By: Nelson S.B. No. 969
(In the Senate - Filed February 25, 2011; March 8, 2011,
read first time and referred to Committee on Health and Human
Services; March 28, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 28, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 969 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Public Health Funding and
Policy 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 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 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 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. 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 117.004-117.050 reserved for expansion]
SUBCHAPTER B. ESTABLISHMENT OF COMMITTEE
Sec. 117.051. ESTABLISHMENT OF COMMITTEE. The commissioner
shall establish the Public Health Funding and Policy Committee
within the department.
Sec. 117.052. APPOINTMENT OF MEMBERS. (a) The
commissioner shall appoint nine 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 entity representative of a
municipality or county with a population of 50,000 or less;
(3) one local health entity representative from a
municipality or county with a population greater than 50,000 but
less than 250,000;
(4) one local health entity representative from a
municipality or county with a population of at least 250,000;
(5) two local health entity representatives, each of
whom serves in a municipality or county as the health authority; and
(6) two representatives of schools of public health at
institutions of higher education in this state.
(b) In making appointments under Subsections (a)(2), (3),
(4), and (5), 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 three members 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 quarterly 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
551.125(b) and 551.127, Government Code, do not apply to the
committee.
[Sections 117.057-117.100 reserved for expansion]
SUBCHAPTER C. DUTIES OF COMMITTEE
Sec. 117.101. GENERAL DUTIES OF COMMITTEE. (a) The
committee shall:
(1) define the core public health services a local
health entity 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 entities to perform core public health functions;
(4) establish public health policy priorities for this
state; and
(5) at least annually, make formal recommendations to
the department regarding:
(A) the use and allocation of funds available
exclusively to local health entities to perform core public health
functions;
(B) ways to improve the overall public health of
citizens in this state;
(C) methods for transitioning from a contractual
relationship between the department and the local health entities
to a cooperative-agreement relationship between the department and
the local health entities; and
(D) methods for fostering a continuous
collaborative relationship between the department and the local
health entities.
(b) Recommendations made under Subsection (a)(5)(A) must be
in accordance with:
(1) prevailing epidemiological evidence, variations
in geographic and population needs, best practices, and
evidence-based interventions related to the populations to be
served;
(2) state and federal law; and
(3) federal funding requirements.
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 public health
stakeholders to carry out the general duties of the committee.
Sec. 117.103. ANNUAL REPORT. Beginning in 2012, not later
than November 30 of each year the committee shall file a report on
the implementation of this chapter with the governor, the
lieutenant governor, and the speaker of the house of
representatives.
Sec. 117.104. SUPPORT STAFF. Using existing personnel and
videoconferencing equipment, local health entities or their
designees may assist the committee in the performance of its duties
under this chapter.
Sec. 117.105. OPEN MEETINGS ACT. Except as provided by
Section 117.056, 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. ANNUAL REPORT. (a) Beginning in 2012, not
later than November 30 of each year the department shall file an
annual report with the governor, the lieutenant governor, and the
speaker of the house of representatives detailing:
(1) the implementation of the committee's
recommendations described in Section 117.101(a)(5); and
(2) an explanation of the department's reasons for not
implementing a recommendation.
(b) A decision by the department not to implement a
recommendation of the committee must be based on:
(1) a lack of available funding;
(2) evidence that the recommendation is not in
accordance with prevailing epidemiological evidence, variations in
geographic and population needs, best practices, or evidence-based
interventions related to the populations to be served;
(3) evidence that implementing the recommendation
would violate state or federal law; or
(4) evidence that the recommendation would violate
federal funding requirements.
Sec. 117.152. COLLABORATIVE RELATIONSHIP WITH LOCAL HEALTH
ENTITIES. The department shall establish a continuous
collaborative relationship with local health departments.
Sec. 117.153. COOPERATIVE AGREEMENT PLAN. Not later than
June 30, 2012, the department shall develop a plan to transition
from contractual agreements with local health entities to
cooperative agreements with local health entities. The plan must
include a mechanism to ensure that the local health entities are
accountable to the department for the funds allocated. This
section expires June 30, 2013.
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 ENTITY POLICY. In developing
policy related to funding local health entities as defined by
Section 117.001, the department shall consult with the Public
Health Funding and Policy 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 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 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 Committee, the members shall draw
lots to determine which three members will serve initial two-year
terms expiring February 1, 2013, which three 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.
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