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


Office of House Bill AnalysisH.B. 1444
By: Delisi
Public Health
3/15/1999
Introduced



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 (department), 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 the department. 

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" and "physician."
Makes a nonsubstantive change. 

SECTION 2.  Amends Subchapter A, Chapter 121, Health and Safety Code, by
amending Section 121.006 and adding Sections 121.0065, 121.0066, and
121.0067, as follows: 

Sec. 121.006.  New title:  PUBLIC HEALTH SERVICES FEES.  Deletes "state
support" from title.  Makes conforming changes.  Redesignates Subsection
(c) to Section 121.0065, Subsection (f).  Deletes existing Subsection (d),
which defines "public health services." 

Sec. 121.0065.  POPULATION-BASED GRANTS FOR ESSENTIAL PUBLIC HEALTH
SERVICES.  (a)  Requires the Texas Department of Health (department) to
administer a program to appropriate funds granted to counties and
municipalities to provide or pay for essential public health services
(services). 

(b)  Requires the department to determine the amount of a grant made based
on the ratio of the population to be served under the grant to the total
number of individuals to be served under all grants and by the department
under proposed Section 121.0066. 

(c)  Authorizes the Texas Board of Health (board) to adopt rules governing
the manner in which a municipality or county 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 or county that receives a grant to develop in
consultation with  the department a plan to evaluate the effectiveness,
accessibility, and quality of the 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)  Provides that in order to qualify for a grant, the governing body of
the municipality or the commissioners court of the county must appoint or
serve as a local health board to monitor the use of the money received.
Authorizes a public health board established under Section 121.034 (Public
Health Board) or 121.046 (Public Health Board), Health and Safety Code, to
serve as the local health board.  Authorizes the governing body or
commissioners court to appoint an advisory board committee to provide
consultation regarding the use of the grant money, should either entity
elect to serve as the local health board. 

(f)  Provides that Chapter 783 (Uniform Grant and Contract Management),
Government Code, rather than the Uniform Grant and Contract Management Act
of 1981 (Article 4413 (32g), V.T.C.S.), and standards adopted under that
chapter control, if applicable, to a grant made under this section, rather
than if the local health unit, local health department, or public health
district receives state support for the provision of public health
services. Makes a conforming change. 

Sec. 121.0066.  ESSENTIAL PUBLIC HEALTH SERVICES PROVIDED BY DEPARTMENT.
Requires the department to provide services for a population for which a
municipality or county is not receiving a grant to provide those services
under Section 121.0065, Health and Safety Code.  Requires the department to
develop a plan that complies with Section 121.0065(d) to evaluate the
effectiveness, accessibility, and quality of services provided. 

Sec. 121.0067.  EVALUATION AND REPORT OF DELIVERY OF ESSENTIAL PUBLIC
HEALTH SERVICES.  Requires the department, in cooperation with
municipalities and counties receiving grants, 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 the
department 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.  (a)  Created from existing
text.  Requires, rather than authorizes, a governing body of a municipality
or the commissioners court of a county that has not established a local
health department or public health district and that is receiving a grant
under Section 121.0065 to appoint a physician as health authority to
administer state and local laws relating to public health in the respective
jurisdiction. 

(b)  Authorizes a governing body or commissioners court that is not
receiving a grant to appoint a physician as health authority. 

(c)  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 Subtitle F, Chapter 121, Health and Safety Code, by
adding Subchapter F, as follows: 

SUBCHAPTER F.  LOCAL PUBLIC HEALTH CONSORTIUM

Sec. 121.101.  DEFINITIONS.  Defines "consortium" as the local public
health consortium established under this subchapter and "health science
facility" as a list of specific state university science, medical, health,
and cancer centers. 

Sec. 121.102.  CONSORTIUM ESTABLISHED.  Requires the department to
establish a local public health consortium composed of health science
facilities. 

Sec. 121.103.  DUTIES OF CONSORTIUM.  Sets forth the required duties of the
consortium in consultation with the department and local health units,
local health departments, and public health districts. 

SECTION 7.  Defines "board" as the Texas Board of Health; "department" as
the Texas Department of Health; and "task force" as the public health task
force established under this section.  Requires the department to establish
a public health task force to make recommendations to the board with
respect to improving the competency and capacity of the health care
providers providing public health services in this state and sets forth the
composition of the task force.  Requires the task force to make
recommendations to the board no later than June 1, 2001 [sic], and the
board to submit a written report to the governor, lieutenant governor, and
speaker of the house of representatives concerning these recommendations no
later than December 1, 2000.  Requires the report to include a plan for
implementing the recommendations, if appropriate, and recommendations for
legislation that the board considers necessary to implement the
recommendations of the task force.  Requires the department to provide
administrative support and services to the task force.  Provides that this
section expires and the task force is abolished June 1, 2001. 

SECTION 8.  Repealer:  Sections 121.007(d) and (e) (Public Health Regions),
Health and Safety Code.  These subsections delete, respectively,  text
authorizing 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.