87R6253 KKR-D
By: Cortez H.B. No. 3562
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Public Health Crisis and
Pandemic Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 110 to read as follows:
CHAPTER 110. TEXAS PUBLIC HEALTH CRISIS AND PANDEMIC COUNCIL
Sec. 110.001. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Public Health Crisis and
Pandemic Council.
(2) "Nonprofit hospital organization" means a
hospital or hospital-based organization that is exempt from federal
income tax under Section 501(a) of the Internal Revenue Code of 1986
(26 U.S.C. Section 501(a)).
(3) "Personal protective equipment" means specialized
clothing or equipment worn for protection against communicable and
infectious diseases.
Sec. 110.002. ESTABLISHMENT; ADMINISTRATIVE SUPPORT. (a)
The Texas Public Health Crisis and Pandemic Council is an
interdisciplinary council of appointed physicians and scientists
that is established to collect data, conduct research, and advise
the governor and legislature on this state's response to the 2019
novel coronavirus disease (COVID-19) pandemic and any other public
health crisis, epidemic, or pandemic that directly impacts the
health of the residents of this state.
(b) The Texas Medical Board shall provide administrative
support to the council to assist the council with discharging the
council's duties under this chapter.
Sec. 110.003. COMPOSITION OF COUNCIL. (a) The council is
composed of at least 17 members as follows:
(1) members who represent each major health care
specialty field;
(2) at least three members who represent nonprofit
hospital organizations, including:
(A) one member who represents a large hospital;
(B) one member who represents a small hospital;
and
(C) one member who represents a hospital-based
physician practice; and
(3) the presiding officer of the Texas Medical Board.
(b) The governor shall appoint the council members
described by Subsections (a)(1) and (2) from a list of names
recommended by the Texas Medical Board.
Sec. 110.004. TERMS; VACANCY. (a) Council members serve
staggered four-year terms.
(b) A member may serve not more than three terms.
(c) If a vacancy occurs on the council, a person shall be
appointed to fill the vacancy for the unexpired term.
Sec. 110.005. PRESIDING OFFICER. The presiding officer of
the Texas Medical Board shall serve as the presiding officer of the
council.
Sec. 110.006. COMPENSATION AND REIMBURSEMENT. A member of
the council may not receive compensation for service on the council
but is entitled to reimbursement of the travel expenses incurred by
the member while conducting the business of the council, as
provided by the General Appropriations Act.
Sec. 110.007. MEETINGS; QUORUM. (a) The council shall meet
at least twice each calendar year.
(b) The presiding officer may call additional meetings of
the council as necessary during a public health crisis, epidemic,
or pandemic to:
(1) provide specific guidance and recommendations to
the governor and legislature on the health care needs of the
residents of this state during the crisis, epidemic, or pandemic
while ensuring the best interests for residents' health and the
needs of the businesses and economy of this state; and
(2) assess the crisis, epidemic, or pandemic and
prepare for future crises, epidemics, or pandemics by providing
guidance to the governor, legislature, health care systems,
businesses, and individuals concerning the best interests for
residents' health and needs of the businesses and economy of this
state.
(c) A majority of the council members constitutes a quorum
for transacting council business.
Sec. 110.008. DUTIES. (a) The council shall collect data,
conduct research, and study the impact of a public health crisis,
epidemic, or pandemic on the health of the residents of this state,
including:
(1) the impact of the virus or other contagion on the
health of infected individuals and the lasting health effects of
the virus or contagion on those individuals;
(2) the development of any treatments, therapies, or
immunities for the virus or contagion; and
(3) the development of vaccines against the virus or
contagion, including the efficacy of each vaccine.
(b) The council shall provide assistance in developing
guidelines for the delivery of health care during a public health
crisis, epidemic, or pandemic, including whether certain
examinations, procedures, surgeries, or treatments should be
suspended during the crisis, epidemic, or pandemic. The council may
provide specific medical and safety guidance for health care
providers and make recommendations related to that guidance to the
governor and legislature.
(c) During a public health crisis, epidemic, or pandemic,
the council shall:
(1) assist the governor in disseminating health care
policies and other relevant information to health care providers
and the public; and
(2) serve as a liaison between health care specialty
organizations in this state and the governor, legislature, and
relevant standing committees of the legislature.
(d) The council:
(1) shall provide guidance on the use of personal
protective equipment by health care providers, businesses, and
individuals that serves the best interests of the health and
well-being of residents of this state;
(2) shall monitor the state's need for personal
protective equipment in all settings; and
(3) may recommend the acquisition and storage of
additional personal protective equipment in this state during or in
preparation for a crisis, epidemic, or pandemic.
Sec. 110.009. APPLICATION OF OTHER LAW. The council is not
subject to Chapter 2110, Government Code.
SECTION 2. As soon as practicable after the effective date
of this Act, the governor shall appoint the Texas Public Health
Crisis and Pandemic Council members as required by Chapter 110,
Health and Safety Code, as added by this Act.
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, 2021.