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.