center in this
72	72	state that receives funding through the Department of State Health
73	73	Services, the Department of State Health Services [commissioner of
74	74	public health] shall issue a biennial [an annual] report to the
75	75	legislature about the relative efficacy of services delivered by
76	76	the [school-based health] centers during the preceding two years
77	77	and any increased academic success of students at campuses served
78	78	by those centers, with special emphasis on any:
79	79	(1) increased attendance, including attendance
80	80	information regarding students with chronic illnesses;
81	81	(2) decreased drop-out rates;
82	82	(3) improved student health; [and]
83	83	(4) increased student immunization rates;
84	84	(5) increased student participation in preventive
85	85	health measures, including routine physical examinations and
86	86	checkups conducted in accordance with the Texas Health Steps
87	87	program; and
88	88	(6) improved performance on student assessment
89	89	instruments administered under Subchapter B, Chapter 39.
90	90	(b) The Department of State Health Services may modify any
91	91	requirement imposed by Subsection (a) if necessary to comply with
92	92	federal law regarding confidentiality of student medical or
93	93	educational information, including the Health Insurance
94	94	Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
95	95	et seq.) and the Family Educational Rights and Privacy Act of 1974
96	96	(20 U.S.C. Section 1232g) [In obtaining statistics for preparation
97	97	of the report required by this section, the commissioner of public
98	98	health shall ensure that data is collected for each county and
99	99	aggregated appropriately according to geographical region].
100	100	SECTION 3. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2009.
105	105	______________________________ ______________________________
106	106	President of the Senate Speaker of the House
107	107	I certify that H.B. No. 281 was passed by the House on April
108	108	24, 2009, by the following vote: Yeas 95, Nays 41, 1 present, not
109	109	voting; and that the House concurred in Senate amendments to H.B.
110	110	No. 281 on May 29, 2009, by the following vote: Yeas 138, Nays 2, 1
111	111	present, not voting.
112	112	______________________________
113	113	Chief Clerk of the House
114	114	I certify that H.B. No. 281 was passed by the Senate, with
115	115	amendments, on May 27, 2009, by the following vote: Yeas 30, Nays
116	116	0.
117	117	______________________________
118	118	Secretary of the Senate
119	119	APPROVED: __________________
120	120	Date
121	121	__________________
122	122	Governor