83R3888 AJZ-D
By: King of Taylor H.B. No. 1394
A BILL TO BE ENTITLED
AN ACT
relating to the sunset review of certain powers and duties
performed by the Department of State Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.003, Health and Safety Code, is
amended to read as follows:
Sec. 11.003. SUNSET PROVISION. (a) The Texas Board of
Health and the Texas Department of Health were abolished by Section
1.26, Chapter 198 (H.B. 2292), Acts of the 78th Legislature,
Regular Session, 2003, and the powers and duties of those entities
under this chapter were transferred to other agencies, which are
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
the agencies to which those powers and duties are transferred are
continued in existence as provided by that chapter, this chapter
expires September 1, 2015.
(b) In the review of the Department of State Health Services
by the Sunset Advisory Commission, as required by this section and
Section 1001.003, the sunset commission shall review the powers and
duties exercised by the department under Chapter 108 and determine
whether the department, under that chapter, is:
(1) achieving the legislature's intent of empowering
consumers with information to make informed health care decisions;
and
(2) maintaining appropriate privacy and security
standards for patient information.
(c) In the review under Subsection (b), the Sunset Advisory
Commission shall investigate whether the level of identifiable
patient information maintained by the Department of State Health
Services is necessary to achieve the statutory purpose of Chapter
108, including whether the department is required by that chapter
to collect and retain social security numbers, dates of birth, and
address information.
(d) The Sunset Advisory Commission shall report its
findings to the legislature not later than December 31, 2014. This
subsection and Subsections (b) and (c) expire September 1, 2015.
SECTION 2. Chapter 108, Health and Safety Code, is amended
by adding Section 108.016 to read as follows:
Sec. 108.016. SUNSET REVIEW. Unless continued in existence
in accordance with Chapter 325, Government Code (Texas Sunset Act),
after the review required by Section 11.003(b), this chapter
expires September 1, 2015.
SECTION 3. This Act takes effect immediately if it 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
Act takes effect September 1, 2013.