82R7786 YDB-F
By: Nelson S.B. No. 969
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Public Health Funding and
Policy Advisory Committee within the Department of State Health
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 117 to read as follows:
CHAPTER 117. PUBLIC HEALTH FUNDING AND POLICY
ADVISORY COMMITTEE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 117.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of state
health services.
(2) "Committee" means the Public Health Funding and
Policy Advisory Committee established under Section 117.051.
(3) "Department" means the Department of State Health
Services.
(4) "Local health department" means a local health
department established under Subchapter D, Chapter 121.
(5) "Local health entity" means a local health unit, a
local health department, or a public health district.
(6) "Local health unit" has the meaning assigned by
Section 121.004.
(7) "Public health district" means a health district
established under Subchapter E, Chapter 121.
Sec. 117.002. APPLICATION OF SUNSET ACT. The Public Health
Funding and Policy Advisory Committee is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the committee is abolished and this
chapter expires September 1, 2023.
Sec. 117.003. APPLICABILITY OF OTHER LAW. Chapter 2110,
Government Code, does not apply to the committee.
Sec. 117.004. ADMINISTRATIVE COSTS. To the extent that a
term or condition of a federal grant or federal law does not limit
the use of federal grant money, the department or a local health
entity may use federal grant money to pay the administrative costs
incurred by the department or the local health entity in
implementing and administering this chapter.
[Sections 117.005-117.050 reserved for expansion]
SUBCHAPTER B. ESTABLISHMENT OF COMMITTEE
Sec. 117.051. ESTABLISHMENT OF COMMITTEE. The commissioner
shall establish the Public Health Funding and Policy Advisory
Committee within the department.
Sec. 117.052. APPOINTMENT OF MEMBERS. (a) The
commissioner shall appoint seven members to the committee as
follows:
(1) two regional health directors, each of whom is
serving as a health authority in a municipality or county;
(2) one local health department representative of a
municipality or county with a population of 50,000 or less;
(3) one local health department representative from a
municipality or county with a population greater than 50,000 but
less than 250,000;
(4) one local health department representative from a
municipality or county with a population of at least 250,000;
(5) one local health department representative
serving in a municipality or county as the health authority; and
(6) one representative of a school of public health at
an institution of higher education in this state.
(b) In making appointments, the commissioner shall select
the members from nominations by associations representing local
health departments, county governments, and municipal governments.
Sec. 117.053. TERMS; VACANCY. (a) Committee members serve
staggered six-year terms, with the terms of two or three members, as
applicable, expiring on February 1 of each odd-numbered year.
(b) If a vacancy occurs on the committee, a person shall be
appointed to fill the vacancy for the unexpired term in the same
manner as the original appointment.
Sec. 117.054. COMPENSATION AND REIMBURSEMENT. A committee
member is not entitled to compensation for service on the committee
and is not entitled to reimbursement for any travel expenses.
Sec. 117.055. PRESIDING OFFICER. The presiding officer is
elected by a majority vote of all the committee members.
Sec. 117.056. MEETINGS. (a) The committee shall meet at
least monthly or more frequently at the call of the presiding
officer.
(b) To ensure appropriate representation from all areas of
this state, the committee may meet by videoconference or telephone
conference call. A meeting held by videoconference or telephone
conference call under this subsection must comply with the
requirements applicable to a telephone conference call under
Sections 551.125(c), (d), (e), and (f), Government Code.
[Sections 117.057-117.100 reserved for expansion]
SUBCHAPTER C. DUTIES OF COMMITTEE
Sec. 117.101. GENERAL DUTIES OF COMMITTEE. The committee
shall:
(1) define and make recommendations to the department
on the core public health services a local health department should
provide in a county or municipality;
(2) evaluate public health in this state and identify
initiatives for areas that need improvement;
(3) identify all funding sources available for use by
local health departments to perform core public health functions;
(4) recommend policy priorities for the department to
use in allocating money available for core public health services,
in accordance with:
(A) prevailing epidemiological evidence,
variations in geographic and population needs, best practices, and
evidence-based interventions related to the populations to be
served;
(B) state and federal law; and
(C) federal funding requirements;
(5) at least semiannually, make formal
recommendations to the department on the use of funds available
exclusively to local health departments to perform core public
health functions and on the allocation of the available funds
throughout this state;
(6) make recommendations to the department on
transitioning from a contractual relationship with the local health
departments to a cooperative agreement relationship with the local
health departments; and
(7) make recommendations to the department on methods
for fostering a continuous collaborative relationship with local
health departments.
Sec. 117.102. PUBLIC TESTIMONY. (a) At least
semiannually, the committee shall:
(1) invite public health stakeholders, including
federal public health officials, county and municipal governments,
schools of public health at institutions of higher education, and
federally qualified health centers, to give oral or written
testimony to the committee; and
(2) provide opportunities for the general public to
give oral or written testimony to the committee.
(b) The committee shall consult with key stakeholders to
carry out the general duties of the committee.
Sec. 117.103. ANNUAL REPORT. Not later than November 30 of
each year, the committee shall file a report on the implementation
of this chapter with the governor, lieutenant governor, and speaker
of the house of representatives.
Sec. 117.104. SUPPORT STAFF. Using existing administrative,
professional, clerical, and other personnel, local health
departments or their designees may assist the committee in the
performance of its duties under this chapter.
Sec. 117.105. OPEN MEETINGS ACT. The committee is subject
to Chapter 551, Government Code.
[Sections 117.106-117.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT
Sec. 117.151. FUNDING AND POLICY DECISIONS. The department
shall consider the committee's recommendations in making funding
and policy decisions related to core public health services,
provided the recommendations comply with prevailing
epidemiological evidence, variations in geographic and population
needs, best practices, and evidence-based interventions related to
the populations to be served.
Sec. 117.152. ANNUAL REPORT. The department shall file an
annual report with the governor, lieutenant governor, and speaker
of the house of representatives on the implementation of the
committee's funding and policy recommendations and an explanation
of the department's reasons for not implementing any
recommendation.
Sec. 117.153. COOPERATIVE AGREEMENT PLAN. Not later than
June 30, 2012, the department shall develop a plan to transition
from contractual agreements with the local health departments to
cooperative agreements with the local health departments. The plan
must include a mechanism to ensure the local health departments are
accountable to the department for the funds allocated. This
section expires June 30, 2013.
Sec. 117.154. COLLABORATIVE RELATIONSHIP WITH LOCAL HEALTH
DEPARTMENTS. The department shall establish a continuous,
collaborative relationship with local health departments.
SECTION 2. Subchapter B, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.0305 to read as follows:
Sec. 1001.0305. LOCAL HEALTH DEPARTMENT POLICY. In
developing policy related to funding local health departments as
defined by Section 117.001, the department shall consult with the
Public Health Funding and Policy Advisory Committee established
under Chapter 117.
SECTION 3. (a) As soon as practicable after the effective
date of this Act but not later than October 1, 2011, the
commissioner of state health services shall appoint the members of
the Public Health Funding and Policy Advisory Committee established
by Section 117.051, Health and Safety Code, as added by this Act.
(b) Not later than the 30th day after the date all members
are appointed to the Public Health Funding and Policy Advisory
Committee as required by Subsection (a) of this section, the
commissioner of state health services shall call the first meeting
of the committee.
(c) At the first meeting of the initial members of the
Public Health Funding and Policy Advisory Committee, the members
shall draw lots to determine which two members will serve initial
two-year terms expiring February 1, 2013, which two members will
serve initial four-year terms expiring February 1, 2015, and which
three members will serve initial six-year terms expiring February
1, 2017.
SECTION 4. This Act takes effect September 1, 2011.