HBA-TYH S.B. 1291 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1291 By: Zaffirini State Affairs 5/13/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, tobacco use results in the death of more than 26,000 Texans every year. Texas will receive $17.3 billion over the next 25 years from the tobacco industry as compensation from a suit based on violation of antitrust, consumer protection, fraud, conspiracy, and racketeering laws. Longterm programs to prevent and reduce tobacco use in other states appear successful, and if similar tobacco use declines are achieved in Texas, we can expect to have 750,000 fewer adult smokers after four years. Implementation and continuation of such a program may prevent future premature death, disability, and economic costs to Texas. S.B. 1291 expands the scope of the Texas Department of Health's efforts to prevent tobacco use. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Health in SECTION 1 (Sections 161.311 and 161.314, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter O, Chapter 161, Health and Safety Code, as follows: SUBCHAPTER O. New title: PREVENTION OF TOBACCO USE Sec. 161.301. New title: DEFINITIONS. Defines "advisory committee" and "program." Sec. 161.302. New title: TEXAS TOBACCO CONTROL PROGRAM. Requires the Texas Department of Health (department) to implement a tobacco control program (program), and sets forth goals of the program. Requires the department to coordinate the program and provide necessary assistance to implement the program throughout the state. Requires the department to implement the program subject to the availability of appropriated money, and sets forth provisions regarding the appropriations. Sec. 161.303. PROGRAM COMPONENTS. Sets forth components required of the program. Sec. 161.304. AT-RISK POPULATIONS. Requires the program to include a component targeted to populations considered at risk for tobacco use and tobacco related illness. Requires the department to ensure that each other program component is coordinated with the component targeted at-risk populations and includes appropriate elements targeted to atrisk populations. Sec. 161.305. TOBACCO USE PUBLIC AWARENESS CAMPAIGN; MEDIA RESOURCE CENTER. Redesignated from existing Section 161.301. Requires the department, rather than the commissioner of public health (commissioner), to develop a campaign to reduce tobacco use. Requires the department to establish a media resource center to provide materials, training, and support for community programs throughout the state. Deletes a specification for the campaign to be targeted to minors. Sec. 161.306. CONTRACTS FOR IMPLEMENTATION. Redesignated from existing Section 161.301. Authorizes the department, rather than the commissioner, to contract for the enumerated services. Provides that a contract awarded under this subchapter must be awarded as provided by Section 161.311, rather than on the basis of competitive bids. Provides that any request for proposal used to solicit applicants for the contract must include specific requirements implementing Section 161.309. Limits a contract awarded to implement the public awareness campaign described by Section 161.305, rather than a contract awarded under this section to a business with a proven advertising and public relations campaign background. Prohibits the department from awarding a contract under this subchapter to the enumerated entities, which are not eligible to receive money or participate either directly or indirectly in a program operated under a contract awarded under this subchapter, rather than in the public awareness campaign. Sec. 161.307. GRANTS FOR COMMUNITIES. Requires the department to develop and implement a competitive grant program designed to reduce the use of tobacco products, and authorizes grant recipients to include local government units, community-based organizations, and schools to receive a grant. Requires the department to solicit grants by publication of a request for proposals. Provides that any request for proposals used during the competitive grant process must include specific requirements implementing Section 161.309. Sec. 161.308. New title: GRANTS. Redesignated from existing Section 161.302. Requires the department, rather than an entity administering Section 161.301, to implement a competitive grant program. Redefines "youth group" as a national, statewide, or community organization that has been in existence for at least five, rather than 10, years. Makes a conforming change. Sec. 161.309. OUTCOME-BASED FUNDING AND EVALUATION OF PROGRAM COMPONENTS; EVALUATION OF PROGRAM. Requires the department to fund and evaluate each program component based on effectiveness in accomplishing a result identified in Section 161.302. Sets forth evaluation requirements. Sec. 161.310. ADVISORY COMMITTEE. Sets forth the composition of the 13 members of the Tobacco Control Program Advisory Committee (advisory committee). Authorizes the department to use staff resources of the department to provide administrative and clerical support to assist the advisory committee in performing its duties. Authorizes the department to require each state agency with a representative serving on the advisory committee to share the cost of providing administrative and clerical support to the advisory committee. Exempts the advisory committee from being subject to Chapter 2110 (State Agency Advisory Committees), Government Code. Sec. 161.311. SYSTEM FOR AWARDING CONTRACT OR GRANT. Requires the Texas Board of Health (board), by rule, to adopt a system of awarding contracts and grants that includes competitive and noncompetitive procedures, as specified. Requires the department, under rules specified by the board, to award any contract or grant to the applicant that the department deems to have the best value for delivering the particular services. Requires the department, in determining the best value, to consider the specified requirements. Requires the department, in considering an applicant for a grant, to also consider the need of the services to be provided under the grant in the particular community in which the services are to be provided by the applicant. Provides that rules adopted under this section must state the department's procedures for selecting contractors and grant recipients, including the specified information. Sec. 161.312. DUTIES OF ADVISORY COMMITTEE. Sets forth duties of the advisory committee. Sec. 161.313. REPORT. Requires the department, in consultation with the advisory committee to submit a report to certain authorities by November 15 of each even-numbered year, and sets forth required information for the report. Sec. 161.314. RULES. Authorizes the board to adopt rules to implement this subchapter. SECTION 2. Provides that it is the intent of the legislature that the Texas Department of Health is required to use its existing staff resources to provided administrative and clerical support to the advisory committee. SECTION 3.Emergency clause. Effective date: upon passage. EXPLANATION OF AMENDMENTS Committee Amendment #1 amends S.B. 1291 bill in SECTION 1, in redesignated and amended Section 161.306(d)(2), Health and Safety Code, by removing a "related entity" of a personor entity who is required to register with the Texas Ethics Commission, from the list of persons and entities that the Texas Department of Health is prohibited from awarding a contract to.