Texas 2011 - 82nd Regular

Texas Senate Bill SB1579 Compare Versions

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1	1	By: Ogden S.B. No. 1579
2	2	(In the Senate - Filed March 11, 2011; March 23, 2011, read
3	3	first time and referred to Committee on Finance; April 26, 2011,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 11, Nays 2; April 26, 2011, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 1579 By: Ogden
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to state fiscal matters related to general government.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES
14	14	GENERALLY
15	15	SECTION 1.01. This article applies to any state agency that
16	16	receives an appropriation under Article I of the General
17	17	Appropriations Act.
18	18	SECTION 1.02. Notwithstanding any other statute of this
19	19	state, each state agency to which this article applies is
20	20	authorized to reduce or recover expenditures by:
21	21	(1) consolidating any reports or publications the
22	22	agency is required to make and filing or delivering any of those
23	23	reports or publications exclusively by electronic means;
24	24	(2) extending the effective period of any license,
25	25	permit, or registration the agency grants or administers;
26	26	(3) entering into a contract with another governmental
27	27	entity or with a private vendor to carry out any of the agency's
28	28	duties;
29	29	(4) adopting additional eligibility requirements for
30	30	persons who receive benefits under any law the agency administers
31	31	to ensure that those benefits are received by the most deserving
32	32	persons consistent with the purposes for which the benefits are
33	33	provided;
34	34	(5) providing that any communication between the
35	35	agency and another person and any document required to be delivered
36	36	to or by the agency, including any application, notice, billing
37	37	statement, receipt, or certificate, may be made or delivered by
38	38	e-mail or through the Internet; and
39	39	(6) adopting and collecting fees or charges to cover
40	40	any costs the agency incurs in performing its lawful functions.
41	41	ARTICLE 2. FISCAL MATTERS REGARDING LEASING CERTAIN STATE
42	42	FACILITIES
43	43	SECTION 2.01. The heading to Section 2165.2035, Government
44	44	Code, is amended to read as follows:
45	45	Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
46	46	AND GARAGES; USE AFTER HOURS.
47	47	SECTION 2.02. Subchapter E, Chapter 2165, Government Code,
48	48	is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to
49	49	read as follows:
50	50	Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
51	51	AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission
52	52	may lease to a private individual an individual parking space in a
53	53	state-owned parking lot or garage located in the city of Austin that
54	54	the commission determines is not needed to accommodate the regular
55	55	parking requirements of state employees who work near the lot or
56	56	garage and visitors to nearby state government offices.
57	57	(b) Money received from a lease under this section shall be
58	58	deposited to the credit of the general revenue fund.
59	59	Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
60	60	AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission
61	61	may lease to an institution of higher education or a local
62	62	government all or a significant block of a state-owned parking lot
63	63	or garage located in the city of Austin that the commission
64	64	determines is not needed to accommodate the regular parking
65	65	requirements of state employees who work near the lot or garage and
66	66	visitors to nearby state government offices.
67	67	(b) Money received from a lease under this section shall be
68	68	deposited to the credit of the general revenue fund.
69	69	Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before
70	70	October 1 of each even-numbered year, the commission shall submit a
71	71	report to the Legislative Budget Board describing the effectiveness
72	72	of parking programs developed by the commission under this
73	73	subchapter. The report must, at a minimum, include:
74	74	(1) the yearly revenue generated by the programs;
75	75	(2) the yearly administrative and enforcement costs of
76	76	each program;
77	77	(3) yearly usage statistics for each program; and
78	78	(4) initiatives and suggestions by the commission to:
79	79	(A) modify administration of the programs; and
80	80	(B) increase revenue generated by the programs.
81	81	SECTION 2.03. This article takes effect immediately if this
82	82	Act receives a vote of two-thirds of all the members elected to each
83	83	house, as provided by Section 39, Article III, Texas Constitution.
84	84	If this Act does not receive the vote necessary for immediate
85	85	effect, this article takes effect September 1, 2011.
86	86	ARTICLE 3. FISCAL MATTERS RELATING TO SECRETARY OF STATE
87	87	SECTION 3.01. Section 405.014, Government Code, is amended
88	88	to read as follows:
89	89	Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each
90	90	session of the legislature the secretary of state shall obtain the
91	91	bills that have become law. Immediately after the closing of each
92	92	session of the legislature, the secretary of state shall bind all
93	93	enrolled bills and resolutions in volumes on which the date of the
94	94	session is placed.
95	95	(b) As soon as practicable after the closing of each session
96	96	of the legislature, the secretary of state shall publish and
97	97	maintain electronically the bills enacted at that session. The
98	98	electronic publication must be:
99	99	(1) indexed by bill number and assigned chapter number
100	100	for each bill; and
101	101	(2) made available by an electronic link on the
102	102	secretary of state's generally accessible Internet website.
103	103	SECTION 3.02. Subchapter B, Chapter 2158, Government Code,
104	104	is repealed.
105	105	SECTION 3.03. The change in law made by this article does
106	106	not apply to a contract for the publication of the laws of this
107	107	state entered into before the effective date of this article.
108	108	SECTION 3.04. This article takes effect immediately if this
109	109	Act receives a vote of two-thirds of all the members elected to each
110	110	house, as provided by Section 39, Article III, Texas Constitution.
111	111	If this Act does not receive the vote necessary for immediate
112	112	effect, this article takes effect September 1, 2011.
113	113	ARTICLE 4. FISCAL MATTERS REGARDING ATTORNEY GENERAL
114	114	SECTION 4.01. Section 402.006, Government Code, is amended
115	115	by adding Subsection (e) to read as follows:
116	116	(e) The attorney general may charge a reasonable fee for the
117	117	electronic filing of a document.
118	118	SECTION 4.02. The heading to Section 402.0212, Government
119	119	Code, is amended to read as follows:
120	120	Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE
121	121	COUNSEL; FEES.
122	122	SECTION 4.03. Section 402.0212, Government Code, is amended
123	123	by amending Subsections (b) and (c) and adding Subsections (d),
124	124	(e), and (f) to read as follows:
125	125	(b) An invoice submitted to a state agency under a contract
126	126	for legal services as described by Subsection (a) must be reviewed
127	127	by the attorney general to determine whether the invoice is
128	128	eligible for payment.
129	129	(c) An attorney or law firm must pay an administrative fee
130	130	to the attorney general for the review described in Subsection (b)
131	131	when entering into a contract to provide legal services to a state
132	132	agency.
133	133	(d) For purposes of this section, the functions of a hearing
134	134	examiner, administrative law judge, or other quasi-judicial
135	135	officer are not considered legal services.
136	136	(e) [(c)] This section shall not apply to the Texas Turnpike
137	137	Authority division of the Texas Department of Transportation.
138	138	(f) The attorney general may adopt rules as necessary to
139	139	implement and administer this section.
140	140	SECTION 4.04. Section 371.051, Transportation Code, is
141	141	amended to read as follows:
142	142	Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll
143	143	project entity may not enter into a comprehensive development
144	144	agreement unless the attorney general reviews the proposed
145	145	agreement and determines that it is legally sufficient.
146	146	(b) The attorney general may charge a toll project entity a
147	147	reasonable fee for the review described in Subsection (a).
148	148	(c) If the toll project entity submits multiple proposed
149	149	comprehensive development agreements relating to the same toll
150	150	project for review, the entity shall pay the fee under Subsection
151	151	(b) for each proposed comprehensive development agreement.
152	152	(d) The toll project entity may collect or seek
153	153	reimbursement of the fee under Subsection (b) from the private
154	154	participant under the proposed comprehensive development
155	155	agreement.
156	156	(e) The attorney general may adopt rules necessary to
157	157	implement and administer this section.
158	158	SECTION 4.05. The fee prescribed by Section 402.006,
159	159	Government Code, as amended by this article, applies only to a
160	160	document electronically submitted to the office of the attorney
161	161	general on or after the effective date of this article.
162	162	SECTION 4.06. The fee prescribed by Section 402.0212,
163	163	Government Code, as amended by this article, applies only to
164	164	invoices for legal services submitted to the office of the attorney
165	165	general for review on or after the effective date of this article.
166	166	SECTION 4.07. The fee prescribed by Section 371.051,
167	167	Transportation Code, as amended by this article, applies only to a
168	168	comprehensive development agreement submitted to the office of the
169	169	attorney general on or after the effective date of this article.
170	170	SECTION 4.08. The changes in law made by this article apply
171	171	only to a contract for legal services between a state agency and a
172	172	private attorney or law firm entered into on or after the effective
173	173	date of this article. A contract for legal services between a state
174	174	agency and a private attorney or law firm entered into before the
175	175	effective date of this article is governed by the law in effect at
176	176	the time the contract was entered into, and the former law is
177	177	continued in effect for that purpose.
178	178	SECTION 4.09. This article takes effect immediately if this
179	179	Act receives a vote of two-thirds of all the members elected to each
180	180	house, as provided by Section 39, Article III, Texas Constitution.
181	181	If this Act does not receive the vote necessary for immediate
182	182	effect, this article takes effect September 1, 2011.
183	183	ARTICLE 5. TEXAS PRESERVATION TRUST FUND ACCOUNT
184	184	SECTION 5.01. Subsections (a), (b), and (f), Section
185	185	442.015, Government Code, are amended to read as follows:
186	186	(a) Notwithstanding Section [Sections 403.094 and] 403.095,
187	187	the Texas preservation trust fund account is a separate account in
188	188	the general revenue fund. The account consists of transfers made to
189	189	the account, loan repayments, grants and donations made for the
190	190	purposes of this program, proceeds of sales, income earned
191	191	[earnings] on money in the account, and any other money received
192	192	under this section. Money in [Distributions from] the account may
193	193	be used only for the purposes of this section and [may not be used]
194	194	to pay operating expenses of the commission. Money allocated to the
195	195	commission's historic preservation grant program shall be
196	196	deposited to the credit of the account. Income earned [Earnings] on
197	197	money in the account shall be deposited to the credit of the
198	198	account.
199	199	(b) The commission may use money in [distributions from] the
200	200	Texas preservation trust fund account to provide financial
201	201	assistance to public or private entities for the acquisition,
202	202	survey, restoration, or preservation, or for planning and
203	203	educational activities leading to the preservation, of historic
204	204	property in the state that is listed in the National Register of
205	205	Historic Places or designated as a State Archeological Landmark or
206	206	Recorded Texas Historic Landmark, or that the commission determines
207	207	is eligible for such listing or designation. The financial
208	208	assistance may be in the amount and form and according to the terms
209	209	that the commission by rule determines. The commission shall give
210	210	priority to property the commission determines to be endangered by
211	211	demolition, neglect, underuse, looting, vandalism, or other threat
212	212	to the property. Gifts and grants deposited to the credit of the
213	213	account specifically for any eligible projects may be used only for
214	214	the type of projects specified. If such a specification is not
215	215	made, the gift or grant shall be unencumbered and accrue to the
216	216	benefit of the Texas preservation trust fund account. If such a
217	217	specification is made, the entire amount of the gift or grant may be
218	218	used during any period for the project or type of project specified.
219	219	(f) The advisory board shall recommend to the commission
220	220	rules for administering this section [Subsections (a)-(e)].
221	221	SECTION 5.02. Subsections (h), (i), (j), (k), and (l),
222	222	Section 442.015, Government Code, are repealed.
223	223	SECTION 5.03. The comptroller of public accounts and the
224	224	Texas Historical Commission shall enter into a memorandum of
225	225	understanding to facilitate the conversion of assets of the Texas
226	226	preservation trust fund account into cash for deposit into the
227	227	state treasury using a method that provides for the lowest amount of
228	228	revenue loss to the state.
229	229	SECTION 5.04. This article takes effect November 1, 2011.
230	230	ARTICLE 6. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY
231	231	SECTION 6.01. Section 2054.380, Government Code, is amended
232	232	to read as follows:
233	233	Sec. 2054.380. FEES. (a) The department shall set and
234	234	charge a fee to each state agency that receives a service from a
235	235	statewide technology center in an amount sufficient to cover the
236	236	direct and indirect cost of providing the service.
237	237	(b) Revenue derived from the collection of fees imposed
238	238	under Subsection (a) may be appropriated to the department for:
239	239	(1) developing statewide information resources
240	240	technology policies and planning under this chapter and Chapter
241	241	2059; and
242	242	(2) providing shared information resources technology
243	243	services under this chapter.
244	244	SECTION 6.02. Subsection (d), Section 2157.068, Government
245	245	Code, is amended to read as follows:
246	246	(d) The department may charge a reasonable administrative
247	247	fee to a state agency, political subdivision of this state, or
248	248	governmental entity of another state that purchases commodity items
249	249	through the department in an amount that is sufficient to recover
250	250	costs associated with the administration of this section. Revenue
251	251	derived from the collection of fees imposed under this subsection
252	252	may be appropriated to the department for:
253	253	(1) developing statewide information resources
254	254	technology policies and planning under Chapters 2054 and 2059; and
255	255	(2) providing shared information resources technology
256	256	services under Chapter 2054.
257	257	SECTION 6.03. Subsections (a) and (d), Section 2170.057,
258	258	Government Code, are amended to read as follows:
259	259	(a) The department shall develop a system of billings and
260	260	charges for services provided in operating and administering the
261	261	consolidated telecommunications system that allocates the total
262	262	state cost to each entity served by the system based on
263	263	proportionate usage. The department shall set and charge a fee to
264	264	each entity that receives services provided under this chapter in
265	265	an amount sufficient to cover the direct and indirect costs of
266	266	providing the service. Revenue derived from the collection of fees
267	267	imposed under this subsection may be appropriated to the department
268	268	for:
269	269	(1) developing statewide information resources
270	270	technology policies and planning under Chapters 2054 and 2059; and
271	271	(2) providing:
272	272	(A) shared information resources technology
273	273	services under Chapter 2054; and
274	274	(B) network security services under Chapter
275	275	2059.
276	276	(d) The department shall maintain in the revolving fund
277	277	account sufficient amounts to pay the bills of the consolidated
278	278	telecommunications system and the centralized capitol complex
279	279	telephone system. The department shall certify amounts that exceed
280	280	this amount to the comptroller, and the comptroller shall transfer
281	281	the excess amounts to the credit of the general revenue fund. The
282	282	amounts transferred under this subsection may be appropriated to
283	283	the department for the purposes described by Subsections (a)(1) and
284	284	(2) [statewide network applications account established by Section
285	285	2054.011].
286	286	SECTION 6.04. This article takes effect immediately if this
287	287	Act receives a vote of two-thirds of all the members elected to each
288	288	house, as provided by Section 39, Article III, Texas Constitution.
289	289	If this Act does not receive the vote necessary for immediate
290	290	effect, this article takes effect September 1, 2011.
291	291	ARTICLE 7. HANDLING FEES IMPOSED BY COMPTROLLER FOR PROCESSING
292	292	UNCLAIMED PROPERTY
293	293	SECTION 7.01. Section 74.509, Property Code, is amended to
294	294	read as follows:
295	295	Sec. 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED
296	296	PROPERTY. (a) The comptroller shall deduct from each approved
297	297	claim a handling fee of 10 percent of the amount of the claim and
298	298	retain the fee in the general revenue fund [A handling fee may be
299	299	deducted from the amount of the claim payment] if the approved claim
300	300	[payment] is at least $100.
301	301	(b) Subject to legislative appropriation, the comptroller
302	302	may use the retained handling fees to pay the costs to process
303	303	unclaimed property claims.
304	304	ARTICLE 8. STATE BAR OF TEXAS MEMBERSHIP DUES FOR ATTORNEY EMPLOYED
305	305	BY ATTORNEY GENERAL
306	306	SECTION 8.01. Section 81.054, Government Code, is amended
307	307	by adding Subsections (m) and (n) to read as follows:
308	308	(m) A member is not required to pay a membership fee for a
309	309	year in which the member is employed as a full-time attorney by the
310	310	office of the attorney general.
311	311	(n) The state bar shall adopt rules governing the proration
312	312	of a membership fee paid by an attorney who is not employed by the
313	313	office of the attorney general for an entire year.
314	314	SECTION 8.02. Subsections (m) and (n), Section 81.054,
315	315	Government Code, as added by this article, apply to a membership fee
316	316	for membership or renewal of membership in the State Bar of Texas
317	317	that becomes due on or after the effective date of this Act. A
318	318	membership fee for membership or renewal of membership that becomes
319	319	due before the effective date of this Act is governed by the law in
320	320	effect on the date the membership fee becomes due, and the former
321	321	law is continued in effect for that purpose.
322	322	ARTICLE 9. REGISTRATION FEE AND REGISTRATION RENEWAL FEE FOR
323	323	LOBBYISTS
324	324	SECTION 9.01. Subsection (c), Section 305.005, Government
325	325	Code, is amended to read as follows:
326	326	(c) The registration fee and registration renewal fee are:
327	327	(1) an amount prescribed by the General Appropriations
328	328	Act of not more than $200 and not less than $100 for a registrant
329	329	employed by an organization exempt from federal income tax under
330	330	Section 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986;
331	331	(2) an amount prescribed by the General Appropriations
332	332	Act of not more than $100 and not less than $50 for any person
333	333	required to register solely because the person is required to
334	334	register under Section 305.0041 [of this chapter]; or
335	335	(3) an amount prescribed by the General Appropriations
336	336	Act of not more than $1,000 and not less than $500 for any other
337	337	registrant.
338	338	ARTICLE 10. ASSESSMENT OF FEE ON CERTAIN PUBLIC EMPLOYEES WHO USE
339	339	TOBACCO
340	340	SECTION 10.01. Subchapter G, Chapter 1551, Insurance Code,
341	341	is amended by adding Section 1551.3075 to read as follows:
342	342	Sec. 1551.3075. TOBACCO USER FEE. (a) The board of
343	343	trustees shall assess each participant in a health benefit plan
344	344	provided under the group benefits program who uses one or more
345	345	tobacco products a tobacco user fee, to be paid in monthly
346	346	installments. Except as provided by Subsection (b), the board of
347	347	trustees shall determine the amount of the monthly installments of
348	348	the fee.
349	349	(b) If the General Appropriations Act for a state fiscal
350	350	biennium sets the amount of the monthly installments of the tobacco
351	351	user fee for that biennium, the board of trustees shall assess the
352	352	fee during that biennium in the amount prescribed by the General
353	353	Appropriations Act.
354	354	SECTION 10.02. Section 1551.314, Insurance Code, is amended
355	355	to read as follows:
356	356	Sec. 1551.314. CERTAIN STATE CONTRIBUTIONS PROHIBITED. A
357	357	state contribution may not be:
358	358	(1) made for coverages under this chapter selected by
359	359	an individual who receives a state contribution, other than as a
360	360	spouse, dependent, or beneficiary, for coverages under a group
361	361	benefits program provided by an institution of higher education, as
362	362	defined by Section 61.003, Education Code; or
363	363	(2) made for or used to pay a tobacco user fee assessed
364	364	under Section 1551.3075.
365	365	SECTION 10.03. The board of trustees of the Employees
366	366	Retirement System of Texas shall implement the tobacco user fee
367	367	required under Section 1551.3075, Insurance Code, as added by this
368	368	article, not later than January 1, 2012.
369	369	ARTICLE 11. CONSOLIDATION OF REGIONAL POISON CONTROL CENTERS INTO
370	370	TEXAS POISON CONTROL CENTER
371	371	SECTION 11.01. The heading to Chapter 777, Health and
372	372	Safety Code, is amended to read as follows:
373	373	CHAPTER 777. TEXAS [REGIONAL] POISON CONTROL CENTER [CENTERS]
374	374	SECTION 11.02. Sections 777.001 through 777.008, Health and
375	375	Safety Code, are amended to read as follows:
376	376	Sec. 777.001. TEXAS [REGIONAL] POISON CONTROL CENTER
377	377	[CENTERS]. (a) In this chapter:
378	378	(1) "Center" means the Texas Poison Control Center
379	379	established under Subsection (b).
380	380	(2) "Coordinating committee" means the coordinating
381	381	committee on poison control established under Section 777.008.
382	382	(b) The Texas Poison Control Center is established. The
383	383	coordinating committee shall determine a geographical location in
384	384	this state for the center and may designate one or more medical
385	385	facilities in this state to be affiliated with the center.
386	386	(c) [Six regional centers for poison control are designated
387	387	as the regional poison control centers for the state as follows:
388	388	[(1) The University of Texas Medical Branch at
389	389	Galveston;
390	390	[(2) the Dallas County Hospital District/North Texas
391	391	Poison Center;
392	392	[(3) The University of Texas Health Science Center at
393	393	San Antonio;
394	394	[(4) the University Medical Center of El Paso, El Paso
395	395	County Hospital District;
396	396	[(5) the Texas Tech University Health Sciences Center
397	397	at Amarillo; and
398	398	[(6) Scott and White Memorial Hospital, Temple, Texas.
399	399	[(b)] The center [poison control centers] shall coordinate
400	400	poison control activities in this [within the designated health and
401	401	human services regions for the] state. [The Commission on State
402	402	Emergency Communications shall adopt rules designating the region
403	403	for each poison control center.] The Commission on State Emergency
404	404	Communications may adopt rules permitting the center [poison
405	405	control centers] to provide [services for regions served by other
406	406	poison control centers in this state as necessary to maximize
407	407	efficient use of resources and provide] appropriate services
408	408	throughout this state [in each region].
409	409	[(c) The Commission on State Emergency Communications may
410	410	vote to designate a seventh regional or satellite poison control
411	411	center in Harris County. That poison control center is subject to
412	412	all provisions of this chapter and other law relating to regional
413	413	poison control centers.]
414	414	Sec. 777.002. TELEPHONE SERVICES. (a) The [A poison
415	415	control] center [established by this chapter] shall provide a
416	416	24-hour toll-free telephone referral and information service for
417	417	the public and health care professionals according to the
418	418	requirements of the American Association of Poison Control Centers.
419	419	(b) Each public safety answering point, as that term is
420	420	defined by Section 771.001, shall have direct telephone access to
421	421	the [at least one poison control] center. Poison [Regional poison]
422	422	information services may be available directly from the center [for
423	423	the region or from another poison control center] but shall be
424	424	available through all 9-1-1 services [in the region], as the term
425	425	"9-1-1 service" is defined by Section 771.001, throughout the
426	426	state. The 9-1-1 service calls pertaining to poisonings may be
427	427	routed to a poison control answering site, if possible, if the
428	428	routing does not adversely affect the immediate availability of
429	429	poisoning management services.
430	430	(c) The [A poison control] center shall ensure that poison
431	431	control activities in this state [within the designated region]
432	432	meet the criteria established by the American Association of Poison
433	433	Control Centers. The [A] center may meet the criteria directly or
434	434	may affiliate with other poison control centers or poison treatment
435	435	facilities in other states, if necessary [possible]. The [A]
436	436	center shall ensure that treatment facilities and services are
437	437	available in this state [within the region] and shall identify and
438	438	make available to the public and to appropriate health
439	439	professionals information concerning analytical toxicology,
440	440	emergency and critical care, and extracorporeal capabilities in
441	441	this state [within the region].
442	442	Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. (a) The
443	443	[A poison control] center shall provide:
444	444	(1) community education programs on poison prevention
445	445	methods to inform the public, such as presentations to persons
446	446	attending a primary or secondary school, a parent-teacher
447	447	association meeting, an employee safety meeting at an industrial
448	448	company, or other interested groups;
449	449	(2) information and education to health professionals
450	450	involved in the management of poison and overdose victims,
451	451	including information regarding appropriate therapeutic use of
452	452	medications, their compatibility and stability, and adverse drug
453	453	reactions and interactions;
454	454	(3) professional and technical assistance to state
455	455	agencies requesting toxicologic assistance; and
456	456	(4) consultation services concerning medical
457	457	toxicology, for which a fee may be charged in an amount set by the
458	458	institution in which the center is located to cover the costs of the
459	459	service.
460	460	(b) The center shall develop an objective evaluation
461	461	process for community education programs on poison prevention
462	462	methods provided under Subsection (a)(1) and use the evaluation
463	463	process to design and update as necessary a standardized program
464	464	model for use throughout this state.
465	465	Sec. 777.004. STAFF. (a) The [A poison control] center
466	466	[established under this chapter] shall use physicians,
467	467	pharmacists, nurses, other professionals, and support personnel
468	468	trained in various aspects of toxicology and poison control and
469	469	prevention.
470	470	(b) The [A poison control] center shall make available
471	471	resources, if possible, to accommodate persons who do not speak
472	472	English.
473	473	Sec. 777.005. RESEARCH PROGRAMS. (a) The [A poison
474	474	control] center may conduct a toxicology poison treatment research
475	475	program to improve treatments for poisoning victims and to reduce
476	476	the severity of injuries from poisonings.
477	477	(b) The [A poison control] center may accept grants or
478	478	contributions from public or private sources to be used for
479	479	research.
480	480	Sec. 777.006. INFORMATION AT BIRTH. The Commission on
481	481	State Emergency Communications shall assist the center [regional
482	482	poison control centers] in providing informational packets on
483	483	poison prevention to parents of newborns.
484	484	Sec. 777.007. STATE LIABILITY. The state shall indemnify
485	485	the [a poison control] center and an employee of the [a poison
486	486	control] center under Chapter 104, Civil Practice and Remedies
487	487	Code.
488	488	Sec. 777.008. COORDINATING COMMITTEE. (a) The
489	489	coordinating committee on poison control shall coordinate the
490	490	activities of the center [regional poison control centers
491	491	designated under Section 777.001(a)] and advise the Commission on
492	492	State Emergency Communications.
493	493	(b) The committee is composed of:
494	494	(1) one public member appointed by the Commission on
495	495	State Emergency Communications;
496	496	(2) six members who represent the center [six regional
497	497	poison control centers, one] appointed by the chief executive
498	498	officer of the [each] center;
499	499	(3) one member appointed by the commissioner of the
500	500	Department of State Health Services; and
501	501	(4) one member who is a health care professional
502	502	designated as the poison control program coordinator appointed by
503	503	the Commission on State Emergency Communications.
504	504	SECTION 11.03. Subsections (a) and (b), Section 777.009,
505	505	Health and Safety Code, are amended to read as follows:
506	506	(a) The Commission on State Emergency Communications shall
507	507	establish a program to award grants to fund the center [regional
508	508	poison control centers].
509	509	(b) The Commission on State Emergency Communications shall
510	510	adopt rules to establish criteria for awarding the grants. The
511	511	rules must require the agency to consider:
512	512	(1) the need [of the region based on population
513	513	served] for poison control services in this state and the extent to
514	514	which the grant would meet the identified need;
515	515	(2) the assurance of providing quality services;
516	516	(3) the availability of other funding sources;
517	517	(4) achieving or maintaining certification as a poison
518	518	control center with the American Association of Poison Control
519	519	Centers;
520	520	(5) maintenance of effort; and
521	521	(6) the development or existence of
522	522	telecommunications systems.
523	523	SECTION 11.04. The heading to Section 777.010, Health and
524	524	Safety Code, is amended to read as follows:
525	525	Sec. 777.010. OUT-OF-STATE [OUT-OF-REGION] SERVICES;
526	526	SERVICES FOR PRIVATE ENTITIES.
527	527	SECTION 11.05. Subsections (b) and (c), Section 777.010,
528	528	Health and Safety Code, are amended to read as follows:
529	529	(b) The Commission on State Emergency Communications shall
530	530	contract with the center [one or more regional poison control
531	531	centers] to provide the services required under a contract entered
532	532	into under Subsection (a). The commission may not enter into a
533	533	contract under this subsection if, in the opinion of the
534	534	commission, the [regional poison control] center's performance of
535	535	the contract would result in a diminishment in the services
536	536	provided in this state [the region].
537	537	(c) A contract described by Subsection (a) must recover the
538	538	cost of providing the services and may include a reasonable
539	539	additional amount to support the center's [poison control center]
540	540	services in this state. Revenue from a contract described by
541	541	Subsection (a) must be deposited to the credit of the [regional]
542	542	poison control services account.
543	543	SECTION 11.06. Section 777.011, Health and Safety Code, is
544	544	amended to read as follows:
545	545	Sec. 777.011. [REGIONAL] POISON CONTROL SERVICES ACCOUNT.
546	546	The [regional] poison control services account is an account in the
547	547	general revenue fund. The account is composed of money deposited to
548	548	the account under Section 777.010(c). Money in the account may be
549	549	appropriated only to the Commission on State Emergency
550	550	Communications:
551	551	(1) for administration of and payment for contracts
552	552	entered into under Section 777.010(b); and
553	553	(2) to fund grants awarded under Section 777.009.
554	554	SECTION 11.07. Subsections (b) and (c), Section 777.012,
555	555	Health and Safety Code, are amended to read as follows:
556	556	(b) A service provider shall furnish to the [a poison
557	557	control] center for each call to an emergency line of the center the
558	558	telephone number of the subscribers and the address associated with
559	559	the number.
560	560	(c) Information furnished to the [a poison control] center
561	561	under this section is confidential and is not available for public
562	562	inspection. Information contained in an address database used to
563	563	provide the number or location identification information under
564	564	this section is confidential and is not available for public
565	565	inspection. The service provider or a third party that maintains an
566	566	address database is not liable to any person for the release of
567	567	information furnished by the service provider or third party in
568	568	providing number or location identification information under this
569	569	section, unless the act or omission proximately causing the claim,
570	570	damage, or loss constitutes gross negligence, recklessness, or
571	571	intentional misconduct.
572	572	SECTION 11.08. Subsections (a) and (b), Section 777.013,
573	573	Health and Safety Code, are amended to read as follows:
574	574	(a) The Department of State Health Services, on request of
575	575	the Commission on State Emergency Communications, shall provide
576	576	epidemiological support to the center [regional poison control
577	577	centers under this chapter] to:
578	578	(1) maximize the use of data collected by the center
579	579	[poison control network];
580	580	(2) assist the center [regional poison control
581	581	centers] with quality control and quality assurance;
582	582	(3) assist with research; and
583	583	(4) coordinate poison control activities with other
584	584	public health activities.
585	585	(b) The [Each regional poison control] center shall provide
586	586	the Department of State Health Services with access to all data and
587	587	information collected by the [regional poison control] center for
588	588	public health activities and epidemiological and toxicological
589	589	investigations.
590	590	SECTION 11.09. Section 241.153, Health and Safety Code, is
591	591	amended to read as follows:
592	592	Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
593	593	patient's health care information may be disclosed without the
594	594	patient's authorization if the disclosure is:
595	595	(1) directory information, unless the patient has
596	596	instructed the hospital not to make the disclosure or the directory
597	597	information is otherwise protected by state or federal law;
598	598	(2) to a health care provider who is rendering health
599	599	care to the patient when the request for the disclosure is made;
600	600	(3) to a transporting emergency medical services
601	601	provider for the purpose of:
602	602	(A) treatment or payment, as those terms are
603	603	defined by the regulations adopted under the Health Insurance
604	604	Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
605	605	or
606	606	(B) the following health care operations
607	607	described by the regulations adopted under the Health Insurance
608	608	Portability and Accountability Act of 1996 (Pub. L. No. 104-191):
609	609	(i) quality assessment and improvement
610	610	activities;
611	611	(ii) specified insurance functions;
612	612	(iii) conducting or arranging for medical
613	613	reviews; or
614	614	(iv) competency assurance activities;
615	615	(4) to a member of the clergy specifically designated
616	616	by the patient;
617	617	(5) to a procurement organization as defined in
618	618	Section 692A.002 for the purpose of making inquiries relating to
619	619	donations according to the protocol referred to in Section
620	620	692A.015;
621	621	(6) to a prospective health care provider for the
622	622	purpose of securing the services of that health care provider as
623	623	part of the patient's continuum of care, as determined by the
624	624	patient's attending physician;
625	625	(7) to a person authorized to consent to medical
626	626	treatment under Chapter 313 or to a person in a circumstance
627	627	exempted from Chapter 313 to facilitate the adequate provision of
628	628	treatment;
629	629	(8) to an employee or agent of the hospital who
630	630	requires health care information for health care education, quality
631	631	assurance, or peer review or for assisting the hospital in the
632	632	delivery of health care or in complying with statutory, licensing,
633	633	accreditation, or certification requirements and if the hospital
634	634	takes appropriate action to ensure that the employee or agent:
635	635	(A) will not use or disclose the health care
636	636	information for any other purpose; and
637	637	(B) will take appropriate steps to protect the
638	638	health care information;
639	639	(9) to a federal, state, or local government agency or
640	640	authority to the extent authorized or required by law;
641	641	(10) to a hospital that is the successor in interest to
642	642	the hospital maintaining the health care information;
643	643	(11) to the American Red Cross for the specific
644	644	purpose of fulfilling the duties specified under its charter
645	645	granted as an instrumentality of the United States government;
646	646	(12) to the Texas Poison Control Center established
647	647	under [a regional poison control center, as the term is used in]
648	648	Chapter 777[,] to the extent necessary to enable the center to
649	649	provide information and education to health professionals involved
650	650	in the management of poison and overdose victims, including
651	651	information regarding appropriate therapeutic use of medications,
652	652	their compatibility and stability, and adverse drug reactions and
653	653	interactions;
654	654	(13) to a health care utilization review agent who
655	655	requires the health care information for utilization review of
656	656	health care under Chapter 4201, Insurance Code;
657	657	(14) for use in a research project authorized by an
658	658	institutional review board under federal law;
659	659	(15) to health care personnel of a penal or other
660	660	custodial institution in which the patient is detained if the
661	661	disclosure is for the sole purpose of providing health care to the
662	662	patient;
663	663	(16) to facilitate reimbursement to a hospital, other
664	664	health care provider, or the patient for medical services or
665	665	supplies;
666	666	(17) to a health maintenance organization for purposes
667	667	of maintaining a statistical reporting system as required by a rule
668	668	adopted by a state agency or regulations adopted under the federal
669	669	Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
670	670	Section 300e et seq.);
671	671	(18) to satisfy a request for medical records of a
672	672	deceased or incompetent person pursuant to Section 74.051(e), Civil
673	673	Practice and Remedies Code;
674	674	(19) to comply with a court order except as provided by
675	675	Subdivision (20); or
676	676	(20) related to a judicial proceeding in which the
677	677	patient is a party and the disclosure is requested under a subpoena
678	678	issued under:
679	679	(A) the Texas Rules of Civil Procedure or Code of
680	680	Criminal Procedure; or
681	681	(B) Chapter 121, Civil Practice and Remedies
682	682	Code.
683	683	SECTION 11.10. Subsection (a), Section 771.051, Health and
684	684	Safety Code, is amended to read as follows:
685	685	(a) The commission is the state's authority on emergency
686	686	communications. The commission shall:
687	687	(1) administer the implementation of statewide 9-1-1
688	688	service and the poison control network, including the Texas Poison
689	689	Control Center established [poison control centers] under Chapter
690	690	777;
691	691	(2) develop minimum performance standards for
692	692	equipment and operation of 9-1-1 service to be followed in
693	693	developing regional plans under Section 771.055, including
694	694	requirements that the plans provide for:
695	695	(A) automatic number identification by which the
696	696	telephone number of the caller is automatically identified at the
697	697	public safety answering point receiving the call; and
698	698	(B) other features the commission considers
699	699	appropriate;
700	700	(3) examine and approve or disapprove regional plans
701	701	as provided by Section 771.056;
702	702	(4) recommend minimum training standards, assist in
703	703	training, and provide assistance in the establishment and operation
704	704	of 9-1-1 service;
705	705	(5) allocate money to prepare and operate regional
706	706	plans as provided by Section 771.056;
707	707	(6) develop and provide public education materials and
708	708	training;
709	709	(7) plan, implement, operate, and maintain poison
710	710	control center databases and assist in planning, supporting, and
711	711	facilitating 9-1-1 databases, as needed;
712	712	(8) provide grants or contracts for services that
713	713	enhance the effectiveness of 9-1-1 service;
714	714	(9) coordinate emergency communications services and
715	715	providers;
716	716	(10) make reasonable efforts to gain voluntary
717	717	cooperation in the commission's activities of emergency
718	718	communications authorities and providers outside the commission's
719	719	jurisdiction, including:
720	720	(A) making joint communications to state and
721	721	federal regulators; and
722	722	(B) arranging cooperative purchases of equipment
723	723	or services; and
724	724	(11) accept, receive, and deposit in its account in
725	725	the general revenue fund gifts, grants, and royalties from public
726	726	and private entities. Gifts, grants, and royalties may be used for
727	727	the purposes of the commission.
728	728	SECTION 11.11. Subsections (e) and (f), Section 771.072,
729	729	Health and Safety Code, are amended to read as follows:
730	730	(e) From the revenue received from the surcharge imposed by
731	731	this section, the amount derived from the application of the
732	732	surcharge at a rate of not more than .8 percent shall be
733	733	periodically allocated to fund grants awarded under Section 777.009
734	734	and other activities related to the Texas Poison Control Center
735	735	[poison control centers] as required by Chapter 777.
736	736	(f) The comptroller shall deposit the surcharges and any
737	737	prior balances in accounts in the general revenue fund in the state
738	738	treasury until they are allocated to regional planning commissions,
739	739	other 9-1-1 jurisdictions, and the Texas Poison Control Center
740	740	[regional poison control centers] in accordance with this section.
741	741	From those accounts, the amount necessary for the commission to
742	742	fund approved plans of regional planning commissions and the Texas
743	743	Poison Control Center [regional poison control centers] and to
744	744	carry out its duties under this chapter shall be appropriated to the
745	745	commission. Section 403.095, Government Code, does not apply to an
746	746	account established by this subsection.
747	747	SECTION 11.12. Section 153.015, Occupations Code, is
748	748	amended to read as follows:
749	749	Sec. 153.015. POISON CONTROL CENTER INFORMATION. The board
750	750	shall provide to license holders information regarding the services
751	751	provided by the Texas Poison Control Center [poison control
752	752	centers].
753	753	SECTION 11.13. Section 202.161, Occupations Code, is
754	754	amended to read as follows:
755	755	Sec. 202.161. POISON CONTROL CENTER INFORMATION. The board
756	756	shall provide to license holders information regarding the services
757	757	provided by the Texas Poison Control Center [poison control
758	758	centers].
759	759	SECTION 11.14. Section 254.017, Occupations Code, is
760	760	amended to read as follows:
761	761	Sec. 254.017. POISON CONTROL CENTER INFORMATION. The board
762	762	shall provide to license holders information regarding the services
763	763	provided by the Texas Poison Control Center [poison control
764	764	centers].
765	765	SECTION 11.15. Section 301.1582, Occupations Code, is
766	766	amended to read as follows:
767	767	Sec. 301.1582. POISON CONTROL CENTER INFORMATION. The
768	768	board shall provide to license holders information regarding the
769	769	services provided by the Texas Poison Control Center [poison
770	770	control centers].
771	771	SECTION 11.16. Section 351.167, Occupations Code, is
772	772	amended to read as follows:
773	773	Sec. 351.167. POISON CONTROL CENTER INFORMATION. The board
774	774	shall provide to license holders information regarding the services
775	775	provided by the Texas Poison Control Center [poison control
776	776	centers].
777	777	SECTION 11.17. Section 554.015, Occupations Code, is
778	778	amended to read as follows:
779	779	Sec. 554.015. POISON CONTROL CENTER INFORMATION. The board
780	780	shall provide to license holders information regarding the services
781	781	provided by the Texas Poison Control Center [poison control
782	782	centers].
783	783	SECTION 11.18. (a) Not later than March 1, 2012, the
784	784	Commission on State Emergency Communications shall consolidate the
785	785	six regional poison control centers in this state into and
786	786	establish the Texas Poison Control Center, as required by Section
787	787	777.001, Health and Safety Code, as amended by this article, at the
788	788	geographical location determined by the coordinating committee on
789	789	poison control. On that date, the regional poison control centers
790	790	are abolished and the powers, duties, obligations, rights,
791	791	contracts, records, personnel, property, and unspent
792	792	appropriations of the six regional poison control centers in this
793	793	state are transferred to the Texas Poison Control Center.
794	794	(b) The rules of the regional poison control centers in this
795	795	state are continued in effect as rules of the Texas Poison Control
796	796	Center until superseded by rule.
797	797	(c) Notwithstanding the changes in law made by this article,
798	798	until the date the Commission on State Emergency Communications
799	799	consolidates the six regional poison control centers as provided by
800	800	this section, the regional poison control centers shall continue to
801	801	operate and provide services under the law that governed the
802	802	centers before the effective date of this Act, and the prior law is
803	803	continued in effect for that purpose.
804	804	(d) As soon as practicable after the date the Texas Poison
805	805	Control Center is established as provided by this section, the
806	806	chief executive officer of the center shall appoint six members who
807	807	represent the center to the coordinating committee on poison
808	808	control established by Section 777.008, Health and Safety Code, as
809	809	amended by this article. The members serving on the coordinating
810	810	committee as representatives of the six regional poison control
811	811	centers immediately before the effective date of this Act shall
812	812	continue to serve on the coordinating committee until the date the
813	813	chief executive officer appoints members who represent the center
814	814	as required by this subsection.
815	815	SECTION 11.19. (a) Not later than March 1, 2012, the
816	816	coordinating committee on poison control established by Section
817	817	777.008, Health and Safety Code, as amended by this article, shall
818	818	determine a geographical location for the Texas Poison Control
819	819	Center, as required by Subsection (b), Section 777.001, Health and
820	820	Safety Code, as amended by this article.
821	821	(b) Not later than March 1, 2013, the Texas Poison Control
822	822	Center established under Section 777.001, Health and Safety Code,
823	823	as amended by this article, shall design the initial standardized
824	824	program model for community education programs as required by
825	825	Subsection (b), Section 777.003, Health and Safety Code, as added
826	826	by this article.
827	827	ARTICLE 12. AUTHORIZED USES FOR CERTAIN DEDICATED PERMANENT FUNDS
828	828	IN STATE TREASURY
829	829	SECTION 12.01. Section 403.105, Government Code, is amended
830	830	by amending Subsection (b) and adding Subsection (b-1) to read as
831	831	follows:
832	832	(b) Except as provided by Subsections (b-1), (c), (e), (f),
833	833	and (h), money in the fund may not be appropriated for any purpose.
834	834	(b-1) The legislature may appropriate money in the fund,
835	835	including the available earnings of the fund determined under
836	836	Section 403.1068, to pay the principal of or interest on a bond
837	837	issued for the purposes of Section 67, Article III, Texas
838	838	Constitution. This subsection does not authorize the appropriation
839	839	under this subsection of money subject to a limitation or
840	840	requirement as described by Subsection (e) that is not consistent
841	841	with the use of the money in accordance with this subsection.
842	842	SECTION 12.02. Section 403.1055, Government Code, is
843	843	amended by amending Subsection (b) and adding Subsection (b-1) to
844	844	read as follows:
845	845	(b) Except as provided by Subsections (b-1), (c), (e), (f),
846	846	and (h), money in the fund may not be appropriated for any purpose.
847	847	(b-1) The legislature may appropriate money in the fund,
848	848	including the available earnings of the fund determined under
849	849	Section 403.1068, to pay the principal of or interest on a bond
850	850	issued for the purposes of Section 67, Article III, Texas
851	851	Constitution. This subsection does not authorize the appropriation
852	852	under this subsection of money subject to a limitation or
853	853	requirement as described by Subsection (e) that is not consistent
854	854	with the use of the money in accordance with this subsection.
855	855	SECTION 12.03. Section 403.106, Government Code, is amended
856	856	by amending Subsection (b) and adding Subsection (b-1) to read as
857	857	follows:
858	858	(b) Except as provided by Subsections (b-1), (c), (e), (f),
859	859	and (h), money in the fund may not be appropriated for any purpose.
860	860	(b-1) The legislature may appropriate money in the fund,
861	861	including the available earnings of the fund determined under
862	862	Section 403.1068, to pay the principal of or interest on a bond
863	863	issued for the purposes of Section 67, Article III, Texas
864	864	Constitution. This subsection does not authorize the appropriation
865	865	under this subsection of money subject to a limitation or
866	866	requirement as described by Subsection (e) that is not consistent
867	867	with the use of the money in accordance with this subsection.
868	868	SECTION 12.04. This article takes effect immediately if
869	869	this Act receives a vote of two-thirds of all the members elected to
870	870	each house, as provided by Section 39, Article III, Texas
871	871	Constitution. If this Act does not receive the vote necessary for
872	872	immediate effect, this article takes effect September 1, 2011.
873	873	ARTICLE 13. USE OF TEXAS ENTERPRISE FUND FOR TEXAS HOMELESS
874	874	HOUSING AND SERVICES PROGRAM
875	875	SECTION 13.01. Section 481.078, Government Code, is amended
876	876	by amending Subsection (c) and adding Subsection (d-1) to read as
877	877	follows:
878	878	(c) Except as provided by Subsections [Subsection] (d) and
879	879	(d-1), the fund may be used only for economic development,
880	880	infrastructure development, community development, job training
881	881	programs, and business incentives.
882	882	(d-1) The fund may be used for the Texas homeless housing
883	883	and services program administered by the Texas Department of
884	884	Housing and Community Affairs. Subsections (e-1), (f), (g), (h),
885	885	(i), and (j) and Section 481.080 do not apply to a grant awarded for
886	886	a purpose specified by this subsection.
887	887	SECTION 13.02. Section 481.079, Government Code, is amended
888	888	by adding Subsection (a-1) to read as follows:
889	889	(a-1) For grants awarded for a purpose specified by Section
890	890	481.078(d-1), the report must include only the amount and purpose
891	891	of each grant.
892	892	SECTION 13.03. This article takes effect immediately if
893	893	this Act receives a vote of two-thirds of all the members elected to
894	894	each house, as provided by Section 39, Article III, Texas
895	895	Constitution. If this Act does not receive the vote necessary for
896	896	immediate effect, this article takes effect September 1, 2011.
897	897	ARTICLE 14. DEBT ISSUANCE AUTHORITY OF AND FUNDING FOR CANCER
898	898	PREVENTION AND RESEARCH INSTITUTE OF TEXAS
899	899	SECTION 14.01. Subchapter C, Chapter 1232, Government Code,
900	900	is amended by adding Section 1232.1221 to read as follows:
901	901	Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR
902	902	CANCER-RELATED PROJECTS. (a) Funds may be distributed to a grant
903	903	recipient for a multiyear project for which an award is granted by
904	904	the Cancer Prevention and Research Institute of Texas Oversight
905	905	Committee as authorized by Section 102.257, Health and Safety Code,
906	906	after the authority has certified that obligations in an amount
907	907	sufficient to pay the money needed to fund the project have been
908	908	authorized for issuance by the authority and approved by the Bond
909	909	Review Board.
910	910	(b) After issuing the obligations, the board shall:
911	911	(1) pay the costs of the issuance and any related bond
912	912	administrative costs of the authority;
913	913	(2) certify to the Cancer Prevention and Research
914	914	Institute of Texas and to the comptroller that the proceeds from the
915	915	issuance are available; and
916	916	(3) deposit the proceeds into the state treasury to be
917	917	credited to the account of the Cancer Prevention and Research
918	918	Institute of Texas.
919	919	SECTION 14.02. Subsections (b) and (c), Section 102.201,
920	920	Health and Safety Code, are amended to read as follows:
921	921	(b) The cancer prevention and research fund consists of:
922	922	(1) patent, royalty, and license fees and other income
923	923	received under a contract entered into as provided by Section
924	924	102.255;
925	925	(2) appropriations of money to the fund by the
926	926	legislature, except that the appropriated money may not include the
927	927	proceeds from the issuance of bonds authorized by Section 67,
928	928	Article III, Texas Constitution;
929	929	(3) gifts, grants, including grants from the federal
930	930	government, and other donations received for the fund; and
931	931	(4) interest earned on the investment of money in the
932	932	fund.
933	933	(c) The fund may be used only to pay for:
934	934	(1) grants for cancer research and for cancer research
935	935	facilities in this state to realize therapies, protocols, and
936	936	medical procedures for the cure or substantial mitigation of all
937	937	types of cancer in humans;
938	938	(2) the purchase, subject to approval by the
939	939	institute, of laboratory facilities by or on behalf of a state
940	940	agency or grant recipient;
941	941	(3) grants to public or private persons to implement
942	942	the Texas Cancer Plan;
943	943	(4) the operation of the institute; [and]
944	944	(5) grants for cancer prevention and control programs
945	945	in this state to mitigate the incidence of all types of cancer in
946	946	humans; and
947	947	(6) debt service on bonds issued as authorized by
948	948	Section 67, Article III, Texas Constitution.
949	949	SECTION 14.03. Section 102.257, Health and Safety Code, is
950	950	amended to read as follows:
951	951	Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee
952	952	may grant funds for a multiyear project. The oversight committee
953	953	must specify the total amount of [All the] money approved [needed]
954	954	to fund the [a] multiyear project. The total amount specified is
955	955	considered for purposes of Section 102.253 to have been [must be]
956	956	awarded in the state fiscal year that the project is approved by the
957	957	research and prevention programs committee. The institute shall
958	958	distribute only the money that will be expended during that fiscal
959	959	year. The institute may maintain the remaining money needed in each
960	960	subsequent fiscal year [shall be maintained] in an escrow account
961	961	to be distributed by the institute as the money is needed [in
962	962	subsequent years of the project].
963	963	SECTION 14.04. The changes in law made by this article apply
964	964	only to a grant of funds for a multiyear project by the Cancer
965	965	Prevention and Research Institute of Texas Oversight Committee as
966	966	authorized by Section 102.257, Health and Safety Code, as amended
967	967	by this article, made on or after June 1, 2011. A grant of funds for
968	968	a multiyear project made before that date is governed by the law in
969	969	effect on the date the grant was made, and the former law is
970	970	continued in effect for that purpose.
971	971	SECTION 14.05. This article takes effect immediately if
972	972	this Act receives a vote of two-thirds of all the members elected to
973	973	each house, as provided by Section 39, Article III, Texas
974	974	Constitution. If this Act does not receive the vote necessary for
975	975	immediate effect, this article takes effect September 1, 2011.
976	976	ARTICLE 15. EFFECTIVE DATE
977	977	SECTION 15.01. Except as otherwise provided by this Act,
978	978	this Act takes effect September 1, 2011.
979	979	* * * * *