By:  Rodriguez                                        H.B. No. 1646
       73R5827 CBH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the transfer of the MedPREP program from the Texas
    1-3  Higher Education Coordinating Board to the Center for Rural Health
    1-4  Initiatives.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 106, Health and Safety Code, is amended
    1-7  by adding Subchapter D to read as follows:
    1-8                SUBCHAPTER D.  MEDICAL AND HEALTH CARE
    1-9                     PROFESSIONS RECRUITMENT FUND
   1-10        Sec. 106.071.  DEFINITIONS.  In this subchapter:
   1-11              (1)  "Coordinator" means the executive director or the
   1-12  executive director's designee.
   1-13              (2)  "Fund" means the medical and health care
   1-14  professions recruitment fund.
   1-15              (3)  "MedPREP" means the medical preparation program.
   1-16              (4)  "Postsecondary educational institution" means:
   1-17                    (A)  an institution of higher education, as that
   1-18  term is defined by Section 61.003, Education Code; or
   1-19                    (B)  a private, nonprofit institution of higher
   1-20  education, other than a private institution of higher education
   1-21  operated exclusively for sectarian purposes, accredited by the
   1-22  Southern Association of Colleges and Schools and any other
   1-23  association or organization so designated by the Texas Higher
   1-24  Education Coordinating Board.
    2-1              (5)  "Program" means the MedPREP program.
    2-2              (6)  "Underserved population" means:
    2-3                    (A)  black Americans, Mexican-Americans and other
    2-4  Americans of Hispanic origin, American Indians, Eskimos, and
    2-5  Aleuts; and
    2-6                    (B)  residents of a nonmetropolitan county as
    2-7  defined by the United States Bureau of the Census in its most
    2-8  recent census.
    2-9        Sec. 106.072.  ADMINISTRATION.  The center shall administer
   2-10  or contract for the administration of the program.
   2-11        Sec. 106.073.  Fund.  (a)  The medical and health care
   2-12  professions recruitment fund is created as a special fund in the
   2-13  state treasury.  The fund consists of gifts, grants, and donations.
   2-14        (b)  The executive committee may solicit and accept gifts,
   2-15  grants, donations, and manpower contributions from local, state,
   2-16  and national colleges and universities, private industry, military
   2-17  commands, other government agencies, local school districts, and
   2-18  summer youth employment and training sponsors.
   2-19        (c)  Unless otherwise provided by the General Appropriations
   2-20  Act, the center may use money appropriated to the center to support
   2-21  the fund.
   2-22        (d)  The executive committee shall adopt rules for the
   2-23  administration of the fund.
   2-24        Sec. 106.074.  Use of Fund.  The executive committee shall
   2-25  allocate the fund to eligible nonprofit organizations for the
   2-26  purpose of:
   2-27              (1)  establishing or operating various locations for
    3-1  the purpose of assisting members of underserved populations in
    3-2  preparing for a medical or health care profession; and
    3-3              (2)  disseminating information concerning:
    3-4                    (A)  educational and career opportunities in
    3-5  medical and health care; and
    3-6                    (B)  the fund and programs funded under this
    3-7  subchapter.
    3-8        Sec. 106.075.  Allocation of Fund.  (a)  The coordinator
    3-9  shall allocate the fund in accordance with guidelines adopted by
   3-10  the executive committee.  The guidelines must ensure that MedPREP
   3-11  programs approved for funding:
   3-12              (1)  use professional volunteers at each level of
   3-13  instruction;
   3-14              (2)  require parental involvement;
   3-15              (3)  coordinate with public school officials to
   3-16  identify and recruit program participants;
   3-17              (4)  coordinate with postsecondary educational
   3-18  institutions;
   3-19              (5)  involve organizations of members of underserved
   3-20  populations;
   3-21              (6)  involve participants from grades nine through 12;
   3-22              (7)  provide demonstrated professional leadership in
   3-23  educational activities for members of underserved populations; and
   3-24              (8)  are compatible with state and federal laws
   3-25  governing education.
   3-26        (b)  Preference shall be given to programs that stress the
   3-27  development of medical and applied health professions competence.
    4-1        (c)  In making allocations, the coordinator may solicit
    4-2  advice from public or private organizations working to recruit
    4-3  members of underserved populations into medical and applied health
    4-4  careers.
    4-5        (d)  The comptroller shall issue a warrant drawn on the fund
    4-6  on receipt of a voucher approved by the coordinator.
    4-7        (e)  The executive committee shall adopt rules establishing
    4-8  procedures that an entity must use to apply for funding and to
    4-9  account for funds received.
   4-10        Sec. 106.076.  Eligibility.  (a)  To be eligible to receive
   4-11  funds under this subchapter, a MedPREP program:
   4-12              (1)  must be operated in conjunction with a
   4-13  postsecondary educational institution;
   4-14              (2)  must qualify for exemption from federal income
   4-15  taxation under Section 501, Internal Revenue Code of 1986 (26
   4-16  U.S.C. Sec. 501);
   4-17              (3)  may not distribute earnings to a private
   4-18  shareholder or other individual;
   4-19              (4)  must agree that at least 70 percent of the
   4-20  participants will be students from underserved populations with not
   4-21  less than 30 percent of that group being women; and
   4-22              (5)  must agree to cooperate with the coordinator in an
   4-23  annual follow-up of previous participants.
   4-24        (b)  The coordinator shall determine annually which programs
   4-25  meet the requirements of Subsection (a).
   4-26        Sec. 106.077.  ADVISORY COMMITTEE.  (a)  The state advisory
   4-27  and oversight committee consists of nine members, including the
    5-1  coordinator and eight other members reflecting the minority groups
    5-2  served by this program, with:
    5-3              (1)  one person appointed by the governor;
    5-4              (2)  one person appointed by the lieutenant governor;
    5-5              (3)  one person appointed by the speaker; and
    5-6              (4)  five persons appointed by the coordinator.
    5-7        (b)  A member appointed to the advisory committee serves for
    5-8  a four-year term.
    5-9        Sec. 106.078.  PROGRAM REVIEW.  The coordinator shall prepare
   5-10  an annual report accounting for the use of funds under this
   5-11  subchapter and including a follow-up of participants from MedPREP
   5-12  programs from previous years.
   5-13        SECTION 2.  Subchapter O, Chapter 51, Education Code, as
   5-14  added by Chapter 1084, Acts of the 71st Legislature, Regular
   5-15  Session, 1989, is repealed.
   5-16        SECTION 3.  (a)  The terms of the members of the state
   5-17  advisory and oversight committee for the MedPREP program who were
   5-18  appointed by the commissioner of higher education expire on the
   5-19  effective date of this Act.  On or after that date, the executive
   5-20  director of the Center for Rural Health Initiatives shall appoint
   5-21  four members to serve terms expiring February 1, 1997.
   5-22        (b)  All appropriations made by the legislature to the Texas
   5-23  Higher Education Coordinating Board relating to the MedPREP program
   5-24  are transferred to the Center for Rural Health Initiatives.
   5-25        (c)  All records, obligations, contracts, and property of the
   5-26  Texas Higher Education Coordinating Board relating to the MedPREP
   5-27  program are transferred to the Center for Rural Health Initiatives.
    6-1        (d)  A rule or form of the Texas Higher Education
    6-2  Coordinating Board relating to the MedPREP program on the effective
    6-3  date of this Act is continued in effect as a rule or form of the
    6-4  Center for Rural Health Initiatives until amended or repealed.
    6-5        SECTION 4.  This Act takes effect September 1, 1993.
    6-6        SECTION 5.  The importance of this legislation and the
    6-7  crowded condition of the calendars in both houses create an
    6-8  emergency and an imperative public necessity that the
    6-9  constitutional rule requiring bills to be read on three several
   6-10  days in each house be suspended, and this rule is hereby suspended.