HBA-NMO C.S.S.B. 602 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 602
By: Moncrief
Public Health
5/8/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

The Sunset Advisory Commission report on the Texas Department of Health
(TDH) concluded that TDH has not maximized input from stakeholders and
other experts during the development and evaluation of rules.  C.S.S.B. 602
amends the membership and powers of the Interagency Council for Genetic
Services. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to a state agency that is a member of the
Interagency Council for Genetic Services in SECTION 2 (Section 134.002,
Human Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 134.001(b) and (c), Human Resources Code, to
provide that the Interagency Council for Genetic Services (council)
consists of a representative of the Texas Department of Insurance (TDI),
rather than the Texas Department of Human Services, appointed by the
commissioner of insurance, rather than the commissioner of human services.
Makes a conforming change. 

SECTION 2. Amends Chapter 134, Human Resources Code, by adding Section
134.002, as follows: 

Sec. 134.002. RULES.  Requires a state agency that is a member of the
council to work in coordination with the council when initiating,
considering, or proposing a rule relating to human genetics or human
genetic services. 

SECTION 3. Amends Section 134.003(b), Human Resources Code, to make a
conforming change. 

SECTION 4. Amends Section 134.004, Human Resources Code, to require the
council to work in coordination with the Texas Department of Mental Health
and Mental Retardation, the Texas Department of Health, and TDI, when the
agency initiates, considers, or proposes a rule relating to human genetics
or human genetic services. Makes conforming changes. 

SECTION 5. Section 134.005(b), Human Resources Code, to make a conforming
change. 

SECTION 6. Section 134.006, Human Resources Code, to make a conforming
change. 

SECTION 7. Effective date: September 1, 1999.

SECTION 8. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 2 (proposed Section
134.002, Human Resources Code) by removing language that would have
authorized the Interagency Council for Genetic Services to adopt rules to
implement this chapter.