S.B. No. 970
AN ACT
relating to the repeal of certain provisions related to health and
human services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Section 38.064, Education Code, is
repealed.
(b) The following provisions of the Health and Safety Code
are repealed:
(1) Chapter 39;
(2) Sections 43.003(a)(3), (4), and (5);
(3) Sections 43.004(a), (b), (c), and (f);
(4) Section 43.006;
(5) Section 43.007;
(6) Section 43.008;
(7) Section 43.009;
(8) Section 43.010;
(9) Section 43.011;
(10) Section 43.012;
(11) Section 43.013;
(12) Section 43.014;
(13) Section 81.307;
(14) Section 92.010;
(15) Section 94.004;
(16) Subchapter B, Chapter 95;
(17) Chapter 97;
(18) Section 104.0156;
(19) Section 105.007;
(20) Section 146.0021;
(21) Section 146.022;
(22) Section 146.023;
(23) Section 146.024;
(24) Section 146.025;
(25) Section 161.353;
(26) Section 168.010;
(27) Section 431.408;
(28) Subchapter O, Chapter 431; and
(29) Section 673.004.
(c) Chapter 131, Human Resources Code, is repealed.
SECTION 2. Section 43.003(a)(2), Health and Safety Code, is
amended to read as follows:
(2) "Oral health services" means[:
[(A) preventive or treatment services affecting
the structures of the mouth, including the hard and soft tissues
such as teeth, jaws, gums, vestibule, tongue, cheeks, lips, floor
and roof of the mouth, and adjacent masticatory structures; and
[(B)] oral health education and promotion
activities.
SECTION 3. Section 43.004(d), Health and Safety Code, is
amended to read as follows:
(d) The department may establish an oral health services
program that may consist of all or any combination of the following:
(1) [treatment services for eligible individuals,
including:
[(A) emergency care for relief of pain and
infection, including extractions and basic restorative services to
prevent premature loss of teeth;
[(B) periodontal therapy for the prevention and
treatment of periodontal disease;
[(C) endodontics to maintain aesthetics and
occlusion;
[(D) orthodontic care only in cases of severely
handicapping malocclusion; and
[(E) oral surgery and prosthetics in cases in
which health is impaired;
[(2)] a program of oral disease prevention, including:
(A) the fluoridation of community water
supplies;
(B) fluoride mouth rinse programs in schools; and
(C) the promotion and implementation of sealants
programs; [and
[(D) the development of appropriate means for
prevention of oral disease, including the continued use of
recognized methods of primary, secondary, and tertiary
prevention;]
(2) [(3)] oral health education and promotion,
including:
(A) public health education to promote the
prevention of oral disease through self-help methods, including the
initiation and expansion of preschool, school age, and adult
education programs;
(B) organized continuing health education
training programs for health care providers; and
(C) preventive health education information for
the public; and
(3) [(4)] facilitation of access to oral health
services, including:
(A) the improvement of the existing oral health
services delivery system for the provision of services to
low-income residents;
(B) outreach activities to inform the public of
the type and availability of oral health services to increase the
accessibility of oral health care for low-income residents; and
(C) assistance and cooperation in promoting
better distribution of dentists and other oral health professionals
throughout the state.
SECTION 4. Section 101.008, Health and Safety Code, is
amended to read as follows:
Sec. 101.008. DUTIES OF DEPARTMENT. The department shall:
(1) provide administrative assistance, services, and
materials to the council;
(2) accept, deposit, and disburse funds made available
to the council at the direction of the executive commissioner;
(3) accept gifts and grants on behalf of the council
from any public or private entity; and
(4) [maintain a population data base of persons with
Alzheimer's disease and related disorders in this state; and
[(5)] apply for and receive on behalf of the council
any appropriations, gifts, or other funds from the state or federal
government or any other public or private entity, subject to
limitations and conditions prescribed by legislative
appropriation.
SECTION 5. Section 146.005, Health and Safety Code, is
amended to read as follows:
Sec. 146.005. FEES. The executive commissioner by rule
shall set license [and registration fees] and license [and
registration] renewal fees in amounts necessary [for the
department] to administer this chapter.
SECTION 6. Section 146.021(c), Health and Safety Code, is
amended to read as follows:
(c) If the license [or registration] holder cannot be
located for a notice required under this section, the department
shall provide notice by posting a copy of the order on the front
door of the premises of the license holder [or the premises where
the registration holder is employed].
SECTION 7. Section 161.0074(c), Health and Safety Code, is
amended to read as follows:
(c) The report must:
(1) include the current immunization rates by
geographic region of the state, where available;
(2) focus on the geographic regions of the state with
immunization rates below the state average for preschool children;
(3) describe the approaches identified to increase
immunization rates in underserved areas and the estimated cost for
each;
(4) identify changes to department procedures needed
to increase immunization rates;
(5) identify the services provided under and
provisions of contracts entered into by the department to increase
immunization rates in underserved areas;
(6) identify performance measures used in contracts
described by Subdivision (5);
(7) include the number and type of exemptions used in
the past year;
(8) include the number of complaints received by the
department related to the department's failure to comply with
requests for exclusion of individuals from the registry;
(9) identify all reported incidents of discrimination
for requesting exclusion from the registry or for using an
exemption for a required immunization; and
(10) [include department recommendations about the
best way to use, and communicate with, local registries in the
state; and
[(11)] include ways to increase provider
participation in the registry.
SECTION 8. Section 161.352(a), Health and Safety Code, is
amended to read as follows:
(a) Each manufacturer shall file with the department an
annual report for each cigarette or tobacco product distributed in
this state, stating[:
[(1)] the identity of each ingredient in the cigarette
or tobacco product, listed in descending order according to weight,
measure, or numerical count, other than:
(1) [(A)] tobacco;
(2) [(B)] water; or
(3) [(C)] a reconstituted tobacco sheet made wholly
from tobacco[; and
[(2) a nicotine yield rating for the cigarette or
tobacco product established under Section 161.353].
SECTION 9. Sections 431.4031(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A wholesale distributor that distributes prescription
drugs that are medical gases or a wholesale distributor that is a
manufacturer or a third-party logistics provider on behalf of a
manufacturer is exempt from Sections 431.404(a)(5) and (6), (b),
and (c), 431.4045(2), 431.405, and 431.407[, and 431.408].
(b) A state agency or a political subdivision of this state
that distributes prescription drugs using federal or state funding
to nonprofit health care facilities or local mental health or
mental retardation authorities for distribution to a pharmacy,
practitioner, or patient is exempt from Sections 431.405(b),
431.407, [431.408,] 431.412, and 431.413.
SECTION 10. On the effective date of this Act:
(1) the following are abolished:
(A) the children's outreach heart program;
(B) the oral health improvement services
program;
(C) the arthritis control and prevention
program;
(D) the health care information technology
advisory committee;
(E) the diabetes intervention pilot program;
(F) the prescription drug donation pilot
program; and
(G) the Health and Human Services Office of
Community Transportation Services;
(2) any remaining obligations, rights, contracts,
records, real and personal property, funds, appropriations, and
money of the children's outreach heart program, the arthritis
control and prevention program, the oral health improvement
services program, the diabetes intervention pilot program, and the
prescription drug donation pilot program are transferred to the
Department of State Health Services;
(3) any remaining obligations, rights, contracts,
records, real and personal property, funds, appropriations, and
money of the health care information technology advisory committee
are transferred to the statewide health coordinating council under
Subchapter B, Chapter 104, Health and Safety Code; and
(4) any remaining obligations, rights, contracts,
records, real and personal property, funds, appropriations, and
money of the Health and Human Services Office of Community
Transportation Services are transferred to the Health and Human
Services Commission.
SECTION 11. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 970 passed the Senate on
May 11, 2021, by the following vote: Yeas 30, Nays 0; and that the
Senate concurred in House amendment on May 30, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 970 passed the House, with
amendment, on May 26, 2021, by the following vote: Yeas 146,
Nays 1, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor