Texas 2011 - 82nd Regular

Texas Senate Bill SB969 Compare Versions

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1	1	By: Nelson S.B. No. 969
2	2	(Kolkhorst)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Public Health Funding and
8	8	Policy Committee within the Department of State Health Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 117 to read as follows:
12	12	CHAPTER 117. PUBLIC HEALTH FUNDING AND POLICY COMMITTEE
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 117.001. DEFINITIONS. In this chapter:
15	15	(1) "Commissioner" means the commissioner of state
16	16	health services.
17	17	(2) "Committee" means the Public Health Funding and
18	18	Policy Committee established under Section 117.051.
19	19	(3) "Department" means the Department of State Health
20	20	Services.
21	21	(4) "Local health department" means a local health
22	22	department established under Subchapter D, Chapter 121.
23	23	(5) "Local health entity" means a local health unit, a
24	24	local health department, or a public health district.
25	25	(6) "Local health unit" has the meaning assigned by
26	26	Section 121.004.
27	27	(7) "Public health district" means a health district
28	28	established under Subchapter E, Chapter 121.
29	29	Sec. 117.002. APPLICATION OF SUNSET ACT. The Public Health
30	30	Funding and Policy Committee is subject to Chapter 325, Government
31	31	Code (Texas Sunset Act). Unless continued in existence as provided
32	32	by that chapter, the committee is abolished and this chapter
33	33	expires September 1, 2023.
34	34	Sec. 117.003. ADMINISTRATIVE COSTS. To the extent that a
35	35	term or condition of a federal grant or federal law does not limit
36	36	the use of federal grant money, the department or a local health
37	37	entity may use federal grant money to pay the administrative costs
38	38	incurred by the department or the local health entity in
39	39	implementing and administering this chapter.
40	40	[Sections 117.004-117.050 reserved for expansion]
41	41	SUBCHAPTER B. ESTABLISHMENT OF COMMITTEE
42	42	Sec. 117.051. ESTABLISHMENT OF COMMITTEE. The commissioner
43	43	shall establish the Public Health Funding and Policy Committee
44	44	within the department.
45	45	Sec. 117.052. APPOINTMENT OF MEMBERS. (a) The
46	46	commissioner shall appoint nine members to the committee as
47	47	follows:
48	48	(1) two regional health directors, each of whom is
49	49	serving as a health authority in a municipality or county;
50	50	(2) one local health entity representative of a
51	51	municipality or county with a population of 50,000 or less;
52	52	(3) one local health entity representative from a
53	53	municipality or county with a population greater than 50,000 but
54	54	less than 250,000;
55	55	(4) one local health entity representative from a
56	56	municipality or county with a population of at least 250,000;
57	57	(5) two local health entity representatives, each of
58	58	whom serves in a municipality or county as the health authority; and
59	59	(6) two representatives of schools of public health at
60	60	institutions of higher education in this state.
61	61	(b) In making appointments under Subsections (a)(2), (3),
62	62	(4), and (5), the commissioner shall select the members from
63	63	nominations by associations representing local health departments,
64	64	county governments, and municipal governments.
65	65	Sec. 117.053. TERMS; VACANCY. (a) Committee members serve
66	66	staggered six-year terms, with the terms of three members expiring
67	67	on February 1 of each odd-numbered year.
68	68	(b) If a vacancy occurs on the committee, a person shall be
69	69	appointed to fill the vacancy for the unexpired term in the same
70	70	manner as the original appointment.
71	71	Sec. 117.054. COMPENSATION AND REIMBURSEMENT. A committee
72	72	member is not entitled to compensation for service on the committee
73	73	and is not entitled to reimbursement for any travel expenses.
74	74	Sec. 117.055. PRESIDING OFFICER. The presiding officer is
75	75	elected by a majority vote of all the committee members.
76	76	Sec. 117.056. MEETINGS. (a) The committee shall meet at
77	77	least quarterly or more frequently at the call of the presiding
78	78	officer.
79	79	(b) To ensure appropriate representation from all areas of
80	80	this state, the committee may meet by videoconference or telephone
81	81	conference call. A meeting held by videoconference or telephone
82	82	conference call under this subsection must comply with the
83	83	requirements applicable to a telephone conference call under
84	84	Sections 551.125(c), (d), (e), and (f), Government Code. Sections
85	85	551.125(b) and 551.127, Government Code, do not apply to the
86	86	committee.
87	87	[Sections 117.057-117.100 reserved for expansion]
88	88	SUBCHAPTER C. DUTIES OF COMMITTEE
89	89	Sec. 117.101. GENERAL DUTIES OF COMMITTEE. (a) The
90	90	committee shall:
91	91	(1) define the core public health services a local
92	92	health entity should provide in a county or municipality;
93	93	(2) evaluate public health in this state and identify
94	94	initiatives for areas that need improvement;
95	95	(3) identify all funding sources available for use by
96	96	local health entities to perform core public health functions;
97	97	(4) establish public health policy priorities for this
98	98	state; and
99	99	(5) at least annually, make formal recommendations to
100	100	the department regarding:
101	101	(A) the use and allocation of funds available
102	102	exclusively to local health entities to perform core public health
103	103	functions;
104	104	(B) ways to improve the overall public health of
105	105	citizens in this state;
106	106	(C) methods for transitioning from a contractual
107	107	relationship between the department and the local health entities
108	108	to a cooperative-agreement relationship between the department and
109	109	the local health entities; and
110	110	(D) methods for fostering a continuous
111	111	collaborative relationship between the department and the local
112	112	health entities.
113	113	(b) Recommendations made under Subsection (a)(5)(A) must be
114	114	in accordance with:
115	115	(1) prevailing epidemiological evidence, variations
116	116	in geographic and population needs, best practices, and
117	117	evidence-based interventions related to the populations to be
118	118	served;
119	119	(2) state and federal law; and
120	120	(3) federal funding requirements.
121	121	Sec. 117.102. PUBLIC TESTIMONY. (a) At least
122	122	semiannually, the committee shall:
123	123	(1) invite public health stakeholders, including
124	124	federal public health officials, county and municipal governments,
125	125	schools of public health at institutions of higher education, and
126	126	federally qualified health centers, to give oral or written
127	127	testimony to the committee; and
128	128	(2) provide opportunities for the general public to
129	129	give oral or written testimony to the committee.
130	130	(b) The committee shall consult with public health
131	131	stakeholders to carry out the general duties of the committee.
132	132	Sec. 117.103. ANNUAL REPORT. Beginning in 2012, not later
133	133	than November 30 of each year the committee shall file a report on
134	134	the implementation of this chapter with the governor, the
135	135	lieutenant governor, and the speaker of the house of
136	136	representatives.
137	137	Sec. 117.104. SUPPORT STAFF. Using existing personnel and
138	138	videoconferencing equipment, local health entities or their
139	139	designees may assist the committee in the performance of its duties
140	140	under this chapter.
141	141	Sec. 117.105. OPEN MEETINGS ACT. Except as provided by
142	142	Section 117.056, the committee is subject to Chapter 551,
143	143	Government Code.
144	144	[Sections 117.106-117.150 reserved for expansion]
145	145	SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT
146	146	Sec. 117.151. ANNUAL REPORT. (a) Beginning in 2012, not
147	147	later than November 30 of each year the department shall file an
148	148	annual report with the governor, the lieutenant governor, and the
149	149	speaker of the house of representatives detailing:
150	150	(1) the implementation of the committee's
151	151	recommendations described in Section 117.101(a)(5); and
152	152	(2) an explanation of the department's reasons for not
153	153	implementing a recommendation.
154	154	(b) A decision by the department not to implement a
155	155	recommendation of the committee must be based on:
156	156	(1) a lack of available funding;
157	157	(2) evidence that the recommendation is not in
158	158	accordance with prevailing epidemiological evidence, variations in
159	159	geographic and population needs, best practices, or evidence-based
160	160	interventions related to the populations to be served;
161	161	(3) evidence that implementing the recommendation
162	162	would violate state or federal law; or
163	163	(4) evidence that the recommendation would violate
164	164	federal funding requirements.
165	165	Sec. 117.152. COLLABORATIVE RELATIONSHIP WITH LOCAL HEALTH
166	166	ENTITIES. The department shall establish a continuous
167	167	collaborative relationship with local health departments.
168	168	Sec. 117.153. COOPERATIVE AGREEMENT PLAN. Not later than
169	169	June 30, 2012, the department shall develop a plan to transition
170	170	from contractual agreements with local health entities to
171	171	cooperative agreements with local health entities. The plan must
172	172	include a mechanism to ensure that the local health entities are
173	173	accountable to the department for the funds allocated. This
174	174	section expires June 30, 2013.
175	175	SECTION 2. Subchapter B, Chapter 1001, Health and Safety
176	176	Code, is amended by adding Section 1001.0305 to read as follows:
177	177	Sec. 1001.0305. LOCAL HEALTH ENTITY POLICY. In developing
178	178	policy related to funding local health entities as defined by
179	179	Section 117.001, the department shall consult with the Public
180	180	Health Funding and Policy Committee established under Chapter 117.
181	181	SECTION 3. (a) As soon as practicable after the effective
182	182	date of this Act but not later than October 1, 2011, the
183	183	commissioner of state health services shall appoint the members of
184	184	the Public Health Funding and Policy Committee established by
185	185	Section 117.051, Health and Safety Code, as added by this Act.
186	186	(b) Not later than the 30th day after the date all members
187	187	are appointed to the Public Health Funding and Policy Committee as
188	188	required by Subsection (a) of this section, the commissioner of
189	189	state health services shall call the first meeting of the
190	190	committee.
191	191	(c) At the first meeting of the initial members of the
192	192	Public Health Funding and Policy Committee, the members shall draw
193	193	lots to determine which three members will serve initial two-year
194	194	terms expiring February 1, 2013, which three members will serve
195	195	initial four-year terms expiring February 1, 2015, and which three
196	196	members will serve initial six-year terms expiring February 1,
197	197	2017.
198	198	SECTION 4. This Act takes effect September 1, 2011.