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.