By:  Moncrief                                          S.B. No. 445
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the Board of Public Health.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subsections (a),(c),(d), and (i), Section 3,
    1-4  Article 4413(504), Revised Statutes, are amended to read as
    1-5  follows:
    1-6        (a)  The board is composed of 12 <six> members appointed by
    1-7  the governor with the advice and consent of the senate.  The
    1-8  governor shall annually designate one member to be the chairman and
    1-9  one member to be the vice-chairman.  The board shall annually elect
   1-10  a secretary <presiding officer>.
   1-11        (c)  Eight <Four> members of the board must have a
   1-12  demonstrated interest in the services provided by the department,
   1-13  with one physician licensed by the Texas State Board of Medical
   1-14  Examiners, one physician licensed by the Texas State Board of
   1-15  Medical Examiners who is board-certified in pediatrics, one doctor
   1-16  of osteopathy licensed by the Texas State Board of Medical
   1-17  Examiners on the basis of the degree Doctor of Osteopathy, one
   1-18  hospital administrator, one dentist licensed by the State Board of
   1-19  Dental Examiners, one chiropractor licensed by the Texas Board of
   1-20  Chiropractic Examiners, one professional nurse recognized as a
   1-21  nurse practitioner by the Board of Nurse Examiners, and one
   1-22  professional nurse registered by the Board of Nurse Examiners with
   1-23  a backgound in public health.  Four <and two> members must
    2-1  represent the public, with one having a background in finance.
    2-2        (d)  A person is not eligible for appointment as a member of
    2-3  the board if the person or the person's spouse:
    2-4              (1)  is a person who is employed by or participates in
    2-5  the management of a business entity or other organization regulated
    2-6  by the department or receiving a substantial amount of money from
    2-7  that department;
    2-8              (2)  owns or controls, directly or indirectly, more
    2-9  than a 10 percent interest in a business entity or other
   2-10  organization regulated by the department or that receives money
   2-11  from the department;
   2-12              (3)  uses or receives a substantial amount of tangible
   2-13  goods, services, or money from the department, other than
   2-14  compensation or reimbursement authorized by law for expenses
   2-15  incurred as a board member, or as a client or a parent or guardian
   2-16  of a client receiving services from the department; <or>
   2-17              (4)  is an employee, officer, or paid consultant of a
   2-18  trade association in a field under the jurisdiction of the
   2-19  department; or
   2-20              (5)  provides services for the Texas Department of
   2-21  Health.
   2-22        (i)  Members of the board serve staggered six-year terms,
   2-23  with the terms of four <two> members expiring February 1 of each
   2-24  odd-numbered year.
   2-25        SECTION 2.  Section 4, Article 4413(504), Revised Statutes,
    3-1  is amended to read as follows:
    3-2        Sec. 4.  MEETINGS; QUORUM.  (a)  The board shall meet at
    3-3  least once each quarter <month> and at the call of the chair
    3-4  <presiding officer>.
    3-5        (b)  Eight <Four> members of the board constitute a quorum.
    3-6        SECTION 3.  The governor shall appoint members to fill the
    3-7  vacant positions on the Board of Public Health on or before
    3-8  January 1, 1994.  The governor shall designate which four members
    3-9  of the board shall serve terms expiring February 1, 1995, which
   3-10  four shall serve terms expiring February 1, 1997, and which four
   3-11  shall serve terms expiring February 1, 1999.
   3-12        SECTION 4.  The importance of this legislation and the
   3-13  crowded condition of the calendars in both houses create an
   3-14  emergency and an imperative public necessity that the
   3-15  constitutional rule requiring bills to be read on three several
   3-16  days in each house be suspended, and this rule is hereby suspended,
   3-17  and that this Act take effect and be in force from and after its
   3-18  passage, and it is so enacted.