By: Giddings H.B. No. 1488
73R6096 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Center for Minority Health
1-3 Improvement.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 70, Revised Statutes, is amended by adding
1-6 Article 4413(506) to read as follows:
1-7 Art. 4413(506). CENTER FOR MINORITY HEALTH IMPROVEMENT
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Center" means the Center for Minority Health
1-10 Improvement.
1-11 (2) "Commission" means the Health and Human Services
1-12 Commission.
1-13 Sec. 2. MAJOR PURPOSE AND DUTIES OF CENTER. (a) The Center
1-14 for Minority Health Improvement shall assume a leadership role in
1-15 working or contracting with state and federal agencies,
1-16 universities, private interest groups, communities, foundations,
1-17 and offices of minority health to develop minority health
1-18 initiatives and maximize the use of existing resources without
1-19 duplicating existing efforts.
1-20 (b) The center shall also:
1-21 (1) study issues relating to the delivery of and
1-22 access to health and human services for minorities in this state;
1-23 (2) identify any gaps in the health and human services
1-24 delivery system that particularly affect minorities;
2-1 (3) make recommendations to the relevant agencies and
2-2 to the legislature for improving the delivery of and access to
2-3 health and human services for minorities; and
2-4 (4) assist the commission in developing the
2-5 coordinated strategic plan for health and human services required
2-6 under Section 10, Article 4413(502), Revised Statutes.
2-7 Sec. 3. EXECUTIVE COMMITTEE. (a) The executive committee
2-8 is the governing body of the center.
2-9 (b) The executive committee is composed of:
2-10 (1) three public members appointed by the governor;
2-11 (2) two senators and one public member appointed by
2-12 the lieutenant governor;
2-13 (3) two members of the house of representatives and
2-14 one public member appointed by the speaker of the house of
2-15 representatives; and
2-16 (4) one representative from each of the following
2-17 state agencies and one person who does not represent the agency,
2-18 appointed by the executive director or commissioner of each
2-19 respective agency:
2-20 (A) the Texas Commission on Alcohol and Drug
2-21 Abuse;
2-22 (B) the Texas Department on Aging;
2-23 (C) the Department of Public Health;
2-24 (D) the Texas Department of Human Services;
2-25 (E) the Texas Department of Mental Health and
2-26 Mental Retardation;
2-27 (F) the Department of Protective and Regulatory
3-1 Services;
3-2 (G) the Texas Rehabilitation Commission;
3-3 (H) the Texas Commission for the Blind;
3-4 (I) the Texas Commission for the Deaf and
3-5 Hearing Impaired;
3-6 (J) the Interagency Council on Early Childhood
3-7 Intervention Services; and
3-8 (K) the Office of Texas-Mexico Health and
3-9 Environmental Issues.
3-10 (c) The governor, the lieutenant governor, the speaker of
3-11 the house of representatives, and the executive directors and
3-12 commissioners shall appoint persons under Subsection (b) of this
3-13 section who have actively participated in health issues for
3-14 minorities.
3-15 (d) The persons appointed by the governor, lieutenant
3-16 governor, and speaker of the house of representatives shall hold an
3-17 annual meeting immediately after the agencies appoint new members
3-18 under Subsection (b)(4) of this section to consider if the ethnic
3-19 composition of the executive committee adequately reflects the
3-20 ethnic population of the state. The persons appointed by the
3-21 governor, lieutenant governor, and speaker may require an agency to
3-22 appoint a new person if necessary to change the executive
3-23 committee's ethnic composition.
3-24 (e) The members serve staggered two-year terms.
3-25 (f) The executive committee annually shall elect one of its
3-26 members as presiding officer.
3-27 (g) The executive committee shall meet quarterly and at the
4-1 call of the presiding officer.
4-2 (h) Any action taken by the executive committee must be
4-3 approved by a majority vote.
4-4 (i) Members of the executive committee receive no
4-5 compensation but are entitled to reimbursement for actual and
4-6 necessary expenses incurred in the performance of their duties.
4-7 (j) The executive committee shall establish policies to
4-8 implement this article.
4-9 Sec. 4. DIRECTOR. (a) The executive committee may hire a
4-10 director to serve as the chief executive officer of the center and
4-11 to perform the administrative duties of the center.
4-12 (b) The director serves at the will of the executive
4-13 committee.
4-14 (c) The director may hire staff within the guidelines
4-15 established by the executive committee.
4-16 Sec. 5. ADMINISTRATIVE AND STAFF SUPPORT. (a) The
4-17 commission shall provide administrative support and office space to
4-18 the center as necessary to carry out its duties under this article.
4-19 (b) The center shall be staffed by a director, a field
4-20 coordinator, and an administrative technician.
4-21 (c) The commission shall attempt to provide other staff for
4-22 the office to appropriately represent ethnic minorities.
4-23 Sec. 6. POWERS AND DUTIES OF CENTER. (a) The center shall:
4-24 (1) develop and support legislation designed to
4-25 improve minority health;
4-26 (2) examine issues that affect minority health;
4-27 (3) provide minority influence to other councils and
5-1 organizations that treat minority health concerns, such as the
5-2 Texas Diabetes Council, the Texas Cancer Council, the American
5-3 Heart Association, the American Lung Association, the Texas
5-4 Commission on Alcohol and Drug Abuse, and the Texas Council on
5-5 Family Violence;
5-6 (4) analyze the effectiveness of state and federal
5-7 health programs and health education programs;
5-8 (5) develop a strategic plan to improve the delivery
5-9 of health services to minorities;
5-10 (6) provide a central information and referral source
5-11 and serve as the primary state resource in coordinating, planning,
5-12 and advocating access to minority health care services in this
5-13 state;
5-14 (7) coordinate conferences and other training
5-15 opportunities to increase skills among state agencies and
5-16 government staff in management and in the appreciation of cultural
5-17 diversity;
5-18 (8) pursue and administer grant funds for innovative
5-19 projects for communities, groups, and individuals;
5-20 (9) provide recommendations and training in improving
5-21 minority recruitment in state agencies;
5-22 (10) publicize minority health issues through the use
5-23 of the media;
5-24 (11) network with existing minority organizations;
5-25 (12) assist communities in promoting community-based
5-26 outreach programs in reducing violence and abusive and neglectful
5-27 behavior in minority and underserved communities;
6-1 (13) assist in improving the current health care
6-2 system to reflect increased comprehensiveness in primary and
6-3 preventive health care services, cultural sensitivity, and
6-4 continuity of care;
6-5 (14) promote increased involvement of minorities in
6-6 the development of health care systems, programs, and policies by:
6-7 (A) building statewide networks and community
6-8 coalitions to focus on primary and preventive health services;
6-9 (B) encouraging public facilities in minority
6-10 communities to sponsor health-related programs and outreach
6-11 services; and
6-12 (C) encouraging increased minority participation
6-13 on health and human services task forces;
6-14 (15) promote an increase in the number of minorities
6-15 in health care professions by:
6-16 (A) providing incentives to minority health and
6-17 allied health professionals to provide services in minority
6-18 communities;
6-19 (B) encouraging medical schools to increase
6-20 their recruitment efforts in minority and underserved communities;
6-21 and
6-22 (C) developing and implementing special allied
6-23 health programs for high school students in minority and
6-24 underserved communities;
6-25 (16) assist health and human services agencies in
6-26 developing programs to improve birth outcomes by assuring all
6-27 pregnant women access to an appropriate level of prenatal care;
7-1 (17) develop strategies and programs to increase the
7-2 availability and accessibility of primary and preventive health
7-3 care services for minority populations;
7-4 (18) develop programs and training seminars to reduce
7-5 the incidence of preventable morbidity and mortality in minority
7-6 populations and underserved areas by:
7-7 (A) developing and implementing culturally
7-8 sensitive and reading-level appropriate educational campaigns about
7-9 prevention, screening services, and lifestyle;
7-10 (B) identifying and investigating disparities in
7-11 health status among ethnic or minority populations and refugees;
7-12 and
7-13 (C) developing and distributing more explicit
7-14 anti-AIDS materials for public service, including print and
7-15 electronic media;
7-16 (19) assist other health and human services agencies
7-17 to expand and improve the Refugee Health Screening Program by:
7-18 (A) increasing the amount of information
7-19 gathered on refugees arriving at noncontract areas;
7-20 (B) developing tracking mechanisms to track
7-21 individuals from initial skin testing through completion of therapy
7-22 for tuberculosis infection; and
7-23 (C) improving methods and systems of getting
7-24 tuberculosis-infected refugees evaluated and placed in preventive
7-25 therapy; and
7-26 (20) develop and manage a centralized minority health
7-27 center that includes:
8-1 (A) a library with audio, visual, and printed
8-2 materials on minority health programs and issues; and
8-3 (B) a minority grant data base.
8-4 (b) The Office of State-Federal Relations shall assist the
8-5 center in performing the center's duties under Subsection
8-6 (a)(20)(A) of this section. The Office of State-Federal Relations,
8-7 the commission, the comptroller, and the agency members of the
8-8 executive committee shall assist the center in performing the
8-9 center's duties under Subsection (a)(20)(B) of this section.
8-10 (c) The center may:
8-11 (1) solicit, receive, and spend grants, gifts, and
8-12 donations from public and private sources;
8-13 (2) contract with public and private entities in the
8-14 performance of its responsibilities; and
8-15 (3) seek and accept other sources of funding and
8-16 staff, including volunteers.
8-17 Sec. 7. INFORMATION FROM STATE AGENCY. A state agency,
8-18 state hospital, or state medical school shall submit to the center
8-19 any information the center requires that relates to health issues
8-20 for minorities.
8-21 Sec. 8. REPORT TO LEGISLATURE. Not later than January 15 of
8-22 each odd-numbered year, the center shall submit a biennial report
8-23 to the legislature regarding the activities of the office and any
8-24 findings and recommendations relating to minority health issues.
8-25 Sec. 9. APPLICATION OF SUNSET ACT. The Center for Minority
8-26 Health Improvement is subject to Chapter 325, Government Code
8-27 (Texas Sunset Act). Unless continued in existence as provided by
9-1 that chapter, the center is abolished and this article expires
9-2 September 1, 1999.
9-3 SECTION 2. Sections 31.017(d) and (f), Health and Safety
9-4 Code, are amended to read as follows:
9-5 (d) The statewide advisory committee is composed of:
9-6 (1) one physician licensed to practice medicine in
9-7 this state who is in private practice specializing in primary
9-8 medical care;
9-9 (2) one dentist licensed to practice in this state who
9-10 has a private dental practice;
9-11 (3) one director of a local health department or a
9-12 public health district;
9-13 (4) one administrator of a federally funded community
9-14 health center;
9-15 (5) two administrators of hospitals in this state, at
9-16 least one of which is a member of the Texas Association of Public
9-17 Hospitals;
9-18 (6) one representative of The University of Texas
9-19 School of Public Health;
9-20 (7) one representative of the health insurance
9-21 industry;
9-22 (8) one professional nurse registered by the Board of
9-23 Nurse Examiners; <and>
9-24 (9) three members of the public; and
9-25 (10) the presiding officer of the Center for Minority
9-26 Health Improvement or the presiding officer's designee.
9-27 (f) Statewide advisory committee members, other than the
10-1 member described by Subsection (d)(10), serve for staggered
10-2 six-year terms, with the terms of four members expiring August 31
10-3 of each odd-numbered year.
10-4 SECTION 3. Sections 32.020(c) and (e), Health and Safety
10-5 Code, are amended to read as follows:
10-6 (c) The committee is composed of:
10-7 (1) one member of the board or its designated
10-8 representative selected by the board;
10-9 (2) one member of the Texas Board of Human Services or
10-10 its designated representative selected by the board;
10-11 (3) five members appointed by the governor as follows:
10-12 (A) one physician licensed to practice medicine
10-13 in this state who is board-certified in obstetrics and who has been
10-14 actively engaged in the practice of obstetrics for at least five
10-15 years;
10-16 (B) one physician licensed to practice medicine
10-17 in this state who is board-certified in family medicine and who has
10-18 been actively engaged in family practice for at least five years;
10-19 (C) one physician licensed to practice medicine
10-20 in this state who is board-certified in pediatrics and who has been
10-21 actively engaged in the practice of pediatrics for at least five
10-22 years;
10-23 (D) one professional nurse registered by the
10-24 Board of Nurse Examiners who has experience in providing neonatal
10-25 care and who has been actively engaged in the practice of
10-26 professional nursing for at least five years; and
10-27 (E) one professional nurse registered by the
11-1 Board of Nurse Examiners who has experience in providing care to
11-2 mothers and infants and who has been actively engaged in the
11-3 practice of professional nursing for at least five years;
11-4 (4) five public members, one of whom must be a
11-5 consumer of a program for pregnant women and children, appointed by
11-6 the lieutenant governor; <and>
11-7 (5) five additional public members, one of whom must
11-8 be a consumer of a program for pregnant women and children,
11-9 appointed by the speaker of the house of representatives; and
11-10 (6) the presiding officer of the Center for Minority
11-11 Health Improvement or the presiding officer's designee.
11-12 (e) Committee members, other than a member described by
11-13 Subsection (c)(1), (2), or (6), serve staggered six-year terms,
11-14 with the terms of five members expiring August 31 of each
11-15 odd-numbered year.
11-16 SECTION 4. Section 104.022(c), Health and Safety Code, is
11-17 amended to read as follows:
11-18 (c) The department shall consult with the Texas Department
11-19 of Mental Health and Mental Retardation, the Center for Minority
11-20 Health Improvement, the Texas Department of Human Services, and
11-21 other appropriate health-related state agencies designated by the
11-22 governor before performing the duties and functions prescribed by
11-23 state and federal law regarding the development of the state health
11-24 plan.
11-25 SECTION 5. Section 105.004, Health and Safety Code, is
11-26 amended to read as follows:
11-27 Sec. 105.004. Reports. The department may use the data
12-1 collected and analyzed under this chapter to publish reports
12-2 regarding:
12-3 (1) the educational and employment trends for health
12-4 professions;
12-5 (2) the supply and demand of health professions; <and>
12-6 (3) the education and employment trends for minorities
12-7 in health professions; and
12-8 (4) other issues, as necessary, concerning health
12-9 professions in this state.
12-10 SECTION 6. Section 106.005(a), Health and Safety Code, is
12-11 amended to read as follows:
12-12 (a) The advisory committee is composed of:
12-13 (1) the commissioner of health or a representative of
12-14 the department designated by the commissioner;
12-15 (2) the commissioner of human services or a
12-16 representative of the Texas Department of Human Services designated
12-17 by the commissioner;
12-18 (3) the commissioner of agriculture or a
12-19 representative of the Department of Agriculture designated by the
12-20 commissioner;
12-21 (4) the executive director of the Texas Department of
12-22 Commerce or a representative of that department designated by the
12-23 executive director; <and>
12-24 (5) the commissioner of higher education or a
12-25 representative of the Texas Higher Education Coordinating Board
12-26 designated by the commissioner; and
12-27 (6) the presiding officer of the Center for Minority
13-1 Health Improvement or the presiding officer's designee.
13-2 SECTION 7. Section 311.038(b), Health and Safety Code, is
13-3 amended to read as follows:
13-4 (b) The advisory committee must include representatives
13-5 from:
13-6 (1) the hospital industry;
13-7 (2) private business;
13-8 (3) the insurance industry;
13-9 (4) state agencies, such as the Texas Department of
13-10 Human Services and Employees Retirement System of Texas;
13-11 (5) consumer organizations; <and>
13-12 (6) the Statewide Health Coordinating Council; and
13-13 (7) the Center for Minority Health Improvement.
13-14 SECTION 8. Section 51.717(a), Education Code, is amended to
13-15 read as follows:
13-16 (a) A state advisory and oversight committee is established
13-17 and shall consist of 10 <nine> members including the commissioner
13-18 of education, the presiding officer of the Center for Minority
13-19 Health Improvement or the presiding officer's designee, and eight
13-20 other members reflecting the minority groups served by this
13-21 program, with:
13-22 (1) one person appointed by the governor;
13-23 (2) one person appointed by the lieutenant governor;
13-24 (3) one person appointed by the speaker; and
13-25 (4) five persons appointed by the commissioner of
13-26 higher education.
13-27 SECTION 9. (a) Chapter 107, Health and Safety Code, and
14-1 Chapter 136, Human Resources Code, are repealed.
14-2 (b) Any reference in law to the Office of Minority Health or
14-3 the Council on Minority Health Affairs means the Center for
14-4 Minority Health Improvement.
14-5 (c) On the effective date of this Act, all records,
14-6 property, and equipment in the possession of the Office of Minority
14-7 Health or the Council on Minority Health Affairs are transferred to
14-8 the Center for Minority Health Improvement.
14-9 (d) The Center for Minority Health Improvement shall use all
14-10 paper and forms transferred from the Office of Minority Health or
14-11 the Council on Minority Health Affairs before ordering or
14-12 purchasing new paper and forms to reflect its name.
14-13 SECTION 10. This Act takes effect September 1, 1993.
14-14 SECTION 11. The importance of this legislation and the
14-15 crowded condition of the calendars in both houses create an
14-16 emergency and an imperative public necessity that the
14-17 constitutional rule requiring bills to be read on three several
14-18 days in each house be suspended, and this rule is hereby suspended.