Texas 2019 - 86th Regular

Texas Senate Bill SB1641 Compare Versions

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11 86R13822 SCL-D
22 By: Miles S.B. No. 1641
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44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the establishment of the Texas Rare Disease Advisory
88 Council.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
1111 amended by adding Chapter 101A to read as follows:
1212 CHAPTER 101A. TEXAS RARE DISEASE ADVISORY COUNCIL
1313 Sec. 101A.0001. DEFINITION. In this chapter, "advisory
1414 council" means the Texas Rare Disease Advisory Council established
1515 under this chapter.
1616 Sec. 101A.0002. ESTABLISHMENT. (a) The department shall
1717 establish the Texas Rare Disease Advisory Council to advise the
1818 legislature, governor, and state agencies and private entities that
1919 provide services or care to individuals with rare diseases.
2020 (b) The department shall designate a nonprofit organization
2121 operating in this state and with experience in the field of rare
2222 diseases to provide administrative support to the advisory council.
2323 Sec. 101A.0003. INITIAL MEMBERS AND REPORT. (a) The
2424 governor or the governor's designee shall appoint the initial chair
2525 and vice chair of the advisory council.
2626 (b) The chair and vice chair of the advisory council shall
2727 jointly appoint the other initial members of the advisory council.
2828 (c) On appointment of all initial advisory council members,
2929 the advisory council shall develop and submit to the governor and
3030 the legislature a written description of the intended mission of
3131 the advisory council, including a list of any state agencies and
3232 legislative committees that the advisory council intends to advise.
3333 Sec. 101A.0004. TERMS; VACANCY. (a) Advisory council
3434 members serve two-year terms.
3535 (b) If a vacancy occurs on the advisory council, a person
3636 shall be appointed to fill the vacancy for the unexpired term.
3737 Sec. 101A.0005. MEMBERSHIP PROCEDURES. After initial
3838 members are appointed under Section 101A.0003, the advisory council
3939 shall determine the procedures for appointing members to the
4040 advisory council provided that:
4141 (1) the advisory council membership may not exceed 20
4242 members;
4343 (2) members appointed under this section must be
4444 approved by a majority vote of the advisory council members;
4545 (3) the advisory council may not modify a member's term
4646 established under Section 101A.0004;
4747 (4) members serve on the advisory council until
4848 replaced; and
4949 (5) a majority of advisory council members constitute
5050 a quorum for purposes of conducting a meeting.
5151 Sec. 101A.0006. DUTIES. The advisory council shall:
5252 (1) advise the legislature, governor, and state
5353 agencies and private entities that provide services or care to
5454 individuals with rare diseases;
5555 (2) coordinate with community-based organizations and
5656 private entities in this state to ensure greater cooperation on
5757 research, diagnosis, and treatment of rare diseases by:
5858 (A) providing to the state agencies and private
5959 entities the outcomes of the advisory council's research, best
6060 practices, and policy recommendations; and
6161 (B) using common research collection and
6262 publication procedures;
6363 (3) study and determine the most appropriate methods
6464 for collecting information on rare diseases in this state and other
6565 information the advisory council determines necessary and
6666 appropriate to collect;
6767 (4) study and identify priorities relating to the
6868 quality, cost-effectiveness, and access to treatment and services
6969 provided to individuals with rare diseases and develop related
7070 policy recommendations;
7171 (5) identify best practices for rare disease care
7272 implemented by other state and federal agencies that may improve
7373 rare disease care in this state;
7474 (6) develop effective strategies to increase public
7575 awareness of rare diseases in this state;
7676 (7) ensure that the duties of the advisory council are
7777 performed in a manner compatible with similar research conducted by
7878 state and federal agencies; and
7979 (8) develop a list of existing, publicly accessible
8080 resources on research, diagnosis, treatment, and education
8181 relating to rare diseases, in collaboration with medical schools,
8282 public health schools, and hospitals in this state.
8383 Sec. 101A.0007. REPORT. (a) The advisory council shall
8484 prepare and submit a biennial report on the advisory council's
8585 activities, findings, and recommendations to the governor,
8686 department, and the standing committees of the senate and house of
8787 representatives with primary jurisdiction over rare diseases.
8888 (b) Not later than the 90th day after the date the report
8989 described by Subsection (a) is received, the governor and
9090 department shall provide a written response to the advisory council
9191 on the governor's or department's efforts to improve state policies
9292 on the identification, treatment, and care of individuals with rare
9393 diseases.
9494 (c) Not later than the 120th day after the date the report
9595 described by Subsection (a) is received, the appropriate
9696 legislative committees shall convene a hearing on the
9797 identification of rare diseases and the treatment and care provided
9898 to individuals with rare diseases.
9999 Sec. 101A.0008. FUNDING. The advisory council may solicit
100100 and accept gifts, grants, and donations to establish and operate
101101 the advisory council.
102102 Sec. 101A.0009. EXPIRATION; DONATION OF UNEXPENDED MONEY.
103103 (a) This chapter expires and the advisory council is abolished
104104 December 1, 2028.
105105 (b) On abolishment, the advisory council shall donate any
106106 unexpended money to an organization for improving the treatment and
107107 care of individuals with rare diseases, including conducting
108108 research on specific rare diseases.
109109 SECTION 2. Not later than December 1, 2019, the governor
110110 shall appoint the Texas Rare Disease Advisory Council members as
111111 required by Chapter 101A, Health and Safety Code, as added by this
112112 Act.
113113 SECTION 3. This Act takes effect immediately if it receives
114114 a vote of two-thirds of all the members elected to each house, as
115115 provided by Section 39, Article III, Texas Constitution. If this
116116 Act does not receive the vote necessary for immediate effect, this
117117 Act takes effect September 1, 2019.