HBA-JRA, MPM H.B. 1444 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1444
By: Delisi
Public Health
7/26/1999
Enrolled



BACKGROUND AND PURPOSE 

At the request of the 75th Legislature, a study of the role of local
government in providing public health services was conducted by the Texas
Department of Health (TDH), the Lyndon Baines Johnson School of Public
Affairs of the University of Texas, the Blackland Research Center, and the
School of Rural Public Health of the Texas A&M University System.  Public
health services are defined as population-based services that are directed
to protecting the health of the general public. The study found that there
was a need to address public health issues at a local level. 

H.B. 1444 amends Chapter 121, Health and Safety Code, to define essential
public health services, and creates a program which provides program-based
grants, determined on a per capita basis, for essential public health
services.  Additionally, this bill creates a local public health consortium
consisting of health science facilities to work with local health
departments and TDH. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly granted to the Texas Board of Health in SECTION 2
(Section 121.0065, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 121.002, Health and Safety Code, as follows:

Sec. 121.002.  New title:  DEFINITIONS.  Changes title from "definition" to
"definitions." Defines "essential public health services."  Makes a
nonsubstantive change. 

SECTION 2.  Amends Subchapter A, Chapter 121, Health and Safety Code, by
adding Sections 121.0065, 121.0066, and 121.0067, as follows: 

Sec. 121.0065.  GRANTS FOR ESSENTIAL PUBLIC HEALTH SERVICES.  (a)  Requires
the Texas Department of Health (TDH), subject to the availability of funds,
to administer a program to appropriate money granted to counties,
municipalities, public health districts, and other political subdivisions
for use by those entities to provide or pay for essential public health
services (services). 

(b)  Requires TDH to distribute the grants equally between urban and rural
areas of the state. 

(c)  Authorizes the Texas Board of Health (board) to adopt rules governing
the allocation formula for grants awarded under this section, the manner in
which a municipality, county, public health district, or other political
subdivision applies for a grant, the procedures for awarding grants, and
the minimum services provided under the grant and other applicable service
standards. 

(d)  Requires a municipality, county, public health district, or other
political subdivision that receives a grant to develop in consultation with
TDH a plan to evaluate the effectiveness, accessibility, and quality of
services provided under the grant.  Provides that the plan must identify
intended outcomes resulting from the use of the grant money  and establish
a way to measure those outcomes.  Provides that the plan must also
establish performance standards for the delivery of the services and a
mechanism to measure compliance with those standards. 

(e)  Authorizes the governing body of the municipality, the commissioners
court of the county, or the members of a public health district to appoint
a local health board to monitor the use of money received under this
section. 
 
(f)  Authorizes a public health board established under Section 121.034
(Public Health Board) or Section 121.046 (Public Health Board), Health and
Safety Code, to serve as the local health board authorized under Subsection
(e). 

(g) Authorizes the governing body of a municipality or the commissioners
court of a county to serve as the local health board authorized under
Subsection (e).  Authorizes the governing board of the municipality or the
commissioners court of the county to appoint an advisory committee to
advise either body with respect to the use of the money granted under this
section, if either body elects to serve as the local health board. 

(h)  Makes Chapter 783 (Uniform Grant and Contract Management), Government
Code, and standards adopted under it control, if applicable to a grant made
under this section. 

Sec. 121.0066.  ESSENTIAL PUBLIC HEALTH SERVICES PROVIDED BY DEPARTMENT.
Requires TDH, subject to the availability of funds, to provide services for
a population for which a municipality, county, public health district, or
other political subdivision is not receiving a grant to provide those
services under Section 121.0065, Health and Safety Code.  Requires TDH to
develop a plan that complies with Section 121.0065(c) to evaluate the
effectiveness, accessibility, and quality of services provided under this
section. 

Sec. 121.0067.  EVALUATION AND REPORT OF DELIVERY OF ESSENTIAL PUBLIC
HEALTH SERVICES.  Requires TDH, in cooperation with municipalities,
counties, public health districts, and other political subdivisions
receiving grants, as well as the consortium established under Subchapter F,
to evaluate the effectiveness, accessibility, and quality of services
provided under the grant program established by Sections 121.0065 and
121.0066, Health and Safety Code, and the adequacy of funding for those
services.  Requires TDH to file a report detailing the results of this
evaluation with the governor and the presiding officer of each house of the
legislature.  Authorizes the report to include recommendations relating to
legislation to improve the effectiveness, accessibility, and quality of the
services and the appropriate funding for those services. 

SECTION 3.  Amends Section 121.007(c), Health and Safety Code, to require a
regional director of a public health region to perform the duties of a
health authority in a jurisdiction in a region where there is no health
authority, rather than to do so at the authorization of the board or its
designee. Makes conforming and nonsubstantive changes. 

SECTION 4.  Amends Section 121.028, Health and Safety Code, as follows:

Sec. 121.028.  APPOINTMENT OF HEALTH AUTHORITY. Requires a governing body
or commissioners court that is receiving a grant to appoint a physician as
health authority. Authorizes an individual appointed as health authority to
serve for one or more other jurisdictions under an interlocal contract made
in accordance with Chapter 791 (Interlocal Cooperation Contracts),
Government Code. 

SECTION 5. Amends Section 121.032, Health and Safety Code, as follows:

Sec. 121.032.  POWERS AND DUTIES.  Deletes Subsection (b) regarding
provisions required of a local health department.  Makes a conforming
change. 

SECTION 6.  Amends Chapter 121, Health and Safety Code, by adding
Subchapter F, as follows: 
 
SUBCHAPTER F.  PUBLIC HEALTH CONSORTIUM

Sec. 121.101.  DEFINITION.  Defines "consortium" for purposes of this
subchapter. 

Sec. 121.102.  CONSORTIUM ESTABLISHED.  Requires TDH, subject to
availability of funds, to establish a public health consortium composed of
certain health science facilities. 

Sec. 121.103.  GENERAL DUTIES.  Sets forth the required duties of the
consortium in consultation with TDH and local health units, local health
departments, and public health districts, subject to the availability of
funds. 

SECTION 7.  Amends Chapter 437, Health and Safety Code, by adding Section
437.0075, as follows: 

Sec. 437.0075.  FOOD MANAGERS IN CERTAIN POPULOUS COUNTIES.  Authorizes a
county with a population of at least 2.8 million to require a trained food
manager to be on duty during the operating hours of a food establishment.
Prohibits the training required of food managers from being more extensive
than that specified under Subchapter D, Chapter 438.  Prohibits a food
establishment that handles only prepackaged food and does not prepare or
package food from being required to have a certified food manager under
this section. 

SECTION 8.  Repealer:  Sections 121.007(d) and (e) (Public Health Regions),
Health and Safety Code.  These repealed subsections authorize a regional
director to serve as health authority for a city, county, or public health
district in the absence or incapacity of the jurisdiction's appointed
health authority at the request of the governing body of a municipality,
the commissioners court of a county, the members of a public health
district, or other entity appointed as health authority.  Deletes text
requiring the board to adopt procedural rules for requesting and concurring
in the service by a regional director as appointed health authority, and
further deletes text requiring these rules to adopt procedures to prevent
duplication of authority by the appointed health authority and regional
director. 

SECTION 9.  Emergency clause.
  Effective date: upon passage.