Texas 2013 - 83rd Regular

Texas House Bill HB1493 Compare Versions

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1	1	By: King of Zavala (Senate Sponsor - Hegar) H.B. No. 1493
2	2	(In the Senate - Received from the House April 4, 2013;
3	3	April 9, 2013, read first time and referred to Committee on
4	4	Agriculture, Rural Affairs, and Homeland Security; May 2, 2013,
5	5	reported favorably by the following vote: Yeas 5, Nays 0;
6	6	May 2, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the transfer of programs from the Texas Department of
12	12	Rural Affairs to the Department of Agriculture.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 61.0899, Education Code, is amended to
15	15	read as follows:
16	16	Sec. 61.0899. ASSISTANCE IN CERTAIN RURAL HEALTH CARE LOAN
17	17	REIMBURSEMENT AND STIPEND PROGRAMS. The board shall, in
18	18	cooperation with the [Texas] Department of Agriculture [Rural
19	19	Affairs and the department's advisory panel established under
20	20	Section 487.552, Government Code], ensure that the board seeks to
21	21	obtain the maximum amount of funds from any source, including
22	22	federal funds, to support programs to provide student loan
23	23	reimbursement or stipends for graduates of degree programs in this
24	24	state who practice or agree to practice in a medically underserved
25	25	community.
26	26	SECTION 2. Section 487.001(3), Government Code, is amended
27	27	to read as follows:
28	28	(3) "Department" means the Department of Agriculture
29	29	[office].
30	30	SECTION 3. Section 487.026, Government Code, is amended to
31	31	read as follows:
32	32	Sec. 487.026. DIRECTOR. [(a)] The director serves as the
33	33	chief executive officer of the office and performs the
34	34	administrative duties of the office.
35	35	[(b) The director may hire staff within guidelines
36	36	established by the commissioner.]
37	37	SECTION 4. Section 487.051(a), Government Code, is amended
38	38	to read as follows:
39	39	(a) The office shall:
40	40	(1) assist rural communities in the key areas of
41	41	economic development, community development, rural health, and
42	42	rural housing;
43	43	(2) serve as a clearinghouse for information and
44	44	resources on all state and federal programs affecting rural
45	45	communities;
46	46	(3) in consultation with rural community leaders,
47	47	locally elected officials, state elected and appointed officials,
48	48	academic and industry experts, and the interagency work group
49	49	created under this chapter, identify and prioritize policy issues
50	50	and concerns affecting rural communities in the state;
51	51	(4) make recommendations to the legislature to address
52	52	the concerns affecting rural communities identified under
53	53	Subdivision (3);
54	54	(5) monitor developments that have a substantial
55	55	effect on rural Texas communities, especially actions of state
56	56	government[, and compile an annual report describing and evaluating
57	57	the condition of rural communities];
58	58	(6) administer the federal community development
59	59	block grant nonentitlement program;
60	60	(7) administer programs supporting rural health care
61	61	as provided by this chapter;
62	62	(8) perform research to determine the most beneficial
63	63	and cost-effective ways to improve the welfare of rural
64	64	communities;
65	65	(9) ensure that the office qualifies as the state's
66	66	office of rural health for the purpose of receiving grants from the
67	67	Office of Rural Health Policy of the United States Department of
68	68	Health and Human Services under 42 U.S.C. Section 254r;
69	69	(10) manage the state's Medicare rural hospital
70	70	flexibility program under 42 U.S.C. Section 1395i-4;
71	71	(11) seek state and federal money available for
72	72	economic development in rural areas for programs under this
73	73	chapter;
74	74	(12) in conjunction with other offices and divisions
75	75	of the department [Department of Agriculture], regularly
76	76	cross-train office employees with other employees of the department
77	77	[Department of Agriculture] regarding the programs administered
78	78	and services provided to rural communities; and
79	79	(13) work with interested persons to assist volunteer
80	80	fire departments and emergency services districts in rural areas.
81	81	SECTION 5. Section 487.052, Government Code, is amended to
82	82	read as follows:
83	83	Sec. 487.052. RULES. The department [board] may adopt
84	84	rules as necessary to implement this chapter.
85	85	SECTION 6. Section 487.060(b), Government Code, is amended
86	86	to read as follows:
87	87	(b) To assist the secretary of state in preparing the report
88	88	required under Section 405.021, the department on an annual [a
89	89	quarterly] basis shall provide a report to the secretary of state
90	90	detailing any projects funded by the department that serve colonias
91	91	by providing water or wastewater services, paved roads, or other
92	92	assistance.
93	93	SECTION 7. Section 487.061, Government Code, is amended to
94	94	read as follows:
95	95	Sec. 487.061. EMERGENCY SERVICES DISTRICT PROGRAM. (a)
96	96	The department shall serve as a resource [establish a program] to
97	97	provide interested rural communities with:
98	98	(1) general information about emergency services
99	99	districts; and
100	100	(2) information and training related to the
101	101	establishment of an emergency services district[; and
102	102	[(3) technical assistance related to the
103	103	implementation of an emergency services district].
104	104	(b) The department [program] may:
105	105	(1) [assist fire departments in rural areas with the
106	106	recruitment and retention of volunteer firefighters;
107	107	[(2)] provide to fire departments in rural areas
108	108	information relating to assistance programs offered to rural
109	109	volunteer firefighters, including the federal Staffing for
110	110	Adequate Fire and Emergency Response grant program to help fire
111	111	departments increase staffing and deployment capabilities; and
112	112	(2) [(3)] provide to rural homeowners information
113	113	relating to the benefits of volunteer fire departments, including a
114	114	reduction in homeowners insurance risk ratings, lower homeowners
115	115	insurance rates, and better fire protection.
116	116	SECTION 8. Sections 487.103(a), (b), and (c), Government
117	117	Code, are amended to read as follows:
118	118	(a) The selection committee shall advise the department
119	119	[board] on the progress of the program.
120	120	(b) The selection committee is composed of 12 members
121	121	appointed by the commissioner [board].
122	122	(c) The commissioner [board] shall consider geographical
123	123	representation in making appointments to the selection committee.
124	124	SECTION 9. Sections 487.104(b) and (d), Government Code,
125	125	are amended to read as follows:
126	126	(b) The selection committee shall make selections based on
127	127	criteria approved by the department [board] and adopted as a rule of
128	128	the department.
129	129	(d) The selection committee shall recommend to the
130	130	department [board] guidelines to be used by rural communities in
131	131	the selection of students for nomination and sponsorship as
132	132	outstanding rural scholars.
133	133	SECTION 10. Section 487.107, Government Code, is amended to
134	134	read as follows:
135	135	Sec. 487.107. AWARDING OF LOANS. (a) The selection
136	136	committee shall recommend to the department [board] guidelines for
137	137	the awarding of forgivable loans to outstanding rural scholars.
138	138	(b) The department [board], acting on the advice of the
139	139	selection committee, shall award forgivable loans to outstanding
140	140	rural scholars based on the availability of money in the fund.
141	141	(c) If in any year the fund is inadequate to provide loans to
142	142	all eligible applicants, the department [board] shall award
143	143	forgivable loans on a priority basis according to the applicants'
144	144	academic performance, test scores, and other criteria of
145	145	eligibility.
146	146	SECTION 11. Section 487.108(a), Government Code, is amended
147	147	to read as follows:
148	148	(a) On confirmation of an outstanding rural scholar's
149	149	admission to a postsecondary educational institution, or on receipt
150	150	of an enrollment report of the scholar at a postsecondary
151	151	educational institution, and a certification of the amount of
152	152	financial support needed, the selection committee annually shall
153	153	recommend to the department [board] that the department [board]
154	154	award a forgivable loan to the scholar in the amount of 50 percent
155	155	of the cost of the scholar's tuition, fees, educational materials,
156	156	and living expenses.
157	157	SECTION 12. Sections 487.109(b), (c), and (d), Government
158	158	Code, are amended to read as follows:
159	159	(b) The sponsoring community shall report to the department
160	160	[board] the length of time the scholar practices as a health care
161	161	professional in the community.
162	162	(c) If the department [board] finds that a sponsoring
163	163	community is not in need of the scholar's services and that the
164	164	community is willing to forgive repayment of the principal balance
165	165	and interest of the scholar's loan, the department [board] by rule
166	166	may provide for the principal balance and interest of one year of
167	167	the scholar's loan to be forgiven for each year the scholar
168	168	practices in another rural community in this state.
169	169	(d) Any amount of loan principal or interest that is not
170	170	forgiven under this section shall be repaid to the department with
171	171	reasonable collection fees in a timely manner as provided by
172	172	department [board] rule.
173	173	SECTION 13. Section 487.112, Government Code, is amended to
174	174	read as follows:
175	175	Sec. 487.112. ADOPTION AND DISTRIBUTION OF RULES. (a) The
176	176	department [board] shall adopt reasonable rules to enforce the
177	177	requirements, conditions, and limitations under this subchapter.
178	178	(b) The department [board] shall set the rate of interest
179	179	charged on a forgivable loan under this subchapter.
180	180	(c) The department [board] shall adopt rules necessary to
181	181	ensure compliance with the federal Civil Rights Act of 1964 (42
182	182	U.S.C. Section 2000a et seq.) concerning nondiscrimination in
183	183	admissions.
184	184	SECTION 14. Section 487.152(a), Government Code, is amended
185	185	to read as follows:
186	186	(a) Subject to available funding, the [The] department
187	187	shall administer or contract for the administration of the program.
188	188	SECTION 15. Section 487.154, Government Code, is amended to
189	189	read as follows:
190	190	Sec. 487.154. LOANS. (a) The department [board] may award
191	191	forgivable educational loans to eligible students under this
192	192	subchapter.
193	193	(b) The department [board] may award forgivable loans to
194	194	eligible students based on the availability of money in the fund.
195	195	(c) If in any year the fund is inadequate to provide loans to
196	196	all eligible students, the department [board] may award forgivable
197	197	loans on a priority basis according to the students' academic
198	198	performance, test scores, and other criteria of eligibility.
199	199	SECTION 16. Section 487.155(a), Government Code, is amended
200	200	to read as follows:
201	201	(a) To be eligible to receive a loan under this subchapter,
202	202	a student must:
203	203	(1) be sponsored by an eligible community;
204	204	(2) at the time of the application for the loan, be
205	205	enrolled in high school or enrolled or accepted for enrollment in a
206	206	postsecondary educational institution in this state;
207	207	(3) meet academic requirements as established by the
208	208	department [board];
209	209	(4) plan to complete a health care professional degree
210	210	or certificate program;
211	211	(5) plan to practice as a health care professional in a
212	212	qualified area of the state; and
213	213	(6) meet other requirements as established by the
214	214	department [board].
215	215	SECTION 17. Section 487.156(c), Government Code, is amended
216	216	to read as follows:
217	217	(c) The department [board] shall determine the percentage
218	218	of educational expenses communities are required to provide under
219	219	this section.
220	220	SECTION 18. Section 487.157(a), Government Code, is amended
221	221	to read as follows:
222	222	(a) On confirmation of an eligible student's admission to a
223	223	postsecondary educational institution, or on receipt of an
224	224	enrollment report of the student at a postsecondary educational
225	225	institution, and certification of the amount of financial support
226	226	needed, the department [board] may award a forgivable loan to the
227	227	student in the amount of not more than the cost of the student's
228	228	tuition, fees, educational materials, and living expenses.
229	229	SECTION 19. Section 487.158(b), Government Code, is amended
230	230	to read as follows:
231	231	(b) The contract must provide that if the student does not
232	232	provide the required services to the community or provides those
233	233	services for less than the required time, the student is personally
234	234	liable to the state for:
235	235	(1) the total amount of assistance the student
236	236	receives from the department and the sponsoring community;
237	237	(2) interest on the total amount at a rate set by the
238	238	department [board]; and
239	239	(3) the state's reasonable expenses incurred in
240	240	obtaining payment, including reasonable attorney's fees.
241	241	SECTION 20. Section 487.159(b), Government Code, is amended
242	242	to read as follows:
243	243	(b) If the department [board] finds that a sponsoring
244	244	community is not in need of the student's services and that the
245	245	community is willing to forgive repayment of the principal balance
246	246	and interest of the student's loan, the department [board] by rule
247	247	may provide for the principal balance and interest of the student's
248	248	loan to be forgiven if the student provides services in another
249	249	qualified area in this state.
250	250	SECTION 21. Sections 487.161(b) and (c), Government Code,
251	251	are amended to read as follows:
252	252	(b) The sponsoring community shall report to the office
253	253	[board] the length of time the student provides health care
254	254	services in the community in accordance with the guidelines
255	255	established by the department [board].
256	256	(c) A postsecondary educational institution shall provide
257	257	to the office [board] a copy of the academic transcript of each
258	258	student for whom the institution has received a release that
259	259	complies with state and federal open records laws and that
260	260	authorizes the provision of the transcript.
261	261	SECTION 22. Section 487.163, Government Code, is amended to
262	262	read as follows:
263	263	Sec. 487.163. ADOPTION OF RULES. (a) The department
264	264	[board] shall adopt reasonable rules to enforce the requirements,
265	265	conditions, and limitations of this subchapter.
266	266	(b) The department [board] shall set the rate of interest
267	267	charged on a forgivable loan under this subchapter.
268	268	(c) The department [board] shall adopt rules necessary to
269	269	ensure compliance with the federal Civil Rights Act of 1964 (42
270	270	U.S.C. Section 2000a et seq.) concerning nondiscrimination in
271	271	admissions.
272	272	SECTION 23. Sections 487.202(a), (d), and (e), Government
273	273	Code, are amended to read as follows:
274	274	(a) The department [board] shall establish and administer a
275	275	program under this subchapter to increase the number of physicians
276	276	providing primary care in medically underserved communities.
277	277	(d) The department may not pay more than $25,000 to a
278	278	community in a fiscal year unless the office [board] makes a
279	279	specific finding of need by the community.
280	280	(e) The office [board] shall establish priorities so that
281	281	the neediest communities eligible for assistance under this
282	282	subchapter are assured the receipt of a grant.
283	283	SECTION 24. Sections 487.203 and 487.204, Government Code,
284	284	are amended to read as follows:
285	285	Sec. 487.203. ELIGIBILITY. To be eligible to receive money
286	286	from the department, a medically underserved community must:
287	287	(1) apply for the money; and
288	288	(2) provide evidence satisfactory to the office
289	289	[board] that it has entered into an agreement with a physician for
290	290	the physician to provide primary care in the community for at least
291	291	two years.
292	292	Sec. 487.204. RULES. The department [board] shall adopt
293	293	rules necessary for the administration of this subchapter,
294	294	including rules addressing:
295	295	(1) eligibility criteria for a medically underserved
296	296	community;
297	297	(2) eligibility criteria for a physician;
298	298	(3) minimum and maximum community contributions to the
299	299	start-up money for a physician to be matched with state money;
300	300	(4) conditions under which state money must be repaid
301	301	by a community or physician;
302	302	(5) procedures for disbursement of money by the
303	303	department;
304	304	(6) the form and manner in which a community must make
305	305	its contribution to the start-up money; and
306	306	(7) the contents of an agreement to be entered into by
307	307	the parties, which must include at least:
308	308	(A) a credit check for an eligible physician; and
309	309	(B) community retention of interest in any
310	310	property, equipment, or durable goods for seven years.
311	311	SECTION 25. Section 487.252, Government Code, is amended to
312	312	read as follows:
313	313	Sec. 487.252. TEXAS HEALTH SERVICE CORPS PROGRAM. (a)
314	314	Subject to available funding, the department [The board] shall
315	315	establish a program [in the department] to assist communities in
316	316	recruiting and retaining physicians to practice in medically
317	317	underserved areas.
318	318	(b) The department [board] by rule shall establish:
319	319	(1) eligibility criteria for applicants;
320	320	(2) stipend application procedures;
321	321	(3) guidelines relating to stipend amounts;
322	322	(4) procedures for evaluating stipend applications;
323	323	and
324	324	(5) a system of priorities relating to the:
325	325	(A) geographic areas covered;
326	326	(B) medical specialties eligible to receive
327	327	funding under the program; and
328	328	(C) level of stipend support.
329	329	SECTION 26. Section 487.253(a), Government Code, is amended
330	330	to read as follows:
331	331	(a) The department [board] shall adopt rules necessary to
332	332	administer this subchapter, and the department shall administer the
333	333	program in accordance with those rules.
334	334	SECTION 27. Section 487.351(c), Government Code, is amended
335	335	to read as follows:
336	336	(c) The department shall give priority to eligible
337	337	activities in the areas of economic development, community
338	338	development, and rural health[, and rural housing] to support
339	339	workforce development in awarding funding for community
340	340	development block grant programs.
341	341	SECTION 28. Section 487.401, Government Code, is amended to
342	342	read as follows:
343	343	Sec. 487.401. ADMINISTRATION. (a) The department [board]
344	344	shall adopt rules that establish a procedure for designating a
345	345	hospital as a rural hospital in order for the hospital to qualify
346	346	for federal funds under 42 C.F.R. Part 412.
347	347	(b) At the hospital's request, the department shall
348	348	designate the hospital as a rural hospital if the hospital meets the
349	349	requirements for a rural hospital under the department's [board's]
350	350	rules.
351	351	SECTION 29. Sections 487.451(1) and (3), Government Code,
352	352	are amended to read as follows:
353	353	(1) "Health care professional" means:
354	354	(A) an advanced nurse practitioner;
355	355	(B) a dentist;
356	356	(C) a dental hygienist;
357	357	(D) a laboratory technician;
358	358	(E) a licensed vocational nurse;
359	359	(F) a licensed professional counselor;
360	360	(G) a medical radiological technologist;
361	361	(H) an occupational therapist;
362	362	(I) a pharmacist;
363	363	(J) a physical therapist;
364	364	(K) a physician;
365	365	(L) a physician assistant;
366	366	(M) a psychologist;
367	367	(N) a registered nurse;
368	368	(O) a social worker;
369	369	(P) a speech-language pathologist;
370	370	(Q) a veterinarian;
371	371	(R) a chiropractor; and
372	372	(S) another appropriate health care professional
373	373	identified by the department [board].
374	374	(3) "Underserved urban area" means an urban area of
375	375	this state with a medically underserved population, as determined
376	376	in accordance with criteria adopted by the department [board] by
377	377	rule, considering relevant demographic, geographic, and
378	378	environmental factors.
379	379	SECTION 30. Section 487.452(a), Government Code, is amended
380	380	to read as follows:
381	381	(a) Subject to available funding, the department [The
382	382	board], in collaboration with Area Health Education Center
383	383	Programs, shall establish a community healthcare awareness and
384	384	mentoring program for students to:
385	385	(1) identify high school students in rural and
386	386	underserved urban areas who are interested in serving those areas
387	387	as health care professionals;
388	388	(2) identify health care professionals in rural and
389	389	underserved urban areas to act as positive role models, mentors, or
390	390	reference resources for the interested high school students;
391	391	(3) introduce interested high school students to the
392	392	spectrum of professional health care careers through activities
393	393	such as health care camps and shadowing of health care
394	394	professionals;
395	395	(4) encourage a continued interest in service as
396	396	health care professionals in rural and underserved urban areas by
397	397	providing mentors and community resources for students
398	398	participating in training or educational programs to become health
399	399	care professionals; and
400	400	(5) provide continuing community-based support for
401	401	students during the period the students are attending training or
402	402	educational programs to become health care professionals,
403	403	including summer job opportunities and opportunities to mentor high
404	404	school students in the community.
405	405	SECTION 31. Section 487.454, Government Code, is amended to
406	406	read as follows:
407	407	Sec. 487.454. GRANTS; ELIGIBILITY. (a) Subject to
408	408	available funding, the department [funds, the board] shall develop
409	409	and implement, as a component of the program, a grant program to
410	410	support employment opportunities in rural and underserved urban
411	411	areas in this state for students participating in training or
412	412	educational programs to become health care professionals.
413	413	(b) In awarding grants under the program, the department
414	414	[board] shall give first priority to grants to training or
415	415	educational programs that provide internships to students.
416	416	(c) To be eligible to receive a grant under the grant
417	417	program, a person must:
418	418	(1) apply for the grant on a form adopted by the
419	419	department [board];
420	420	(2) be enrolled or intend to be enrolled in a training
421	421	or educational program to become a health care professional;
422	422	(3) commit to practice or work, after licensure as a
423	423	health care professional, for at least one year as a health care
424	424	professional in a rural or underserved urban area in this state; and
425	425	(4) comply fully with any practice or requirements
426	426	associated with any scholarship, loan, or other similar benefit
427	427	received by the student.
428	428	(d) As a condition of receiving a grant under the program
429	429	the student must agree to repay the amount of the grant, plus a
430	430	penalty in an amount established by rule of the department [board]
431	431	not to exceed two times the amount of the grant, if the student
432	432	becomes licensed as a health care professional and fails to
433	433	practice or work for at least one year as a health care professional
434	434	in a rural or underserved urban area in this state.
435	435	SECTION 32. Section 487.503(a), Government Code, is amended
436	436	to read as follows:
437	437	(a) Subject to available funding, the [The] department
438	438	shall establish a process in consultation with the Texas Higher
439	439	Education Coordinating Board for selecting Texas medical schools to
440	440	recruit students from rural communities and encourage them to
441	441	return to rural communities to practice medicine.
442	442	SECTION 33. Section 487.553, Government Code, is amended to
443	443	read as follows:
444	444	Sec. 487.553. LOAN REIMBURSEMENT PROGRAM. Subject to
445	445	available funding, the department [The board] shall establish a
446	446	program [in the department] to assist communities in recruiting
447	447	health professionals to practice in medically underserved
448	448	communities by providing loan reimbursement for health
449	449	professionals who serve in those communities.
450	450	SECTION 34. Sections 487.554(a) and (b), Government Code,
451	451	are amended to read as follows:
452	452	(a) Subject to available funding, the department [The
453	453	board] shall establish a program [in the department] to assist
454	454	communities in recruiting health professionals to practice in
455	455	medically underserved communities by providing a stipend to health
456	456	professionals who agree to serve in those communities.
457	457	(b) A stipend awarded under this section may [shall] be paid
458	458	in periodic installments.
459	459	SECTION 35. Section 487.555(e), Government Code, is amended
460	460	to read as follows:
461	461	(e) A contract under this section must provide that a health
462	462	professional who does not provide the required services to the
463	463	community or provides those services for less than the required
464	464	time is personally liable to the state for:
465	465	(1) the total amount of assistance the health
466	466	professional received from the department and the medically
467	467	underserved community;
468	468	(2) interest on the amount under Subdivision (1) at a
469	469	rate set by the department [board];
470	470	(3) the state's reasonable expenses incurred in
471	471	obtaining payment, including reasonable attorney's fees; and
472	472	(4) a penalty as established by the department [board]
473	473	by rule to help ensure compliance with the contract.
474	474	SECTION 36. Section 487.556, Government Code, is amended to
475	475	read as follows:
476	476	Sec. 487.556. POWERS AND DUTIES OF DEPARTMENT. (a) The
477	477	department [board] shall adopt rules necessary for the
478	478	administration of this subchapter, including guidelines for:
479	479	(1) developing contracts under which loan
480	480	reimbursement or stipend recipients provide services to qualifying
481	481	communities;
482	482	(2) identifying the duties of the state, state agency,
483	483	loan reimbursement or stipend recipient, and medically underserved
484	484	community under the loan reimbursement or stipend contract;
485	485	(3) determining a rate of interest to be charged under
486	486	Section 487.555(e)(2);
487	487	(4) ensuring that a loan reimbursement or stipend
488	488	recipient provides access to health services to participants in
489	489	government-funded health benefits programs in qualifying
490	490	communities;
491	491	(5) encouraging the use of telecommunications or
492	492	telemedicine, as appropriate;
493	493	(6) prioritizing the provision of loan reimbursements
494	494	and stipends to health professionals who are not eligible for any
495	495	other state loan forgiveness, loan repayment, or stipend program;
496	496	(7) prioritizing the provision of loan reimbursements
497	497	and stipends to health professionals who are graduates of health
498	498	professional degree programs in this state;
499	499	(8) encouraging a medically underserved community
500	500	served by a loan reimbursement or stipend recipient to contribute
501	501	to the cost of the loan reimbursement or stipend when making a
502	502	contribution is feasible; and
503	503	(9) requiring a medically underserved community
504	504	served by a loan reimbursement or stipend recipient to assist the
505	505	department in contracting with the loan reimbursement or stipend
506	506	recipient who will serve that community.
507	507	(b) The department [board] by rule may designate areas of
508	508	the state as medically underserved communities.
509	509	(c) The department [board] shall make reasonable efforts to
510	510	contract with health professionals from a variety of different
511	511	health professions.
512	512	SECTION 37. Section 487.602, Government Code, is amended to
513	513	read as follows:
514	514	Sec. 487.602. RURAL PHYSICIAN RELIEF PROGRAM. Subject to
515	515	available funding, the [The] department shall create a program to
516	516	provide affordable relief services to rural physicians practicing
517	517	in the fields of general family medicine, general internal
518	518	medicine, and general pediatrics to facilitate the ability of those
519	519	physicians to take time away from their practice.
520	520	SECTION 38. Section 487.652(a), Government Code, is amended
521	521	to read as follows:
522	522	(a) Subject to available funding, the [The] community
523	523	telecommunications alliance program shall:
524	524	(1) assist local communities in the creation and
525	525	development of community telecommunications alliances, including
526	526	alliances established to pursue rural economic development or
527	527	innovative rural school health technology projects, by providing
528	528	advice and assistance in assessing local uses of and local demands
529	529	or needs for local telecommunications and information services of
530	530	private sector providers; and
531	531	(2) assist community telecommunications alliances in
532	532	applying for grant funding for projects, including:
533	533	(A) assisting alliances in securing matching
534	534	private sector funding for projects; and
535	535	(B) requiring alliances to develop sustainable
536	536	plans:
537	537	(i) that demonstrate how the alliance will
538	538	continue to obtain private sector services once the grant funding
539	539	terminates;
540	540	(ii) that do not directly compete with
541	541	local businesses, telecommunications providers, or information
542	542	services providers; and
543	543	(iii) that prohibit a network created with
544	544	assistance from the alliance or other public funding from being
545	545	sold to a direct competitor of a private sector provider.
546	546	SECTION 39. Section 487.701(a), Government Code, is amended
547	547	to read as follows:
548	548	(a) The department shall establish the Texas Rural
549	549	Foundation as a nonprofit corporation that complies with Chapter
550	550	22, Business Organizations Code [the Texas Non-Profit Corporation
551	551	Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes)],
552	552	except as otherwise provided by this chapter, and qualifies as an
553	553	organization exempt from federal income tax under Section
554	554	501(c)(3), Internal Revenue Code of 1986, as amended.
555	555	SECTION 40. Section 487.703(a), Government Code, is amended
556	556	to read as follows:
557	557	(a) The Texas Rural Foundation is governed by a board of an
558	558	odd number of at least nine and not more than 15 directors appointed
559	559	by the commissioner [board of the department].
560	560	SECTION 41. Section 487.705(c), Government Code, is amended
561	561	to read as follows:
562	562	(c) If the [executive] director of the department has
563	563	knowledge that a potential ground for removal exists, the
564	564	[executive] director shall notify the presiding officer of the
565	565	board of directors of the Texas Rural Foundation of the potential
566	566	ground. The presiding officer shall then notify the governor and
567	567	the attorney general that a potential ground for removal
568	568	exists. If the potential ground for removal involves the presiding
569	569	officer, the [executive] director of the department shall notify
570	570	the next highest ranking officer of the board of directors, who
571	571	shall then notify the governor and the attorney general that a
572	572	potential ground for removal exists.
573	573	SECTION 42. Section 487.710, Government Code, is amended to
574	574	read as follows:
575	575	Sec. 487.710. MEMORANDUM OF UNDERSTANDING. The Texas Rural
576	576	Foundation and the department shall enter into a memorandum of
577	577	understanding that:
578	578	(1) requires the board of directors and staff of the
579	579	foundation to report to the [executive] director of the department
580	580	and the commissioner [board of the department];
581	581	(2) allows the department to provide staff functions
582	582	to the foundation;
583	583	(3) allows the department to expend funds on the
584	584	foundation; and
585	585	(4) outlines the financial contributions to be made to
586	586	the foundation from funds obtained from grants and other sources.
587	587	SECTION 43. Section 487.752(b), Government Code, is amended
588	588	to read as follows:
589	589	(b) The department [executive committee] by rule shall
590	590	establish:
591	591	(1) eligibility criteria for grant applicants;
592	592	(2) grant application procedures;
593	593	(3) guidelines relating to grant amounts;
594	594	(4) procedures for evaluating grant applications; and
595	595	(5) procedures for monitoring the use of grants
596	596	awarded under the program and for ensuring compliance with the
597	597	conditions of a grant.
598	598	SECTION 44. The following provisions of the Government Code
599	599	are repealed:
600	600	(1) Section 487.001(1);
601	601	(2) Section 487.027;
602	602	(3) Section 487.030;
603	603	(4) Section 487.031;
604	604	(5) Section 487.032;
605	605	(6) Section 487.053;
606	606	(7) Section 487.054;
607	607	(8) Section 487.0541;
608	608	(9) Section 487.056;
609	609	(10) Section 487.057;
610	610	(11) Section 487.059;
611	611	(12) Section 487.552;
612	612	(13) Section 487.608; and
613	613	(14) Section 487.653.
614	614	SECTION 45. On the effective date of this Act, the following
615	615	are abolished:
616	616	(1) the interagency work group under Section 487.0541,
617	617	Government Code;
618	618	(2) the advisory panel under Section 487.552,
619	619	Government Code; and
620	620	(3) the rural physician relief advisory committee
621	621	under Section 487.608, Government Code.
622	622	SECTION 46. This Act takes effect September 1, 2013.
623	623	* * * * *