HBA-NMO S.B. 354 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 354
By: Madla
Public Health
4/11/1999
Engrossed


BACKGROUND AND PURPOSE

Current law requires that the Center for Rural Health Initiatives (center)
be abolished on September 1, 1999, unless continued by the legislature. The
center is the primary state resource to assist government and rural
communities in planning, coordinating, and advocating for continued access
to health care services for three million rural Texans. The center also
provides loans and scholarships. The center's nine-member executive
committee is responsible for overseeing the annual budget of $1.5 million,
and the Texas Department of Health is responsible for providing
administrative services to the center.  S.B. 354 continues the center to
until September 1, 2011, with modifications. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 106.003, 106.021, and 106.024, Health and Safety
Code, as follows: 

Sec. 106.003. SUNSET PROVISION. Provides that unless continued in existence
as provided by the Texas Sunset Act, the Center for Rural Health
Initiatives (center) is abolished and this chapter expires September 1,
2011, rather than 1999. 

Sec. 106.021. EXECUTIVE COMMITTEE. Sets forth the composition of the
executive committee of the Center for Rural Health Initiatives. Adds
standard language developed by the Sunset Advisory Commission (standard
Sunset language) regarding appointments to the executive committee.
Requires the executive committee to hold a regular meeting at least
quarterly, and to hold a special meeting at the call of the presiding
officer or at the written request of three members of the executive
committee. Requires the executive committee to adopt rules for the conduct
of the meetings. Deletes text on elected and appointed members of the
executive committee. Makes conforming changes. 

Sec. 106.024. ADMINISTRATIVE AND STAFF SUPPORT. Requires the Texas
Department of Health (TDH) to enter into a formal agreement with the
executive committee to provide staff support. Makes conforming changes. 

SECTION 2. Amends Subchapter B, Chapter 106, Health and Safety Code, by
adding Sections 106.0211-106.0216, 106.0221, 106.0222, 106.027, and
106.028, as follows: 

Sec. 106.0211. CONFLICTS OF INTEREST. Defines "Texas trade association."
Adds standard Sunset language regarding conflicts of interest.  

Sec. 106.0212. TRAINING FOR MEMBERS OF THE EXECUTIVE COMMITTEE. Adds
standard Sunset language regarding training for members of the executive
committee.  

Sec. 106.0213. REMOVAL. Adds standard Sunset language removal of a member
from the executive committee.  

 Sec. 106.0214. PRESIDING OFFICER. Adds standard Sunset language regarding
the presiding officer of the executive committee.  

Sec. 106.0215. DIVISION OF RESPONSIBILITY. Requires the executive committee
to develop and implement policies that clearly separate the policymaking
responsibilities of the executive committee and the management
responsibilities of the executive director and staff of the center. 

Sec. 106.0216. PUBLIC HEARINGS. Adds standard Sunset language regarding
public hearings. 

Sec. 106.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. Adds standard
Sunset language regarding the equal employment opportunity policy
statement.  

Sec. 106.0222. STANDARDS OF CONDUCT. Adds standard Sunset language
regarding standards of conduct.   

Sec. 106.027. COMPLAINTS. Adds standard Sunset language regarding
complaints. 

Sec. 106.028. RURAL HEALTH WORK PLAN. Requires the center to develop,
implement, and update a rural health work plan. Requires the center to
submit the rural health work plan to the executive committee for approval.
Requires the executive committee to approve the rural health work plan, no
later than August 1 of each odd-numbered year. Requires the center to work
with health care providers, rural communities, universities, TDH, and all
other health and human service related state agencies to develop the rural
health work plan. Requires the center to solicit public comment on the
rural health work plan. Requires the rural health work plan to identify
certain provisions.  

SECTION 3. (a) Provides that the terms of all membership positions on the
executive committee of the center, as those positions exist on the
effective date of this Act, expire August 31, 1999. Provides that the
members whose terms expire on August 31, 1999, continue to hold office
until their successors are appointed as provided by Chapter 106, Health and
Safety Code, as amended by this Act, qualify for office, and complete the
training program as required by Section 106.0212, Health and Safety Code,
as added by this Act. Requires the governor to designate to which
membership position expiring August 31, 1999, each member appointed under
Chapter 106, Health and Safety Code, as amended by this Act, succeeds. 

(b) Requires the governor to designate three of the appointees for terms
expiring February 1, 2001, three for terms expiring February 1, 2003, and
three for terms expiring February 1, 2005, in making the initial
appointments to fill the positions expiring August 31, 1999.  

(c) Requires the center to submit the first rural health work plan required
by Section 106.028, Health and Safety Code, as added by this Act, to the
executive committee for approval, and the executive committee to approve a
work plan, no later than October 1, 1999.  

SECTION 4. Effective date: August 30, 1999.

SECTION 5. Emergency clause.