H.B. No. 281
AN ACT
relating to grants for school-based health centers and reports
submitted by those centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.063, Education Code, is amended by
amending Subsections (a), (b), (d), (e), (f), and (g) and adding
Subsections (e-1) and (e-2) to read as follows:
(a) Subject to the availability of federal or state
appropriated funds, the commissioner of state [public] health
services shall administer a program under which grants are awarded
to assist school districts and local health departments, hospitals,
health care systems, universities, or nonprofit organizations that
contract with school districts with the costs of [operating]
school-based health centers in accordance with this section.
(b) The commissioner of state [public] health services, by
rules adopted in accordance with this section, shall establish
procedures for awarding grants. The rules must provide that:
(1) grants are awarded annually [to school districts
on an annual basis] through a competitive process to:
(A) school districts; and
(B) local health departments, hospitals, health
care systems, universities, or nonprofit organizations that have
contracted with school districts to establish and operate
school-based health centers;
(2) subject to the availability of federal or state
appropriated funds, each grant is for a term of five years; and
(3) a preference is given to school-based health
centers in school districts that are located in rural areas or that
have low property wealth per student.
(d) A school district, local health department, hospital,
health care system, university, or nonprofit organization may not
receive more than $250,000 per state fiscal biennium through grants
awarded under this section.
(e) To be eligible to receive a grant, a school district,
local health department, hospital, health care system, university,
or nonprofit organization must provide matching funds in accordance
with rules adopted under Subsection (b). The matching funds may be
obtained from any source available to the district, local health
department, hospital, health care system, university, or nonprofit
organization, including in-kind contributions, community or
foundation grants, individual contributions, and local
governmental agency operating funds.
(e-1) A grant under this section may not be given to a
nonprofit organization that offers reproductive services,
contraceptive services, counseling, or referrals, or any other
services that require a license under Chapter 245, Health and
Safety Code, or that is affiliated with a nonprofit organization
that is licensed under Chapter 245, Health and Safety Code.
(e-2) A school district, local health department, hospital,
health care system, university, or nonprofit organization
receiving a grant under this section may use the grant funds to:
(1) establish a new school-based health center;
(2) expand an existing school-based health center; or
(3) operate a school-based health center.
(f) The commissioner of state [public] health services
shall adopt rules establishing standards for health care centers
funded through grants that place primary emphasis on delivery of
health services and secondary emphasis on population-based models
that prevent emerging health threats.
(g) The commissioner of state [public] health services
shall require client surveys to be conducted in school-based health
centers funded through grants awarded under this section[, and the
results of those surveys must be included in the annual report
required under Section 38.064].
SECTION 2. Section 38.064, Education Code, is amended to
read as follows:
Sec. 38.064. REPORT TO LEGISLATURE. (a) Based on
statistics obtained from every school-based health center in this
state that receives funding through the Department of State Health
Services, the Department of State Health Services [commissioner of
public health] shall issue a biennial [an annual] report to the
legislature about the relative efficacy of services delivered by
the [school-based health] centers during the preceding two years
and any increased academic success of students at campuses served
by those centers, with special emphasis on any:
(1) increased attendance, including attendance
information regarding students with chronic illnesses;
(2) decreased drop-out rates;
(3) improved student health; [and]
(4) increased student immunization rates;
(5) increased student participation in preventive
health measures, including routine physical examinations and
checkups conducted in accordance with the Texas Health Steps
program; and
(6) improved performance on student assessment
instruments administered under Subchapter B, Chapter 39.
(b) The Department of State Health Services may modify any
requirement imposed by Subsection (a) if necessary to comply with
federal law regarding confidentiality of student medical or
educational information, including the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
et seq.) and the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g) [In obtaining statistics for preparation
of the report required by this section, the commissioner of public
health shall ensure that data is collected for each county and
aggregated appropriately according to geographical region].
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 281 was passed by the House on April
24, 2009, by the following vote: Yeas 95, Nays 41, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 281 on May 29, 2009, by the following vote: Yeas 138, Nays 2, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 281 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor