Texas 2021 - 87th Regular

Texas House Bill HB3562 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6253 KKR-D
2	2	By: Cortez H.B. No. 3562
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Texas Public Health Crisis and
8	8	Pandemic Council.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 110 to read as follows:
12	12	CHAPTER 110. TEXAS PUBLIC HEALTH CRISIS AND PANDEMIC COUNCIL
13	13	Sec. 110.001. DEFINITIONS. In this chapter:
14	14	(1) "Council" means the Texas Public Health Crisis and
15	15	Pandemic Council.
16	16	(2) "Nonprofit hospital organization" means a
17	17	hospital or hospital-based organization that is exempt from federal
18	18	income tax under Section 501(a) of the Internal Revenue Code of 1986
19	19	(26 U.S.C. Section 501(a)).
20	20	(3) "Personal protective equipment" means specialized
21	21	clothing or equipment worn for protection against communicable and
22	22	infectious diseases.
23	23	Sec. 110.002. ESTABLISHMENT; ADMINISTRATIVE SUPPORT. (a)
24	24	The Texas Public Health Crisis and Pandemic Council is an
25	25	interdisciplinary council of appointed physicians and scientists
26	26	that is established to collect data, conduct research, and advise
27	27	the governor and legislature on this state's response to the 2019
28	28	novel coronavirus disease (COVID-19) pandemic and any other public
29	29	health crisis, epidemic, or pandemic that directly impacts the
30	30	health of the residents of this state.
31	31	(b) The Texas Medical Board shall provide administrative
32	32	support to the council to assist the council with discharging the
33	33	council's duties under this chapter.
34	34	Sec. 110.003. COMPOSITION OF COUNCIL. (a) The council is
35	35	composed of at least 17 members as follows:
36	36	(1) members who represent each major health care
37	37	specialty field;
38	38	(2) at least three members who represent nonprofit
39	39	hospital organizations, including:
40	40	(A) one member who represents a large hospital;
41	41	(B) one member who represents a small hospital;
42	42	and
43	43	(C) one member who represents a hospital-based
44	44	physician practice; and
45	45	(3) the presiding officer of the Texas Medical Board.
46	46	(b) The governor shall appoint the council members
47	47	described by Subsections (a)(1) and (2) from a list of names
48	48	recommended by the Texas Medical Board.
49	49	Sec. 110.004. TERMS; VACANCY. (a) Council members serve
50	50	staggered four-year terms.
51	51	(b) A member may serve not more than three terms.
52	52	(c) If a vacancy occurs on the council, a person shall be
53	53	appointed to fill the vacancy for the unexpired term.
54	54	Sec. 110.005. PRESIDING OFFICER. The presiding officer of
55	55	the Texas Medical Board shall serve as the presiding officer of the
56	56	council.
57	57	Sec. 110.006. COMPENSATION AND REIMBURSEMENT. A member of
58	58	the council may not receive compensation for service on the council
59	59	but is entitled to reimbursement of the travel expenses incurred by
60	60	the member while conducting the business of the council, as
61	61	provided by the General Appropriations Act.
62	62	Sec. 110.007. MEETINGS; QUORUM. (a) The council shall meet
63	63	at least twice each calendar year.
64	64	(b) The presiding officer may call additional meetings of
65	65	the council as necessary during a public health crisis, epidemic,
66	66	or pandemic to:
67	67	(1) provide specific guidance and recommendations to
68	68	the governor and legislature on the health care needs of the
69	69	residents of this state during the crisis, epidemic, or pandemic
70	70	while ensuring the best interests for residents' health and the
71	71	needs of the businesses and economy of this state; and
72	72	(2) assess the crisis, epidemic, or pandemic and
73	73	prepare for future crises, epidemics, or pandemics by providing
74	74	guidance to the governor, legislature, health care systems,
75	75	businesses, and individuals concerning the best interests for
76	76	residents' health and needs of the businesses and economy of this
77	77	state.
78	78	(c) A majority of the council members constitutes a quorum
79	79	for transacting council business.
80	80	Sec. 110.008. DUTIES. (a) The council shall collect data,
81	81	conduct research, and study the impact of a public health crisis,
82	82	epidemic, or pandemic on the health of the residents of this state,
83	83	including:
84	84	(1) the impact of the virus or other contagion on the
85	85	health of infected individuals and the lasting health effects of
86	86	the virus or contagion on those individuals;
87	87	(2) the development of any treatments, therapies, or
88	88	immunities for the virus or contagion; and
89	89	(3) the development of vaccines against the virus or
90	90	contagion, including the efficacy of each vaccine.
91	91	(b) The council shall provide assistance in developing
92	92	guidelines for the delivery of health care during a public health
93	93	crisis, epidemic, or pandemic, including whether certain
94	94	examinations, procedures, surgeries, or treatments should be
95	95	suspended during the crisis, epidemic, or pandemic. The council may
96	96	provide specific medical and safety guidance for health care
97	97	providers and make recommendations related to that guidance to the
98	98	governor and legislature.
99	99	(c) During a public health crisis, epidemic, or pandemic,
100	100	the council shall:
101	101	(1) assist the governor in disseminating health care
102	102	policies and other relevant information to health care providers
103	103	and the public; and
104	104	(2) serve as a liaison between health care specialty
105	105	organizations in this state and the governor, legislature, and
106	106	relevant standing committees of the legislature.
107	107	(d) The council:
108	108	(1) shall provide guidance on the use of personal
109	109	protective equipment by health care providers, businesses, and
110	110	individuals that serves the best interests of the health and
111	111	well-being of residents of this state;
112	112	(2) shall monitor the state's need for personal
113	113	protective equipment in all settings; and
114	114	(3) may recommend the acquisition and storage of
115	115	additional personal protective equipment in this state during or in
116	116	preparation for a crisis, epidemic, or pandemic.
117	117	Sec. 110.009. APPLICATION OF OTHER LAW. The council is not
118	118	subject to Chapter 2110, Government Code.
119	119	SECTION 2. As soon as practicable after the effective date
120	120	of this Act, the governor shall appoint the Texas Public Health
121	121	Crisis and Pandemic Council members as required by Chapter 110,
122	122	Health and Safety Code, as added by this Act.
123	123	SECTION 3. This Act takes effect immediately if it receives
124	124	a vote of two-thirds of all the members elected to each house, as
125	125	provided by Section 39, Article III, Texas Constitution. If this
126	126	Act does not receive the vote necessary for immediate effect, this
127	127	Act takes effect September 1, 2021.