By: Shelton (Senate Sponsor - Shapiro) H.B. No. 3278
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on
Education; May 19, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 19, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3278 By: Shapiro
A BILL TO BE ENTITLED
AN ACT
relating to membership of the commissioner of education and the
Texas Education Agency in certain advisory committees,
commissions, task forces, and other similar entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.030 to read as follows:
Sec. 7.030. ADVISORY COMMITTEE PARTICIPATION.
(a) Notwithstanding any other provision of law, the agency is not
required to participate in the Advisory Committee on Reducing Drug
Demand.
(b) This section does not prohibit the agency from
participating in the advisory committee specified under Subsection
(a).
SECTION 2. Section 535.051(b), Government Code, is amended
to read as follows:
(b) The chief administrative officer of each of the
following state agencies, in consultation with the governor, shall
designate one employee from the agency to serve as a liaison for
faith- and community-based organizations:
(1) the Office of Rural Community Affairs;
(2) the Texas Commission on Environmental Quality;
(3) the Texas Department of Criminal Justice;
(4) the Texas Department of Housing and Community
Affairs;
(5) [the Texas Education Agency;
[(6)] the Texas Juvenile Probation Commission;
(6) [(7)] the Texas Veterans Commission;
(7) [(8)] the Texas Workforce Commission;
(8) [(9)] the Texas Youth Commission; and
(9) [(10)] other state agencies as determined by the
governor.
SECTION 3. Section 772.011(b), Government Code, is amended
to read as follows:
(b) The work group is composed of the heads of the following
agencies or their designees:
(1) the Texas Department of Rural Affairs;
(2) the Texas Department of Housing and Community
Affairs;
(3) the Texas Water Development Board;
(4) the Texas Department of Transportation;
(5) the Texas Commission on Environmental Quality;
(6) the Texas Workforce Commission;
(7) the Department of State Health Services;
(8) the Health and Human Services Commission;
(9) the General Land Office;
(10) [the Texas Education Agency;
[(11)] the Texas Economic Development and Tourism
Office;
(11) [(12)] the Office of State-Federal Relations;
(12) [(13)] the Texas Higher Education Coordinating
Board;
(13) [(14)] the attorney general's office;
(14) [(15)] the secretary of state's office;
(15) [(16)] the Department of Public Safety; and
(16) [(17)] the Railroad Commission of Texas.
SECTION 4. Section 81.010(c), Health and Safety Code, is
amended to read as follows:
(c) The council consists of one representative from each of
the following agencies appointed by the executive director or
commissioner of each agency:
(1) the Department of State Health Services;
(2) the Department of Aging and Disability Services;
(3) the Department of Assistive and Rehabilitative
Services;
(4) the Department of Family and Protective Services;
(5) the Texas Youth Commission;
(6) the Texas Department of Criminal Justice;
(7) the Texas Juvenile Probation Commission;
(8) [the Texas Education Agency;
[(9)] the Texas Medical Board;
(9) [(10)] the Texas Board of Nursing;
(10) [(11)] the State Board of Dental Examiners;
(11) [(12)] the Health and Human Services Commission;
(12) [(13)] the Texas Workforce Commission; and
(13) [(14)] the Texas Higher Education Coordinating
Board.
SECTION 5. Section 93.002(a), Health and Safety Code, is
amended to read as follows:
(a) The Council on Cardiovascular Disease and Stroke is
composed of:
(1) 11 public members appointed by the governor, with
the advice and consent of the senate, as follows:
(A) a licensed physician with a specialization in
cardiology;
(B) a licensed physician with a specialization in
neurology to treat stroke;
(C) a licensed physician employed in a primary
care setting;
(D) a registered nurse with a specialization in
quality improvement practices for cardiovascular disease and
stroke;
(E) a registered and licensed dietitian;
(F) two persons with experience and training in
public health policy, research, or practice;
(G) two consumer members, with special
consideration given to persons actively participating in the Texas
affiliates of the American Heart Association or American Stroke
Association, managed care, or hospital or rehabilitation settings;
and
(H) two members from the general public that have
or care for persons with cardiovascular disease or stroke; and
(2) one nonvoting member representing each of the
state agencies that oversee:
(A) health services;
(B) [education;
[(C)] assistive and rehabilitative services; and
(C) [(D)] aging and disability services.
SECTION 6. Section 103.002(a), Health and Safety Code, is
amended to read as follows:
(a) The Texas Diabetes Council is composed of 11 citizen
members appointed from the public and one representative each from
the department, [the Texas Education Agency,] the Health and Human
Services Commission [Texas Department of Human Services], and the
Department of Assistive and Rehabilitative Services [Texas
Commission for the Blind, and the Texas Rehabilitation Commission].
SECTION 7. Sections 103.017(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The department, the Department of Assistive and
Rehabilitative Services [Texas Commission for the Blind, the Texas
Rehabilitation Commission], and the Health and Human Services
Commission [Texas Department of Human Services, and the Texas
Education Agency] shall work with the council to jointly develop,
produce, and implement a general public awareness strategy focusing
on diabetes, its complications, and techniques for achieving good
management. Each agency shall pay for the costs of producing and
disseminating information on diabetes to clients served by that
agency.
(c) The department, the Department of Assistive and
Rehabilitative Services [Texas Commission for the Blind, the Texas
Rehabilitation Commission], and the Health and Human Services
Commission [Texas Department of Human Services, and the Texas
Education Agency] may jointly develop and implement a statewide
plan for conducting regional training sessions for public and
private service providers, including institutional health care
providers, who have routine contact with persons with diabetes.
SECTION 8. Sections 614.002(a) and (e), Health and Safety
Code, are amended to read as follows:
(a) The Advisory Committee to the Texas Board of Criminal
Justice on Offenders with Medical or Mental Impairments is composed
of 29 [31] members.
(e) The executive head of each of the following agencies,
divisions of agencies, or associations, or that person's designated
representative, shall serve as a member of the committee:
(1) the correctional institutions division of the
Texas Department of Criminal Justice;
(2) the Department of State Health Services;
(3) the parole division of the Texas Department of
Criminal Justice;
(4) the community justice assistance division of the
Texas Department of Criminal Justice;
(5) the Texas Juvenile Probation Commission;
(6) the Texas Youth Commission;
(7) the Department of Assistive and Rehabilitative
Services;
(8) [the Texas Education Agency;
[(9)] the Correctional Managed Health Care Committee;
(9) [(10)] the Mental Health Association in Texas;
(10) [(11)] the Board of Pardons and Paroles;
(11) [(12)] the Commission on Law Enforcement Officer
Standards and Education;
(12) [(13)] the Texas Council of Community Mental
Health and Mental Retardation Centers;
(13) [(14)] the Commission on Jail Standards;
(14) [(15)] the Texas Council for Developmental
Disabilities;
(15) [(16)] the Texas Association for Retarded
Citizens;
(16) [(17)] the National Alliance for the Mentally Ill
of Texas;
(17) [(18)] the Parent Association for the Retarded of
Texas, Inc.;
(18) [(19)] the Health and Human Services Commission;
and
(19) [(20)] the Department of Aging and Disability
Services.
SECTION 9. Section 121.0015(b), Human Resources Code, is
amended to read as follows:
(b) The work group is composed of a representative of each
health and human services agency designated by the executive
commissioner of the Health and Human Services Commission. The
commissioner of each designated agency shall appoint the
representative for that agency [the:
[(1) Texas Education Agency, appointed by the
commissioner of education;
[(2) Texas Commission for the Blind, appointed by the
commissioner of that agency;
[(3) Texas Department of Mental Health and Mental
Retardation, appointed by the commissioner of mental health and
mental retardation;
[(4) Texas Rehabilitation Commission, appointed by
the commissioner of that agency; and
[(5) Texas Commission for the Deaf and Hard of
Hearing, appointed by the executive director of that agency].
SECTION 10. Section 1802.102(a), Occupations Code, is
amended to read as follows:
(a) The advisory board consists of six [seven] members
appointed as follows:
(1) three members who are licensed auctioneers
appointed by the presiding officer of the commission, with the
commission's approval;
(2) the executive director of the Texas Economic
Development and Tourism Office or the director's designee; and
(3) [the commissioner of education or the
commissioner's designee; and
[(4)] two public members.
SECTION 11. 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, 2011.
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