By: Ogden S.B. No. 1579
(In the Senate - Filed March 11, 2011; March 23, 2011, read
first time and referred to Committee on Finance; April 26, 2011,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 11, Nays 2; April 26, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1579 By: Ogden
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters related to general government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES
GENERALLY
SECTION 1.01. This article applies to any state agency that
receives an appropriation under Article I of the General
Appropriations Act.
SECTION 1.02. Notwithstanding any other statute of this
state, each state agency to which this article applies is
authorized to reduce or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) adopting additional eligibility requirements for
persons who receive benefits under any law the agency administers
to ensure that those benefits are received by the most deserving
persons consistent with the purposes for which the benefits are
provided;
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(6) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
ARTICLE 2. FISCAL MATTERS REGARDING LEASING CERTAIN STATE
FACILITIES
SECTION 2.01. The heading to Section 2165.2035, Government
Code, is amended to read as follows:
Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; USE AFTER HOURS.
SECTION 2.02. Subchapter E, Chapter 2165, Government Code,
is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to
read as follows:
Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission
may lease to a private individual an individual parking space in a
state-owned parking lot or garage located in the city of Austin that
the commission determines is not needed to accommodate the regular
parking requirements of state employees who work near the lot or
garage and visitors to nearby state government offices.
(b) Money received from a lease under this section shall be
deposited to the credit of the general revenue fund.
Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission
may lease to an institution of higher education or a local
government all or a significant block of a state-owned parking lot
or garage located in the city of Austin that the commission
determines is not needed to accommodate the regular parking
requirements of state employees who work near the lot or garage and
visitors to nearby state government offices.
(b) Money received from a lease under this section shall be
deposited to the credit of the general revenue fund.
Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before
October 1 of each even-numbered year, the commission shall submit a
report to the Legislative Budget Board describing the effectiveness
of parking programs developed by the commission under this
subchapter. The report must, at a minimum, include:
(1) the yearly revenue generated by the programs;
(2) the yearly administrative and enforcement costs of
each program;
(3) yearly usage statistics for each program; and
(4) initiatives and suggestions by the commission to:
(A) modify administration of the programs; and
(B) increase revenue generated by the programs.
SECTION 2.03. This article takes effect immediately if this
Act 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 article takes effect September 1, 2011.
ARTICLE 3. FISCAL MATTERS RELATING TO SECRETARY OF STATE
SECTION 3.01. Section 405.014, Government Code, is amended
to read as follows:
Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each
session of the legislature the secretary of state shall obtain the
bills that have become law. Immediately after the closing of each
session of the legislature, the secretary of state shall bind all
enrolled bills and resolutions in volumes on which the date of the
session is placed.
(b) As soon as practicable after the closing of each session
of the legislature, the secretary of state shall publish and
maintain electronically the bills enacted at that session. The
electronic publication must be:
(1) indexed by bill number and assigned chapter number
for each bill; and
(2) made available by an electronic link on the
secretary of state's generally accessible Internet website.
SECTION 3.02. Subchapter B, Chapter 2158, Government Code,
is repealed.
SECTION 3.03. The change in law made by this article does
not apply to a contract for the publication of the laws of this
state entered into before the effective date of this article.
SECTION 3.04. This article takes effect immediately if this
Act 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 article takes effect September 1, 2011.
ARTICLE 4. FISCAL MATTERS REGARDING ATTORNEY GENERAL
SECTION 4.01. Section 402.006, Government Code, is amended
by adding Subsection (e) to read as follows:
(e) The attorney general may charge a reasonable fee for the
electronic filing of a document.
SECTION 4.02. The heading to Section 402.0212, Government
Code, is amended to read as follows:
Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE
COUNSEL; FEES.
SECTION 4.03. Section 402.0212, Government Code, is amended
by amending Subsections (b) and (c) and adding Subsections (d),
(e), and (f) to read as follows:
(b) An invoice submitted to a state agency under a contract
for legal services as described by Subsection (a) must be reviewed
by the attorney general to determine whether the invoice is
eligible for payment.
(c) An attorney or law firm must pay an administrative fee
to the attorney general for the review described in Subsection (b)
when entering into a contract to provide legal services to a state
agency.
(d) For purposes of this section, the functions of a hearing
examiner, administrative law judge, or other quasi-judicial
officer are not considered legal services.
(e) [(c)] This section shall not apply to the Texas Turnpike
Authority division of the Texas Department of Transportation.
(f) The attorney general may adopt rules as necessary to
implement and administer this section.
SECTION 4.04. Section 371.051, Transportation Code, is
amended to read as follows:
Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll
project entity may not enter into a comprehensive development
agreement unless the attorney general reviews the proposed
agreement and determines that it is legally sufficient.
(b) The attorney general may charge a toll project entity a
reasonable fee for the review described in Subsection (a).
(c) If the toll project entity submits multiple proposed
comprehensive development agreements relating to the same toll
project for review, the entity shall pay the fee under Subsection
(b) for each proposed comprehensive development agreement.
(d) The toll project entity may collect or seek
reimbursement of the fee under Subsection (b) from the private
participant under the proposed comprehensive development
agreement.
(e) The attorney general may adopt rules necessary to
implement and administer this section.
SECTION 4.05. The fee prescribed by Section 402.006,
Government Code, as amended by this article, applies only to a
document electronically submitted to the office of the attorney
general on or after the effective date of this article.
SECTION 4.06. The fee prescribed by Section 402.0212,
Government Code, as amended by this article, applies only to
invoices for legal services submitted to the office of the attorney
general for review on or after the effective date of this article.
SECTION 4.07. The fee prescribed by Section 371.051,
Transportation Code, as amended by this article, applies only to a
comprehensive development agreement submitted to the office of the
attorney general on or after the effective date of this article.
SECTION 4.08. The changes in law made by this article apply
only to a contract for legal services between a state agency and a
private attorney or law firm entered into on or after the effective
date of this article. A contract for legal services between a state
agency and a private attorney or law firm entered into before the
effective date of this article is governed by the law in effect at
the time the contract was entered into, and the former law is
continued in effect for that purpose.
SECTION 4.09. This article takes effect immediately if this
Act 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 article takes effect September 1, 2011.
ARTICLE 5. TEXAS PRESERVATION TRUST FUND ACCOUNT
SECTION 5.01. Subsections (a), (b), and (f), Section
442.015, Government Code, are amended to read as follows:
(a) Notwithstanding Section [Sections 403.094 and] 403.095,
the Texas preservation trust fund account is a separate account in
the general revenue fund. The account consists of transfers made to
the account, loan repayments, grants and donations made for the
purposes of this program, proceeds of sales, income earned
[earnings] on money in the account, and any other money received
under this section. Money in [Distributions from] the account may
be used only for the purposes of this section and [may not be used]
to pay operating expenses of the commission. Money allocated to the
commission's historic preservation grant program shall be
deposited to the credit of the account. Income earned [Earnings] on
money in the account shall be deposited to the credit of the
account.
(b) The commission may use money in [distributions from] the
Texas preservation trust fund account to provide financial
assistance to public or private entities for the acquisition,
survey, restoration, or preservation, or for planning and
educational activities leading to the preservation, of historic
property in the state that is listed in the National Register of
Historic Places or designated as a State Archeological Landmark or
Recorded Texas Historic Landmark, or that the commission determines
is eligible for such listing or designation. The financial
assistance may be in the amount and form and according to the terms
that the commission by rule determines. The commission shall give
priority to property the commission determines to be endangered by
demolition, neglect, underuse, looting, vandalism, or other threat
to the property. Gifts and grants deposited to the credit of the
account specifically for any eligible projects may be used only for
the type of projects specified. If such a specification is not
made, the gift or grant shall be unencumbered and accrue to the
benefit of the Texas preservation trust fund account. If such a
specification is made, the entire amount of the gift or grant may be
used during any period for the project or type of project specified.
(f) The advisory board shall recommend to the commission
rules for administering this section [Subsections (a)-(e)].
SECTION 5.02. Subsections (h), (i), (j), (k), and (l),
Section 442.015, Government Code, are repealed.
SECTION 5.03. The comptroller of public accounts and the
Texas Historical Commission shall enter into a memorandum of
understanding to facilitate the conversion of assets of the Texas
preservation trust fund account into cash for deposit into the
state treasury using a method that provides for the lowest amount of
revenue loss to the state.
SECTION 5.04. This article takes effect November 1, 2011.
ARTICLE 6. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY
SECTION 6.01. Section 2054.380, Government Code, is amended
to read as follows:
Sec. 2054.380. FEES. (a) The department shall set and
charge a fee to each state agency that receives a service from a
statewide technology center in an amount sufficient to cover the
direct and indirect cost of providing the service.
(b) Revenue derived from the collection of fees imposed
under Subsection (a) may be appropriated to the department for:
(1) developing statewide information resources
technology policies and planning under this chapter and Chapter
2059; and
(2) providing shared information resources technology
services under this chapter.
SECTION 6.02. Subsection (d), Section 2157.068, Government
Code, is amended to read as follows:
(d) The department may charge a reasonable administrative
fee to a state agency, political subdivision of this state, or
governmental entity of another state that purchases commodity items
through the department in an amount that is sufficient to recover
costs associated with the administration of this section. Revenue
derived from the collection of fees imposed under this subsection
may be appropriated to the department for:
(1) developing statewide information resources
technology policies and planning under Chapters 2054 and 2059; and
(2) providing shared information resources technology
services under Chapter 2054.
SECTION 6.03. Subsections (a) and (d), Section 2170.057,
Government Code, are amended to read as follows:
(a) The department shall develop a system of billings and
charges for services provided in operating and administering the
consolidated telecommunications system that allocates the total
state cost to each entity served by the system based on
proportionate usage. The department shall set and charge a fee to
each entity that receives services provided under this chapter in
an amount sufficient to cover the direct and indirect costs of
providing the service. Revenue derived from the collection of fees
imposed under this subsection may be appropriated to the department
for:
(1) developing statewide information resources
technology policies and planning under Chapters 2054 and 2059; and
(2) providing:
(A) shared information resources technology
services under Chapter 2054; and
(B) network security services under Chapter
2059.
(d) The department shall maintain in the revolving fund
account sufficient amounts to pay the bills of the consolidated
telecommunications system and the centralized capitol complex
telephone system. The department shall certify amounts that exceed
this amount to the comptroller, and the comptroller shall transfer
the excess amounts to the credit of the general revenue fund. The
amounts transferred under this subsection may be appropriated to
the department for the purposes described by Subsections (a)(1) and
(2) [statewide network applications account established by Section
2054.011].
SECTION 6.04. This article takes effect immediately if this
Act 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 article takes effect September 1, 2011.
ARTICLE 7. HANDLING FEES IMPOSED BY COMPTROLLER FOR PROCESSING
UNCLAIMED PROPERTY
SECTION 7.01. Section 74.509, Property Code, is amended to
read as follows:
Sec. 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED
PROPERTY. (a) The comptroller shall deduct from each approved
claim a handling fee of 10 percent of the amount of the claim and
retain the fee in the general revenue fund [A handling fee may be
deducted from the amount of the claim payment] if the approved claim
[payment] is at least $100.
(b) Subject to legislative appropriation, the comptroller
may use the retained handling fees to pay the costs to process
unclaimed property claims.
ARTICLE 8. STATE BAR OF TEXAS MEMBERSHIP DUES FOR ATTORNEY EMPLOYED
BY ATTORNEY GENERAL
SECTION 8.01. Section 81.054, Government Code, is amended
by adding Subsections (m) and (n) to read as follows:
(m) A member is not required to pay a membership fee for a
year in which the member is employed as a full-time attorney by the
office of the attorney general.
(n) The state bar shall adopt rules governing the proration
of a membership fee paid by an attorney who is not employed by the
office of the attorney general for an entire year.
SECTION 8.02. Subsections (m) and (n), Section 81.054,
Government Code, as added by this article, apply to a membership fee
for membership or renewal of membership in the State Bar of Texas
that becomes due on or after the effective date of this Act. A
membership fee for membership or renewal of membership that becomes
due before the effective date of this Act is governed by the law in
effect on the date the membership fee becomes due, and the former
law is continued in effect for that purpose.
ARTICLE 9. REGISTRATION FEE AND REGISTRATION RENEWAL FEE FOR
LOBBYISTS
SECTION 9.01. Subsection (c), Section 305.005, Government
Code, is amended to read as follows:
(c) The registration fee and registration renewal fee are:
(1) an amount prescribed by the General Appropriations
Act of not more than $200 and not less than $100 for a registrant
employed by an organization exempt from federal income tax under
Section 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986;
(2) an amount prescribed by the General Appropriations
Act of not more than $100 and not less than $50 for any person
required to register solely because the person is required to
register under Section 305.0041 [of this chapter]; or
(3) an amount prescribed by the General Appropriations
Act of not more than $1,000 and not less than $500 for any other
registrant.
ARTICLE 10. ASSESSMENT OF FEE ON CERTAIN PUBLIC EMPLOYEES WHO USE
TOBACCO
SECTION 10.01. Subchapter G, Chapter 1551, Insurance Code,
is amended by adding Section 1551.3075 to read as follows:
Sec. 1551.3075. TOBACCO USER FEE. (a) The board of
trustees shall assess each participant in a health benefit plan
provided under the group benefits program who uses one or more
tobacco products a tobacco user fee, to be paid in monthly
installments. Except as provided by Subsection (b), the board of
trustees shall determine the amount of the monthly installments of
the fee.
(b) If the General Appropriations Act for a state fiscal
biennium sets the amount of the monthly installments of the tobacco
user fee for that biennium, the board of trustees shall assess the
fee during that biennium in the amount prescribed by the General
Appropriations Act.
SECTION 10.02. Section 1551.314, Insurance Code, is amended
to read as follows:
Sec. 1551.314. CERTAIN STATE CONTRIBUTIONS PROHIBITED. A
state contribution may not be:
(1) made for coverages under this chapter selected by
an individual who receives a state contribution, other than as a
spouse, dependent, or beneficiary, for coverages under a group
benefits program provided by an institution of higher education, as
defined by Section 61.003, Education Code; or
(2) made for or used to pay a tobacco user fee assessed
under Section 1551.3075.
SECTION 10.03. The board of trustees of the Employees
Retirement System of Texas shall implement the tobacco user fee
required under Section 1551.3075, Insurance Code, as added by this
article, not later than January 1, 2012.
ARTICLE 11. CONSOLIDATION OF REGIONAL POISON CONTROL CENTERS INTO
TEXAS POISON CONTROL CENTER
SECTION 11.01. The heading to Chapter 777, Health and
Safety Code, is amended to read as follows:
CHAPTER 777. TEXAS [REGIONAL] POISON CONTROL CENTER [CENTERS]
SECTION 11.02. Sections 777.001 through 777.008, Health and
Safety Code, are amended to read as follows:
Sec. 777.001. TEXAS [REGIONAL] POISON CONTROL CENTER
[CENTERS]. (a) In this chapter:
(1) "Center" means the Texas Poison Control Center
established under Subsection (b).
(2) "Coordinating committee" means the coordinating
committee on poison control established under Section 777.008.
(b) The Texas Poison Control Center is established. The
coordinating committee shall determine a geographical location in
this state for the center and may designate one or more medical
facilities in this state to be affiliated with the center.
(c) [Six regional centers for poison control are designated
as the regional poison control centers for the state as follows:
[(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) the University Medical Center of El Paso, El Paso
County Hospital District;
[(5) the Texas Tech University Health Sciences Center
at Amarillo; and
[(6) Scott and White Memorial Hospital, Temple, Texas.
[(b)] The center [poison control centers] shall coordinate
poison control activities in this [within the designated health and
human services regions for the] state. [The Commission on State
Emergency Communications shall adopt rules designating the region
for each poison control center.] The Commission on State Emergency
Communications may adopt rules permitting the center [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
throughout this state [in each region].
[(c) The Commission on State Emergency Communications 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.]
Sec. 777.002. TELEPHONE SERVICES. (a) The [A poison
control] center [established by this chapter] shall provide a
24-hour toll-free telephone referral and information service for
the public and health care professionals according to the
requirements of the American Association of Poison Control Centers.
(b) Each public safety answering point, as that term is
defined by Section 771.001, shall have direct telephone access to
the [at least one poison control] center. Poison [Regional poison]
information services may be available directly from the center [for
the region or from another poison control center] but shall be
available through all 9-1-1 services [in the region], as the term
"9-1-1 service" is defined by Section 771.001, throughout the
state. The 9-1-1 service calls pertaining to poisonings may be
routed to a poison control answering site, if possible, if the
routing does not adversely affect the immediate availability of
poisoning management services.
(c) The [A poison control] center shall ensure that poison
control activities in this state [within the designated region]
meet the criteria established by the American Association of Poison
Control Centers. The [A] center may meet the criteria directly or
may affiliate with other poison control centers or poison treatment
facilities in other states, if necessary [possible]. The [A]
center shall ensure that treatment facilities and services are
available in this state [within the region] and shall identify and
make available to the public and to appropriate health
professionals information concerning analytical toxicology,
emergency and critical care, and extracorporeal capabilities in
this state [within the region].
Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. (a) The
[A poison control] center shall provide:
(1) community education programs on poison prevention
methods to inform the public, such as presentations to persons
attending a primary or secondary school, a parent-teacher
association meeting, an employee safety meeting at an industrial
company, or other interested groups;
(2) information and education to health professionals
involved in the management of poison and overdose victims,
including information regarding appropriate therapeutic use of
medications, their compatibility and stability, and adverse drug
reactions and interactions;
(3) professional and technical assistance to state
agencies requesting toxicologic assistance; and
(4) consultation services concerning medical
toxicology, for which a fee may be charged in an amount set by the
institution in which the center is located to cover the costs of the
service.
(b) The center shall develop an objective evaluation
process for community education programs on poison prevention
methods provided under Subsection (a)(1) and use the evaluation
process to design and update as necessary a standardized program
model for use throughout this state.
Sec. 777.004. STAFF. (a) The [A poison control] center
[established under this chapter] shall use physicians,
pharmacists, nurses, other professionals, and support personnel
trained in various aspects of toxicology and poison control and
prevention.
(b) The [A poison control] center shall make available
resources, if possible, to accommodate persons who do not speak
English.
Sec. 777.005. RESEARCH PROGRAMS. (a) The [A poison
control] center may conduct a toxicology poison treatment research
program to improve treatments for poisoning victims and to reduce
the severity of injuries from poisonings.
(b) The [A poison control] center may accept grants or
contributions from public or private sources to be used for
research.
Sec. 777.006. INFORMATION AT BIRTH. The Commission on
State Emergency Communications shall assist the center [regional
poison control centers] in providing informational packets on
poison prevention to parents of newborns.
Sec. 777.007. STATE LIABILITY. The state shall indemnify
the [a poison control] center and an employee of the [a poison
control] center under Chapter 104, Civil Practice and Remedies
Code.
Sec. 777.008. COORDINATING COMMITTEE. (a) The
coordinating committee on poison control shall coordinate the
activities of the center [regional poison control centers
designated under Section 777.001(a)] and advise the Commission on
State Emergency Communications.
(b) The committee is composed of:
(1) one public member appointed by the Commission on
State Emergency Communications;
(2) six members who represent the center [six regional
poison control centers, one] appointed by the chief executive
officer of the [each] center;
(3) one member appointed by the commissioner of the
Department of State Health Services; and
(4) one member who is a health care professional
designated as the poison control program coordinator appointed by
the Commission on State Emergency Communications.
SECTION 11.03. Subsections (a) and (b), Section 777.009,
Health and Safety Code, are amended to read as follows:
(a) The Commission on State Emergency Communications shall
establish a program to award grants to fund the center [regional
poison control centers].
(b) The Commission on State Emergency Communications shall
adopt rules to establish criteria for awarding the grants. The
rules must require the agency to consider:
(1) the need [of the region based on population
served] for poison control services in this state 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.
SECTION 11.04. The heading to Section 777.010, Health and
Safety Code, is amended to read as follows:
Sec. 777.010. OUT-OF-STATE [OUT-OF-REGION] SERVICES;
SERVICES FOR PRIVATE ENTITIES.
SECTION 11.05. Subsections (b) and (c), Section 777.010,
Health and Safety Code, are amended to read as follows:
(b) The Commission on State Emergency Communications shall
contract with the center [one or more regional poison control
centers] to provide the services required under a contract entered
into under Subsection (a). The commission may not enter into a
contract under this subsection if, in the opinion of the
commission, the [regional poison control] center's performance of
the contract would result in a diminishment in the services
provided in this state [the region].
(c) A contract described by Subsection (a) must recover the
cost of providing the services and may include a reasonable
additional amount to support the center's [poison control center]
services in this state. Revenue from a contract described by
Subsection (a) must be deposited to the credit of the [regional]
poison control services account.
SECTION 11.06. 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 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 11.07. Subsections (b) and (c), Section 777.012,
Health and Safety Code, are amended to read as follows:
(b) A service provider shall furnish to the [a poison
control] center for each call to an emergency line of the center the
telephone number of the subscribers and the address associated with
the number.
(c) Information furnished to the [a poison control] center
under this section is confidential and is not available for public
inspection. Information contained in an address database used to
provide the number or location identification information under
this section is confidential and is not available for public
inspection. The service provider or a third party that maintains an
address database is not liable to any person for the release of
information furnished by the service provider or third party in
providing number or location identification information under this
section, unless the act or omission proximately causing the claim,
damage, or loss constitutes gross negligence, recklessness, or
intentional misconduct.
SECTION 11.08. Subsections (a) and (b), Section 777.013,
Health and Safety Code, are amended to read as follows:
(a) The Department of State Health Services, on request of
the Commission on State Emergency Communications, shall provide
epidemiological support to the center [regional poison control
centers under this chapter] to:
(1) maximize the use of data collected by the center
[poison control network];
(2) assist the center [regional poison control
centers] with quality control and quality assurance;
(3) assist with research; and
(4) coordinate poison control activities with other
public health activities.
(b) The [Each regional poison control] center shall provide
the Department of State Health Services with access to all data and
information collected by the [regional poison control] center for
public health activities and epidemiological and toxicological
investigations.
SECTION 11.09. Section 241.153, Health and Safety Code, is
amended to read as follows:
Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
patient's health care information may be disclosed without the
patient's authorization if the disclosure is:
(1) directory information, unless the patient has
instructed the hospital not to make the disclosure or the directory
information is otherwise protected by state or federal law;
(2) to a health care provider who is rendering health
care to the patient when the request for the disclosure is made;
(3) to a transporting emergency medical services
provider for the purpose of:
(A) treatment or payment, as those terms are
defined by the regulations adopted under the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
or
(B) the following health care operations
described by the regulations adopted under the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191):
(i) quality assessment and improvement
activities;
(ii) specified insurance functions;
(iii) conducting or arranging for medical
reviews; or
(iv) competency assurance activities;
(4) to a member of the clergy specifically designated
by the patient;
(5) to a procurement organization as defined in
Section 692A.002 for the purpose of making inquiries relating to
donations according to the protocol referred to in Section
692A.015;
(6) to a prospective health care provider for the
purpose of securing the services of that health care provider as
part of the patient's continuum of care, as determined by the
patient's attending physician;
(7) to a person authorized to consent to medical
treatment under Chapter 313 or to a person in a circumstance
exempted from Chapter 313 to facilitate the adequate provision of
treatment;
(8) to an employee or agent of the hospital who
requires health care information for health care education, quality
assurance, or peer review or for assisting the hospital in the
delivery of health care or in complying with statutory, licensing,
accreditation, or certification requirements and if the hospital
takes appropriate action to ensure that the employee or agent:
(A) will not use or disclose the health care
information for any other purpose; and
(B) will take appropriate steps to protect the
health care information;
(9) to a federal, state, or local government agency or
authority to the extent authorized or required by law;
(10) to a hospital that is the successor in interest to
the hospital maintaining the health care information;
(11) to the American Red Cross for the specific
purpose of fulfilling the duties specified under its charter
granted as an instrumentality of the United States government;
(12) to the Texas Poison Control Center established
under [a regional poison control center, as the term is used in]
Chapter 777[,] to the extent necessary to enable the center to
provide information and education to health professionals involved
in the management of poison and overdose victims, including
information regarding appropriate therapeutic use of medications,
their compatibility and stability, and adverse drug reactions and
interactions;
(13) to a health care utilization review agent who
requires the health care information for utilization review of
health care under Chapter 4201, Insurance Code;
(14) for use in a research project authorized by an
institutional review board under federal law;
(15) to health care personnel of a penal or other
custodial institution in which the patient is detained if the
disclosure is for the sole purpose of providing health care to the
patient;
(16) to facilitate reimbursement to a hospital, other
health care provider, or the patient for medical services or
supplies;
(17) to a health maintenance organization for purposes
of maintaining a statistical reporting system as required by a rule
adopted by a state agency or regulations adopted under the federal
Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
Section 300e et seq.);
(18) to satisfy a request for medical records of a
deceased or incompetent person pursuant to Section 74.051(e), Civil
Practice and Remedies Code;
(19) to comply with a court order except as provided by
Subdivision (20); or
(20) related to a judicial proceeding in which the
patient is a party and the disclosure is requested under a subpoena
issued under:
(A) the Texas Rules of Civil Procedure or Code of
Criminal Procedure; or
(B) Chapter 121, Civil Practice and Remedies
Code.
SECTION 11.10. Subsection (a), Section 771.051, 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 poison control network, including the Texas Poison
Control Center established [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 11.11. Subsections (e) and (f), Section 771.072,
Health and Safety Code, are 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 fund grants awarded under Section 777.009
and other activities related to the Texas Poison Control Center
[poison control centers] as required by Chapter 777.
(f) The comptroller shall deposit the surcharges and any
prior balances in accounts in the general revenue fund in the state
treasury until they are allocated to regional planning commissions,
other 9-1-1 jurisdictions, and the Texas Poison Control Center
[regional poison control centers] in accordance with this section.
From those accounts, the amount necessary for the commission to
fund approved plans of regional planning commissions and the Texas
Poison Control Center [regional poison control centers] and to
carry out its duties under this chapter shall be appropriated to the
commission. Section 403.095, Government Code, does not apply to an
account established by this subsection.
SECTION 11.12. Section 153.015, Occupations Code, is
amended to read as follows:
Sec. 153.015. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 11.13. Section 202.161, Occupations Code, is
amended to read as follows:
Sec. 202.161. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 11.14. Section 254.017, Occupations Code, is
amended to read as follows:
Sec. 254.017. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 11.15. Section 301.1582, Occupations Code, is
amended to read as follows:
Sec. 301.1582. POISON CONTROL CENTER INFORMATION. The
board shall provide to license holders information regarding the
services provided by the Texas Poison Control Center [poison
control centers].
SECTION 11.16. Section 351.167, Occupations Code, is
amended to read as follows:
Sec. 351.167. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 11.17. Section 554.015, Occupations Code, is
amended to read as follows:
Sec. 554.015. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 11.18. (a) Not later than March 1, 2012, the
Commission on State Emergency Communications shall consolidate the
six regional poison control centers in this state into and
establish the Texas Poison Control Center, as required by Section
777.001, Health and Safety Code, as amended by this article, at the
geographical location determined by the coordinating committee on
poison control. On that date, the regional poison control centers
are abolished and the powers, duties, obligations, rights,
contracts, records, personnel, property, and unspent
appropriations of the six regional poison control centers in this
state are transferred to the Texas Poison Control Center.
(b) The rules of the regional poison control centers in this
state are continued in effect as rules of the Texas Poison Control
Center until superseded by rule.
(c) Notwithstanding the changes in law made by this article,
until the date the Commission on State Emergency Communications
consolidates the six regional poison control centers as provided by
this section, the regional poison control centers shall continue to
operate and provide services under the law that governed the
centers before the effective date of this Act, and the prior law is
continued in effect for that purpose.
(d) As soon as practicable after the date the Texas Poison
Control Center is established as provided by this section, the
chief executive officer of the center shall appoint six members who
represent the center to the coordinating committee on poison
control established by Section 777.008, Health and Safety Code, as
amended by this article. The members serving on the coordinating
committee as representatives of the six regional poison control
centers immediately before the effective date of this Act shall
continue to serve on the coordinating committee until the date the
chief executive officer appoints members who represent the center
as required by this subsection.
SECTION 11.19. (a) Not later than March 1, 2012, the
coordinating committee on poison control established by Section
777.008, Health and Safety Code, as amended by this article, shall
determine a geographical location for the Texas Poison Control
Center, as required by Subsection (b), Section 777.001, Health and
Safety Code, as amended by this article.
(b) Not later than March 1, 2013, the Texas Poison Control
Center established under Section 777.001, Health and Safety Code,
as amended by this article, shall design the initial standardized
program model for community education programs as required by
Subsection (b), Section 777.003, Health and Safety Code, as added
by this article.
ARTICLE 12. AUTHORIZED USES FOR CERTAIN DEDICATED PERMANENT FUNDS
IN STATE TREASURY
SECTION 12.01. Section 403.105, Government Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsections (b-1), (c), (e), (f),
and (h), money in the fund may not be appropriated for any purpose.
(b-1) The legislature may appropriate money in the fund,
including the available earnings of the fund determined under
Section 403.1068, to pay the principal of or interest on a bond
issued for the purposes of Section 67, Article III, Texas
Constitution. This subsection does not authorize the appropriation
under this subsection of money subject to a limitation or
requirement as described by Subsection (e) that is not consistent
with the use of the money in accordance with this subsection.
SECTION 12.02. Section 403.1055, Government Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsections (b-1), (c), (e), (f),
and (h), money in the fund may not be appropriated for any purpose.
(b-1) The legislature may appropriate money in the fund,
including the available earnings of the fund determined under
Section 403.1068, to pay the principal of or interest on a bond
issued for the purposes of Section 67, Article III, Texas
Constitution. This subsection does not authorize the appropriation
under this subsection of money subject to a limitation or
requirement as described by Subsection (e) that is not consistent
with the use of the money in accordance with this subsection.
SECTION 12.03. Section 403.106, Government Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsections (b-1), (c), (e), (f),
and (h), money in the fund may not be appropriated for any purpose.
(b-1) The legislature may appropriate money in the fund,
including the available earnings of the fund determined under
Section 403.1068, to pay the principal of or interest on a bond
issued for the purposes of Section 67, Article III, Texas
Constitution. This subsection does not authorize the appropriation
under this subsection of money subject to a limitation or
requirement as described by Subsection (e) that is not consistent
with the use of the money in accordance with this subsection.
SECTION 12.04. This article takes effect immediately if
this Act 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 article takes effect September 1, 2011.
ARTICLE 13. USE OF TEXAS ENTERPRISE FUND FOR TEXAS HOMELESS
HOUSING AND SERVICES PROGRAM
SECTION 13.01. Section 481.078, Government Code, is amended
by amending Subsection (c) and adding Subsection (d-1) to read as
follows:
(c) Except as provided by Subsections [Subsection] (d) and
(d-1), the fund may be used only for economic development,
infrastructure development, community development, job training
programs, and business incentives.
(d-1) The fund may be used for the Texas homeless housing
and services program administered by the Texas Department of
Housing and Community Affairs. Subsections (e-1), (f), (g), (h),
(i), and (j) and Section 481.080 do not apply to a grant awarded for
a purpose specified by this subsection.
SECTION 13.02. Section 481.079, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) For grants awarded for a purpose specified by Section
481.078(d-1), the report must include only the amount and purpose
of each grant.
SECTION 13.03. This article takes effect immediately if
this Act 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 article takes effect September 1, 2011.
ARTICLE 14. DEBT ISSUANCE AUTHORITY OF AND FUNDING FOR CANCER
PREVENTION AND RESEARCH INSTITUTE OF TEXAS
SECTION 14.01. Subchapter C, Chapter 1232, Government Code,
is amended by adding Section 1232.1221 to read as follows:
Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR
CANCER-RELATED PROJECTS. (a) Funds may be distributed to a grant
recipient for a multiyear project for which an award is granted by
the Cancer Prevention and Research Institute of Texas Oversight
Committee as authorized by Section 102.257, Health and Safety Code,
after the authority has certified that obligations in an amount
sufficient to pay the money needed to fund the project have been
authorized for issuance by the authority and approved by the Bond
Review Board.
(b) After issuing the obligations, the board shall:
(1) pay the costs of the issuance and any related bond
administrative costs of the authority;
(2) certify to the Cancer Prevention and Research
Institute of Texas and to the comptroller that the proceeds from the
issuance are available; and
(3) deposit the proceeds into the state treasury to be
credited to the account of the Cancer Prevention and Research
Institute of Texas.
SECTION 14.02. Subsections (b) and (c), Section 102.201,
Health and Safety Code, are amended to read as follows:
(b) The cancer prevention and research fund consists of:
(1) patent, royalty, and license fees and other income
received under a contract entered into as provided by Section
102.255;
(2) appropriations of money to the fund by the
legislature, except that the appropriated money may not include the
proceeds from the issuance of bonds authorized by Section 67,
Article III, Texas Constitution;
(3) gifts, grants, including grants from the federal
government, and other donations received for the fund; and
(4) interest earned on the investment of money in the
fund.
(c) The fund may be used only to pay for:
(1) grants for cancer research and for cancer research
facilities in this state to realize therapies, protocols, and
medical procedures for the cure or substantial mitigation of all
types of cancer in humans;
(2) the purchase, subject to approval by the
institute, of laboratory facilities by or on behalf of a state
agency or grant recipient;
(3) grants to public or private persons to implement
the Texas Cancer Plan;
(4) the operation of the institute; [and]
(5) grants for cancer prevention and control programs
in this state to mitigate the incidence of all types of cancer in
humans; and
(6) debt service on bonds issued as authorized by
Section 67, Article III, Texas Constitution.
SECTION 14.03. Section 102.257, Health and Safety Code, is
amended to read as follows:
Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee
may grant funds for a multiyear project. The oversight committee
must specify the total amount of [All the] money approved [needed]
to fund the [a] multiyear project. The total amount specified is
considered for purposes of Section 102.253 to have been [must be]
awarded in the state fiscal year that the project is approved by the
research and prevention programs committee. The institute shall
distribute only the money that will be expended during that fiscal
year. The institute may maintain the remaining money needed in each
subsequent fiscal year [shall be maintained] in an escrow account
to be distributed by the institute as the money is needed [in
subsequent years of the project].
SECTION 14.04. The changes in law made by this article apply
only to a grant of funds for a multiyear project by the Cancer
Prevention and Research Institute of Texas Oversight Committee as
authorized by Section 102.257, Health and Safety Code, as amended
by this article, made on or after June 1, 2011. A grant of funds for
a multiyear project made before that date is governed by the law in
effect on the date the grant was made, and the former law is
continued in effect for that purpose.
SECTION 14.05. This article takes effect immediately if
this Act 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 article takes effect September 1, 2011.
ARTICLE 15. EFFECTIVE DATE
SECTION 15.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2011.
* * * * *