1 | 1 | | 86R13822 SCL-D |
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2 | 2 | | By: Miles S.B. No. 1641 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the establishment of the Texas Rare Disease Advisory |
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8 | 8 | | Council. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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11 | 11 | | amended by adding Chapter 101A to read as follows: |
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12 | 12 | | CHAPTER 101A. TEXAS RARE DISEASE ADVISORY COUNCIL |
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13 | 13 | | Sec. 101A.0001. DEFINITION. In this chapter, "advisory |
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14 | 14 | | council" means the Texas Rare Disease Advisory Council established |
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15 | 15 | | under this chapter. |
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16 | 16 | | Sec. 101A.0002. ESTABLISHMENT. (a) The department shall |
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17 | 17 | | establish the Texas Rare Disease Advisory Council to advise the |
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18 | 18 | | legislature, governor, and state agencies and private entities that |
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19 | 19 | | provide services or care to individuals with rare diseases. |
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20 | 20 | | (b) The department shall designate a nonprofit organization |
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21 | 21 | | operating in this state and with experience in the field of rare |
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22 | 22 | | diseases to provide administrative support to the advisory council. |
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23 | 23 | | Sec. 101A.0003. INITIAL MEMBERS AND REPORT. (a) The |
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24 | 24 | | governor or the governor's designee shall appoint the initial chair |
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25 | 25 | | and vice chair of the advisory council. |
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26 | 26 | | (b) The chair and vice chair of the advisory council shall |
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27 | 27 | | jointly appoint the other initial members of the advisory council. |
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28 | 28 | | (c) On appointment of all initial advisory council members, |
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29 | 29 | | the advisory council shall develop and submit to the governor and |
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30 | 30 | | the legislature a written description of the intended mission of |
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31 | 31 | | the advisory council, including a list of any state agencies and |
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32 | 32 | | legislative committees that the advisory council intends to advise. |
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33 | 33 | | Sec. 101A.0004. TERMS; VACANCY. (a) Advisory council |
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34 | 34 | | members serve two-year terms. |
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35 | 35 | | (b) If a vacancy occurs on the advisory council, a person |
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36 | 36 | | shall be appointed to fill the vacancy for the unexpired term. |
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37 | 37 | | Sec. 101A.0005. MEMBERSHIP PROCEDURES. After initial |
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38 | 38 | | members are appointed under Section 101A.0003, the advisory council |
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39 | 39 | | shall determine the procedures for appointing members to the |
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40 | 40 | | advisory council provided that: |
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41 | 41 | | (1) the advisory council membership may not exceed 20 |
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42 | 42 | | members; |
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43 | 43 | | (2) members appointed under this section must be |
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44 | 44 | | approved by a majority vote of the advisory council members; |
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45 | 45 | | (3) the advisory council may not modify a member's term |
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46 | 46 | | established under Section 101A.0004; |
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47 | 47 | | (4) members serve on the advisory council until |
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48 | 48 | | replaced; and |
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49 | 49 | | (5) a majority of advisory council members constitute |
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50 | 50 | | a quorum for purposes of conducting a meeting. |
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51 | 51 | | Sec. 101A.0006. DUTIES. The advisory council shall: |
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52 | 52 | | (1) advise the legislature, governor, and state |
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53 | 53 | | agencies and private entities that provide services or care to |
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54 | 54 | | individuals with rare diseases; |
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55 | 55 | | (2) coordinate with community-based organizations and |
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56 | 56 | | private entities in this state to ensure greater cooperation on |
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57 | 57 | | research, diagnosis, and treatment of rare diseases by: |
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58 | 58 | | (A) providing to the state agencies and private |
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59 | 59 | | entities the outcomes of the advisory council's research, best |
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60 | 60 | | practices, and policy recommendations; and |
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61 | 61 | | (B) using common research collection and |
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62 | 62 | | publication procedures; |
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63 | 63 | | (3) study and determine the most appropriate methods |
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64 | 64 | | for collecting information on rare diseases in this state and other |
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65 | 65 | | information the advisory council determines necessary and |
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66 | 66 | | appropriate to collect; |
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67 | 67 | | (4) study and identify priorities relating to the |
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68 | 68 | | quality, cost-effectiveness, and access to treatment and services |
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69 | 69 | | provided to individuals with rare diseases and develop related |
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70 | 70 | | policy recommendations; |
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71 | 71 | | (5) identify best practices for rare disease care |
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72 | 72 | | implemented by other state and federal agencies that may improve |
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73 | 73 | | rare disease care in this state; |
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74 | 74 | | (6) develop effective strategies to increase public |
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75 | 75 | | awareness of rare diseases in this state; |
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76 | 76 | | (7) ensure that the duties of the advisory council are |
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77 | 77 | | performed in a manner compatible with similar research conducted by |
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78 | 78 | | state and federal agencies; and |
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79 | 79 | | (8) develop a list of existing, publicly accessible |
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80 | 80 | | resources on research, diagnosis, treatment, and education |
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81 | 81 | | relating to rare diseases, in collaboration with medical schools, |
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82 | 82 | | public health schools, and hospitals in this state. |
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83 | 83 | | Sec. 101A.0007. REPORT. (a) The advisory council shall |
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84 | 84 | | prepare and submit a biennial report on the advisory council's |
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85 | 85 | | activities, findings, and recommendations to the governor, |
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86 | 86 | | department, and the standing committees of the senate and house of |
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87 | 87 | | representatives with primary jurisdiction over rare diseases. |
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88 | 88 | | (b) Not later than the 90th day after the date the report |
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89 | 89 | | described by Subsection (a) is received, the governor and |
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90 | 90 | | department shall provide a written response to the advisory council |
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91 | 91 | | on the governor's or department's efforts to improve state policies |
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92 | 92 | | on the identification, treatment, and care of individuals with rare |
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93 | 93 | | diseases. |
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94 | 94 | | (c) Not later than the 120th day after the date the report |
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95 | 95 | | described by Subsection (a) is received, the appropriate |
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96 | 96 | | legislative committees shall convene a hearing on the |
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97 | 97 | | identification of rare diseases and the treatment and care provided |
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98 | 98 | | to individuals with rare diseases. |
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99 | 99 | | Sec. 101A.0008. FUNDING. The advisory council may solicit |
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100 | 100 | | and accept gifts, grants, and donations to establish and operate |
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101 | 101 | | the advisory council. |
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102 | 102 | | Sec. 101A.0009. EXPIRATION; DONATION OF UNEXPENDED MONEY. |
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103 | 103 | | (a) This chapter expires and the advisory council is abolished |
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104 | 104 | | December 1, 2028. |
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105 | 105 | | (b) On abolishment, the advisory council shall donate any |
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106 | 106 | | unexpended money to an organization for improving the treatment and |
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107 | 107 | | care of individuals with rare diseases, including conducting |
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108 | 108 | | research on specific rare diseases. |
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109 | 109 | | SECTION 2. Not later than December 1, 2019, the governor |
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110 | 110 | | shall appoint the Texas Rare Disease Advisory Council members as |
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111 | 111 | | required by Chapter 101A, Health and Safety Code, as added by this |
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112 | 112 | | Act. |
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113 | 113 | | SECTION 3. This Act takes effect immediately if it receives |
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114 | 114 | | a vote of two-thirds of all the members elected to each house, as |
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115 | 115 | | provided by Section 39, Article III, Texas Constitution. If this |
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116 | 116 | | Act does not receive the vote necessary for immediate effect, this |
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117 | 117 | | Act takes effect September 1, 2019. |
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