Texas 2021 - 87th Regular

Texas Senate Bill SB970 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 970
	1	+	By: Kolkhorst S.B. No. 970
	2	+	(Shaheen)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the repeal of certain provisions related to health and
6	8		human services.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. (a) Section 38.064, Education Code, is
9	11		repealed.
10	12		(b) The following provisions of the Health and Safety Code
11	13		are repealed:
12	14		(1) Chapter 39;
13	15		(2) Sections 43.003(a)(3), (4), and (5);
14	16		(3) Sections 43.004(a), (b), (c), and (f);
15	17		(4) Section 43.006;
16	18		(5) Section 43.007;
17	19		(6) Section 43.008;
18	20		(7) Section 43.009;
19	21		(8) Section 43.010;
20	22		(9) Section 43.011;
21	23		(10) Section 43.012;
22	24		(11) Section 43.013;
23	25		(12) Section 43.014;
24	26		(13) Section 81.307;
25		-	(14) Section 92.010;
26		-	(15) Section 94.004;
27		-	(16) Subchapter B, Chapter 95;
28		-	(17) Chapter 97;
29		-	(18) Section 104.0156;
30		-	(19) Section 105.007;
31		-	(20) Section 146.0021;
32		-	(21) Section 146.022;
33		-	(22) Section 146.023;
34		-	(23) Section 146.024;
35		-	(24) Section 146.025;
36		-	(25) Section 161.353;
37		-	(26) Section 168.010;
38		-	(27) Section 431.408;
39		-	(28) Subchapter O, Chapter 431; and
40		-	(29) Section 673.004.
	27	+	(14) Section 92.003;
	28	+	(15) Section 92.010;
	29	+	(16) Section 94.004;
	30	+	(17) Subchapter B, Chapter 95;
	31	+	(18) Chapter 97;
	32	+	(19) Section 104.0156;
	33	+	(20) Section 105.007;
	34	+	(21) Section 146.0021;
	35	+	(22) Section 146.022;
	36	+	(23) Section 146.023;
	37	+	(24) Section 146.024;
	38	+	(25) Section 146.025;
	39	+	(26) Section 161.353;
	40	+	(27) Section 168.010;
	41	+	(28) Section 431.408;
	42	+	(29) Subchapter O, Chapter 431; and
	43	+	(30) Section 673.004.
41	44		(c) Chapter 131, Human Resources Code, is repealed.
42	45		SECTION 2. Section 43.003(a)(2), Health and Safety Code, is
43	46		amended to read as follows:
44	47		(2) "Oral health services" means[:
45	48		[(A) preventive or treatment services affecting
46	49		the structures of the mouth, including the hard and soft tissues
47	50		such as teeth, jaws, gums, vestibule, tongue, cheeks, lips, floor
48	51		and roof of the mouth, and adjacent masticatory structures; and
49	52		[(B)] oral health education and promotion
50	53		activities.
51	54		SECTION 3. Section 43.004(d), Health and Safety Code, is
52	55		amended to read as follows:
53	56		(d) The department may establish an oral health services
54	57		program that may consist of all or any combination of the following:
55	58		(1) [treatment services for eligible individuals,
56	59		including:
57	60		[(A) emergency care for relief of pain and
58	61		infection, including extractions and basic restorative services to
59	62		prevent premature loss of teeth;
60	63		[(B) periodontal therapy for the prevention and
61	64		treatment of periodontal disease;
62	65		[(C) endodontics to maintain aesthetics and
63	66		occlusion;
64	67		[(D) orthodontic care only in cases of severely
65	68		handicapping malocclusion; and
66	69		[(E) oral surgery and prosthetics in cases in
67	70		which health is impaired;
68	71		[(2)] a program of oral disease prevention, including:
69	72		(A) the fluoridation of community water
70	73		supplies;
71	74		(B) fluoride mouth rinse programs in schools; and
72	75		(C) the promotion and implementation of sealants
73	76		programs; [and
74	77		[(D) the development of appropriate means for
75	78		prevention of oral disease, including the continued use of
76	79		recognized methods of primary, secondary, and tertiary
77	80		prevention;]
78	81		(2) [(3)] oral health education and promotion,
79	82		including:
80	83		(A) public health education to promote the
81	84		prevention of oral disease through self-help methods, including the
82	85		initiation and expansion of preschool, school age, and adult
83	86		education programs;
84	87		(B) organized continuing health education
85	88		training programs for health care providers; and
86	89		(C) preventive health education information for
87	90		the public; and
88	91		(3) [(4)] facilitation of access to oral health
89	92		services, including:
90	93		(A) the improvement of the existing oral health
91	94		services delivery system for the provision of services to
92	95		low-income residents;
93	96		(B) outreach activities to inform the public of
94	97		the type and availability of oral health services to increase the
95	98		accessibility of oral health care for low-income residents; and
96	99		(C) assistance and cooperation in promoting
97	100		better distribution of dentists and other oral health professionals
98	101		throughout the state.
99	102		SECTION 4. Section 101.008, Health and Safety Code, is
100	103		amended to read as follows:
101	104		Sec. 101.008. DUTIES OF DEPARTMENT. The department shall:
102	105		(1) provide administrative assistance, services, and
103	106		materials to the council;
104	107		(2) accept, deposit, and disburse funds made available
105	108		to the council at the direction of the executive commissioner;
106	109		(3) accept gifts and grants on behalf of the council
107	110		from any public or private entity; and
108	111		(4) [maintain a population data base of persons with
109	112		Alzheimer's disease and related disorders in this state; and
110	113		[(5)] apply for and receive on behalf of the council
111	114		any appropriations, gifts, or other funds from the state or federal
112	115		government or any other public or private entity, subject to
113	116		limitations and conditions prescribed by legislative
114	117		appropriation.
115	118		SECTION 5. Section 146.005, Health and Safety Code, is
116	119		amended to read as follows:
117	120		Sec. 146.005. FEES. The executive commissioner by rule
118	121		shall set license [and registration fees] and license [and
119	122		registration] renewal fees in amounts necessary [for the
120	123		department] to administer this chapter.
121	124		SECTION 6. Section 146.021(c), Health and Safety Code, is
122	125		amended to read as follows:
123	126		(c) If the license [or registration] holder cannot be
124	127		located for a notice required under this section, the department
125	128		shall provide notice by posting a copy of the order on the front
126	129		door of the premises of the license holder [or the premises where
127	130		the registration holder is employed].
128	131		SECTION 7. Section 161.0074(c), Health and Safety Code, is
129	132		amended to read as follows:
130	133		(c) The report must:
131	134		(1) include the current immunization rates by
132	135		geographic region of the state, where available;
133	136		(2) focus on the geographic regions of the state with
134	137		immunization rates below the state average for preschool children;
135	138		(3) describe the approaches identified to increase
136	139		immunization rates in underserved areas and the estimated cost for
137	140		each;
138	141		(4) identify changes to department procedures needed
139	142		to increase immunization rates;
140	143		(5) identify the services provided under and
141	144		provisions of contracts entered into by the department to increase
142	145		immunization rates in underserved areas;
143	146		(6) identify performance measures used in contracts
144	147		described by Subdivision (5);
145	148		(7) include the number and type of exemptions used in
146	149		the past year;
147	150		(8) include the number of complaints received by the
148	151		department related to the department's failure to comply with
149	152		requests for exclusion of individuals from the registry;
150	153		(9) identify all reported incidents of discrimination
151	154		for requesting exclusion from the registry or for using an
152	155		exemption for a required immunization; and
153	156		(10) [include department recommendations about the
154	157		best way to use, and communicate with, local registries in the
155	158		state; and
156	159		[(11)] include ways to increase provider
157	160		participation in the registry.
158	161		SECTION 8. Section 161.352(a), Health and Safety Code, is
159	162		amended to read as follows:
160	163		(a) Each manufacturer shall file with the department an
161	164		annual report for each cigarette or tobacco product distributed in
162	165		this state, stating[:
163	166		[(1)] the identity of each ingredient in the cigarette
164	167		or tobacco product, listed in descending order according to weight,
165	168		measure, or numerical count, other than:
166	169		(1) [(A)] tobacco;
167	170		(2) [(B)] water; or
168	171		(3) [(C)] a reconstituted tobacco sheet made wholly
169	172		from tobacco[; and
170	173		[(2) a nicotine yield rating for the cigarette or
171	174		tobacco product established under Section 161.353].
172	175		SECTION 9. Sections 431.4031(a) and (b), Health and Safety
173	176		Code, are amended to read as follows:
174	177		(a) A wholesale distributor that distributes prescription
175	178		drugs that are medical gases or a wholesale distributor that is a
176	179		manufacturer or a third-party logistics provider on behalf of a
177	180		manufacturer is exempt from Sections 431.404(a)(5) and (6), (b),
178	181		and (c), 431.4045(2), 431.405, and 431.407[, and 431.408].
179	182		(b) A state agency or a political subdivision of this state
180	183		that distributes prescription drugs using federal or state funding
181	184		to nonprofit health care facilities or local mental health or
182	185		mental retardation authorities for distribution to a pharmacy,
183	186		practitioner, or patient is exempt from Sections 431.405(b),
184	187		431.407, [431.408,] 431.412, and 431.413.
185	188		SECTION 10. On the effective date of this Act:
186	189		(1) the following are abolished:
187	190		(A) the children's outreach heart program;
188	191		(B) the oral health improvement services
189	192		program;
190	193		(C) the arthritis control and prevention
191	194		program;
192	195		(D) the health care information technology
193	196		advisory committee;
194	197		(E) the diabetes intervention pilot program;
195	198		(F) the prescription drug donation pilot
196	199		program; and
197	200		(G) the Health and Human Services Office of
198	201		Community Transportation Services;
199	202		(2) any remaining obligations, rights, contracts,
200	203		records, real and personal property, funds, appropriations, and
201	204		money of the children's outreach heart program, the arthritis
202	205		control and prevention program, the oral health improvement
203	206		services program, the diabetes intervention pilot program, and the
204	207		prescription drug donation pilot program are transferred to the
205	208		Department of State Health Services;
206	209		(3) any remaining obligations, rights, contracts,
207	210		records, real and personal property, funds, appropriations, and
208	211		money of the health care information technology advisory committee
209	212		are transferred to the statewide health coordinating council under
210	213		Subchapter B, Chapter 104, Health and Safety Code; and
211	214		(4) any remaining obligations, rights, contracts,
212	215		records, real and personal property, funds, appropriations, and
213	216		money of the Health and Human Services Office of Community
214	217		Transportation Services are transferred to the Health and Human
215	218		Services Commission.
216	219		SECTION 11. This Act takes effect September 1, 2021.
217		-	______________________________ ______________________________
218		-	President of the Senate Speaker of the House
219		-	I hereby certify that S.B. No. 970 passed the Senate on
220		-	May 11, 2021, by the following vote: Yeas 30, Nays 0; and that the
221		-	Senate concurred in House amendment on May 30, 2021, by the
222		-	following vote: Yeas 31, Nays 0.
223		-	______________________________
224		-	Secretary of the Senate
225		-	I hereby certify that S.B. No. 970 passed the House, with
226		-	amendment, on May 26, 2021, by the following vote: Yeas 146,
227		-	Nays 1, two present not voting.
228		-	______________________________
229		-	Chief Clerk of the House
230		-	Approved:
231		-	______________________________
232		-	Date
233		-	______________________________
234		-	Governor