1 | 1 | | 89R13770 MPF-D |
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2 | 2 | | By: Simmons H.B. No. 3554 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to establishment of the Texas Rare Disease Advisory |
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10 | 10 | | Council. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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13 | 13 | | amended by adding Chapter 101A to read as follows: |
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14 | 14 | | CHAPTER 101A. TEXAS RARE DISEASE ADVISORY COUNCIL |
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15 | 15 | | Sec. 101A.001. DEFINITIONS. In this chapter: |
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16 | 16 | | (1) "Advisory council" means the Texas Rare Disease |
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17 | 17 | | Advisory Council established under this chapter. |
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18 | 18 | | (2) "Rare disease" means a disease, disorder, or |
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19 | 19 | | condition that affects fewer than 200,000 individuals in the United |
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20 | 20 | | States. |
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21 | 21 | | Sec. 101A.002. ESTABLISHMENT. (a) The Texas Rare Disease |
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22 | 22 | | Advisory Council is established to advise the governor, state |
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23 | 23 | | agencies, and private entities that provide health care services or |
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24 | 24 | | other treatment to individuals diagnosed with rare diseases in this |
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25 | 25 | | state on strategies for improving health outcomes for those |
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26 | 26 | | individuals. |
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27 | 27 | | (b) The department shall provide to the advisory council |
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28 | 28 | | resources, personnel, and other administrative support as |
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29 | 29 | | necessary for the council to carry out its duties under this |
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30 | 30 | | chapter. |
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31 | 31 | | Sec. 101A.003. ADVISORY COUNCIL MEMBERS. (a) The advisory |
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32 | 32 | | council is composed of 23 members appointed as follows: |
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33 | 33 | | (1) 11 members appointed by the governor as follows: |
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34 | 34 | | (A) one representative of the department; |
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35 | 35 | | (B) one representative of the commission; |
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36 | 36 | | (C) one representative of the Texas Department of |
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37 | 37 | | Insurance; |
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38 | 38 | | (D) one representative of the Texas Education |
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39 | 39 | | Agency; |
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40 | 40 | | (E) one geneticist practicing in this state; |
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41 | 41 | | (F) one registered nurse or advanced practice |
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42 | 42 | | registered nurse licensed and practicing in this state with |
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43 | 43 | | experience in treating rare diseases; |
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44 | 44 | | (G) one hospital administrator of a hospital in |
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45 | 45 | | this state that provides care to individuals diagnosed with a rare |
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46 | 46 | | disease; |
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47 | 47 | | (H) one pharmacist licensed and practicing in |
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48 | 48 | | this state with experience dispensing prescription drugs used in |
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49 | 49 | | treating rare diseases; |
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50 | 50 | | (I) one representative of the biotechnology |
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51 | 51 | | industry; |
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52 | 52 | | (J) one representative of a health insurance |
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53 | 53 | | company; and |
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54 | 54 | | (K) one physician licensed and practicing in this |
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55 | 55 | | state with experience in treating rare diseases; |
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56 | 56 | | (2) six members appointed by the lieutenant governor |
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57 | 57 | | as follows: |
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58 | 58 | | (A) one representative of an academic research |
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59 | 59 | | institution in this state that receives grant funding for rare |
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60 | 60 | | disease research; |
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61 | 61 | | (B) one physician licensed and practicing in this |
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62 | 62 | | state with experience in treating rare diseases; |
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63 | 63 | | (C) one individual who is 18 years of age or older |
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64 | 64 | | and who is diagnosed with a rare disease; |
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65 | 65 | | (D) two individuals who are, or previously served |
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66 | 66 | | as, caregivers for an individual diagnosed with a rare disease; and |
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67 | 67 | | (E) one representative of an organization that |
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68 | 68 | | provides care or other support to individuals diagnosed with a rare |
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69 | 69 | | disease in this state; and |
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70 | 70 | | (3) six members appointed by the speaker of the house |
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71 | 71 | | of representatives as follows: |
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72 | 72 | | (A) one representative of an academic research |
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73 | 73 | | institution in this state that receives grant funding for rare |
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74 | 74 | | disease research; |
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75 | 75 | | (B) one physician licensed and practicing in this |
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76 | 76 | | state with experience in treating rare diseases; |
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77 | 77 | | (C) one individual who is 18 years of age or older |
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78 | 78 | | and who is diagnosed with a rare disease; |
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79 | 79 | | (D) two individuals who are, or previously served |
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80 | 80 | | as, caregivers for an individual diagnosed with a rare disease; and |
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81 | 81 | | (E) one representative of an organization that |
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82 | 82 | | provides care or other support to individuals diagnosed with a rare |
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83 | 83 | | disease in this state. |
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84 | 84 | | (b) Advisory council members serve staggered four-year |
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85 | 85 | | terms, with the terms of one-half of the members, or as near to |
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86 | 86 | | one-half as possible, expiring February 1 of each odd-numbered |
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87 | 87 | | year. |
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88 | 88 | | (c) A vacancy on the advisory council shall be filled for |
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89 | 89 | | the unexpired term in the same manner as the original appointment. |
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90 | 90 | | Sec. 101A.004. PRESIDING OFFICER; ASSISTANT PRESIDING |
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91 | 91 | | OFFICER. The governor shall annually select from among the |
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92 | 92 | | advisory council members a presiding officer and an assistant |
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93 | 93 | | presiding officer. |
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94 | 94 | | Sec. 101A.005. COUNCIL MEETINGS. (a) The advisory council |
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95 | 95 | | shall meet: |
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96 | 96 | | (1) at the call of the advisory council's presiding |
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97 | 97 | | officer; and |
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98 | 98 | | (2) on request by a majority of the advisory council |
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99 | 99 | | members. |
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100 | 100 | | (b) A majority of the voting members of the advisory council |
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101 | 101 | | constitutes a quorum. |
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102 | 102 | | (c) A meeting conducted under this section may be in person |
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103 | 103 | | or by video conference call, as determined by the advisory |
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104 | 104 | | council's presiding officer. |
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105 | 105 | | (d) The advisory council shall provide notice of upcoming |
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106 | 106 | | advisory council meetings on the department's Internet website. |
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107 | 107 | | Sec. 101A.006. DUTIES. (a) The advisory council shall: |
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108 | 108 | | (1) consult with experts on rare diseases and solicit |
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109 | 109 | | public comment to develop policy recommendations for improving the |
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110 | 110 | | treatment of rare diseases in this state; |
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111 | 111 | | (2) develop strategy recommendations for academic |
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112 | 112 | | research institutions of higher education in this state to |
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113 | 113 | | facilitate continued research on rare diseases; |
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114 | 114 | | (3) develop strategy recommendations for health care |
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115 | 115 | | providers to better recognize and diagnose rare diseases to improve |
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116 | 116 | | patient treatment; and |
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117 | 117 | | (4) make recommendations to the department and other |
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118 | 118 | | state agencies on matters affecting individuals diagnosed with a |
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119 | 119 | | rare disease, including emergency preparedness and response |
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120 | 120 | | resources for a pandemic or natural disaster. |
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121 | 121 | | (b) The advisory council shall provide the department with |
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122 | 122 | | the strategy recommendations developed under Subsection (a)(3) for |
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123 | 123 | | publication on the department's Internet website. |
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124 | 124 | | Sec. 101A.007. ANNUAL REPORT. (a) Not later than September |
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125 | 125 | | 1 of each year, the advisory council shall prepare and submit to the |
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126 | 126 | | governor and commissioner a report that includes: |
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127 | 127 | | (1) a summary of the advisory council's activities for |
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128 | 128 | | the preceding year; and |
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129 | 129 | | (2) recommendations for legislative or other action on |
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130 | 130 | | rare disease research and care. |
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131 | 131 | | (b) The advisory council shall publish the report prepared |
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132 | 132 | | and submitted under Subsection (a) on the department's Internet |
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133 | 133 | | website. |
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134 | 134 | | Sec. 101A.008. APPLICABILITY OF OTHER LAW. Section |
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135 | 135 | | 2110.008, Government Code, does not apply to the advisory council. |
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136 | 136 | | SECTION 2. Not later than December 1, 2025, the appropriate |
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137 | 137 | | appointing authority shall appoint the initial members to the Texas |
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138 | 138 | | Rare Disease Advisory Council as required by Section 101A.003(a), |
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139 | 139 | | Health and Safety Code, as added by this Act, with the initial |
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140 | 140 | | members' terms expiring as follows: |
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141 | 141 | | (1) the terms of five members appointed under Section |
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142 | 142 | | 101A.003(a)(1), of three members appointed under Section |
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143 | 143 | | 101A.003(a)(2), and of three members appointed under Section |
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144 | 144 | | 101A.003(a)(3) expiring February 1, 2029; and |
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145 | 145 | | (2) the terms of six members appointed under Section |
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146 | 146 | | 101A.003(a)(1), of three members appointed under Section |
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147 | 147 | | 101A.003(a)(2), and of three members appointed under Section |
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148 | 148 | | 101A.003(a)(3) expiring February 1, 2031. |
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149 | 149 | | SECTION 3. Notwithstanding Section 101A.005, Health and |
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150 | 150 | | Safety Code, as added by this Act, the Texas Rare Disease Advisory |
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151 | 151 | | Council shall conduct the council's first meeting not later than |
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152 | 152 | | January 1, 2026. |
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153 | 153 | | SECTION 4. Notwithstanding Section 101A.007, Health and |
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154 | 154 | | Safety Code, as added by this Act, the Texas Rare Disease Advisory |
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155 | 155 | | Council shall submit the first report required by that section not |
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156 | 156 | | later than September 1, 2026. |
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157 | 157 | | SECTION 5. This Act takes effect September 1, 2025. |
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