S.B. No. 773
                                        AN ACT
    1-1  relating to the creation, powers, duties, and funding of regional
    1-2  poison control centers; requiring an appropriation.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subtitle B, Title 9, Health and Safety Code, is
    1-5  amended by adding Chapter 777 to read as follows:
    1-6             CHAPTER 777.  REGIONAL POISON CONTROL CENTERS
    1-7        Sec. 777.001.  REGIONAL POISON CONTROL CENTERS.  (a)  Six
    1-8  regional centers for poison control are designated as the regional
    1-9  poison control centers for the state as follows:
   1-10              (1)  The University of Texas Medical Branch at
   1-11  Galveston;
   1-12              (2)  the Dallas County Hospital District/North Texas
   1-13  Poison Center;
   1-14              (3)  The University of Texas Health Science Center at
   1-15  San Antonio;
   1-16              (4)  R. E. Thomason General Hospital, El Paso County
   1-17  Hospital District;
   1-18              (5)  Northwest Texas Hospital, Amarillo Hospital
   1-19  District; and
   1-20              (6)  Scott and White Memorial Hospital, Temple, Texas.
   1-21        (b)  The poison control centers shall coordinate poison
   1-22  control activities within the designated health and human services
   1-23  regions for the state.  The Texas Department of Health and the
   1-24  Advisory Commission on State Emergency Communications shall jointly
    2-1  adopt rules designating the region for each poison control center.
    2-2        (c)  The Texas Board of Health may vote to designate a
    2-3  seventh regional or satellite poison control center in Harris
    2-4  County.  That poison control center is subject to all provisions of
    2-5  this chapter and other law relating to regional poison control
    2-6  centers.
    2-7        Sec. 777.002.  TELEPHONE SERVICES.  (a)  A poison control
    2-8  center established by this chapter shall provide a 24-hour
    2-9  toll-free telephone referral and information service for the public
   2-10  and health care professionals according to the requirements of the
   2-11  American Association of Poison Control Centers.
   2-12        (b)  Each public safety answering point, as that term is
   2-13  defined by Section 771.001, shall have direct telephone access to
   2-14  at least one poison control center.  Regional poison information
   2-15  services may be available directly from the center but shall be
   2-16  available through all 9-1-1 services in the region, as the term
   2-17  "9-1-1 service" is defined by Section 771.001.  The 9-1-1 service
   2-18  calls pertaining to poisonings may be routed to a central poison
   2-19  control answering site within the region, if possible, if the
   2-20  routing does not adversely affect the immediate availability of
   2-21  poisoning management services.
   2-22        (c)  A poison control center shall ensure that poison control
   2-23  activities within the designated region meet the criteria
   2-24  established by the American Association of Poison Control Centers.
   2-25  A center may meet the criteria directly or may affiliate with other
   2-26  poison treatment facilities within the region if possible.  A
   2-27  center shall ensure that treatment facilities and services are
    3-1  available within the region and shall identify and make available
    3-2  to the public and to appropriate health professionals information
    3-3  concerning analytical toxicology, emergency and critical care, and
    3-4  extracorporeal capabilities within the region.
    3-5        Sec. 777.003.  COMMUNITY PROGRAMS AND ASSISTANCE.  A poison
    3-6  control center shall provide:
    3-7              (1)  community education programs on poison prevention
    3-8  methods to inform the public, such as presentations to persons
    3-9  attending a primary or secondary school, a parent-teacher
   3-10  association meeting, an employee safety meeting at an industrial
   3-11  company, or other interested groups;
   3-12              (2)  information and education to health professionals
   3-13  involved in the management of poison and overdose victims,
   3-14  including information regarding appropriate therapeutic use of
   3-15  medications, their compatibility and stability, and adverse drug
   3-16  reactions and interactions;
   3-17              (3)  professional and technical assistance to state
   3-18  agencies requesting toxicologic assistance; and
   3-19              (4)  consultation services concerning medical
   3-20  toxicology, for which a fee may be charged in an amount set by the
   3-21  institution in which the center is located to cover the costs of
   3-22  the service.
   3-23        Sec. 777.004.  STAFF.  (a)  A poison control center
   3-24  established under this chapter shall use physicians, pharmacists,
   3-25  nurses, other professionals, and support personnel trained in
   3-26  various aspects of toxicology and poison control and prevention.
   3-27        (b)  A poison control center shall make available resources,
    4-1  if possible, to accommodate persons who do not speak English.
    4-2        Sec. 777.005.  RESEARCH PROGRAMS.  (a)  A poison control
    4-3  center may conduct a toxicology poison treatment research program
    4-4  to improve treatments for poisoning victims and to reduce the
    4-5  severity of injuries from poisonings.
    4-6        (b)  A poison control center may accept grants or
    4-7  contributions from public or private sources to be used for
    4-8  research.
    4-9        Sec. 777.006.  INFORMATION AT BIRTH.  The Texas Department of
   4-10  Health shall assist the regional poison control centers in
   4-11  providing informational packets on poison prevention to parents of
   4-12  newborns.
   4-13        Sec. 777.007.  STATE LIABILITY.  The state shall indemnify a
   4-14  poison control center and an employee of a poison control center
   4-15  under Chapter 104, Civil Practice and Remedies Code.
   4-16        Sec. 777.008.  COORDINATING COMMITTEE.  (a)  The coordinating
   4-17  committee on poison control shall advise the Texas Board of Health
   4-18  and the Advisory Commission on State Emergency Communications.
   4-19        (b)  The committee is composed of one public member appointed
   4-20  by the Texas Board of Health, one public member appointed by the
   4-21  Advisory Commission on State Emergency Communications, and 13
   4-22  members appointed by the chief executive officer of each of the
   4-23  following entities:
   4-24              (1)  The University of Texas Medical Branch at
   4-25  Galveston;
   4-26              (2)  the Dallas County Hospital District/North Texas
   4-27  Poison Center;
    5-1              (3)  The University of Texas Health Science Center at
    5-2  San Antonio;
    5-3              (4)  R. E. Thomason General Hospital, El Paso County
    5-4  Hospital District;
    5-5              (5)  Northwest Texas Hospital, Amarillo Hospital
    5-6  District;
    5-7              (6)  Scott and White Memorial Hospital, Temple, Texas;
    5-8              (7)  The University of Texas Southwestern Medical
    5-9  Center at Dallas;
   5-10              (8)  The Texas A&M University Health Science Center;
   5-11              (9)  the Texas Tech University Health Sciences Center;
   5-12              (10)  the Texas Veterinary Medical Diagnostic
   5-13  Laboratory;
   5-14              (11)  the Department of Agriculture;
   5-15              (12)  the Texas Department of Health; and
   5-16              (13)  the Advisory Commission on State Emergency
   5-17  Communications.
   5-18        Sec. 777.009.  FUNDING.  (a)  The Texas Department of Health
   5-19  and the Advisory Commission on State Emergency Communications shall
   5-20  establish a program to award grants to fund the regional poison
   5-21  control centers.
   5-22        (b)  The Texas Board of Health and the Advisory Commission on
   5-23  State Emergency Communications shall jointly adopt rules to
   5-24  establish criteria for awarding the grants.  The rules must require
   5-25  the agencies to consider:
   5-26              (1)  the need of the region based on population served
   5-27  for poison control services and the extent to which the grant would
    6-1  meet the identified need;
    6-2              (2)  the assurance of providing quality services;
    6-3              (3)  the availability of other funding sources;
    6-4              (4)  achieving or maintaining certification as a poison
    6-5  control center with the American Association of Poison Control
    6-6  Centers;
    6-7              (5)  maintenance of effort; and
    6-8              (6)  the development or existence of telecommunications
    6-9  systems.
   6-10        (c)  The Texas Department of Health and the Advisory
   6-11  Commission on State Emergency Communications may approve grants
   6-12  according to their jointly adopted rules.  A grant awarded under
   6-13  this section is governed by Chapter 783, Government Code, and the
   6-14  rules adopted under that chapter.
   6-15        (d)  The Texas Department of Health and the Advisory
   6-16  Commission on State Emergency Communications may accept gifts or
   6-17  grants from any source for purposes of this chapter.
   6-18        SECTION 2.  Subsection (a), Section 771.058, Health and
   6-19  Safety Code, is amended to read as follows:
   6-20        (a)  In a county with a population of 120,000 or less, the
   6-21  county or another public agency, other than the state, located in
   6-22  the county is not required to participate in the regional plan
   6-23  applicable to the regional planning commission in which it is
   6-24  located, and the fee <or surcharge> imposed under this chapter may
   6-25  not be charged to a customer in the county or territory of the
   6-26  public agency other than the county, unless the county or other
   6-27  public agency chooses to participate in the plan by resolution of
    7-1  its governing body.
    7-2        SECTION 3.  Section 771.072, Health and Safety Code, is
    7-3  amended to read as follows:
    7-4        Sec. 771.072.  Equalization Surcharge.  (a)  In addition to
    7-5  the fee imposed under Section 771.071, the advisory commission
    7-6  shall <may> impose a 9-1-1 equalization surcharge on each customer
    7-7  receiving intrastate long-distance service, including customers in
    7-8  an area served by an emergency communication district, even if the
    7-9  district is not participating in the regional plan.
   7-10        (b)  The amount of the surcharge may not exceed 1-3/10
   7-11  <one-half> of one percent of the charges for intrastate
   7-12  long-distance service, as defined by the commission.
   7-13        (c)  An intrastate long-distance service provider shall
   7-14  collect the surcharge imposed on its customers under this section
   7-15  and shall deliver the surcharges to the advisory commission not
   7-16  later than the 60th day after the last day of the month in which
   7-17  the surcharges are collected.
   7-18        (d)  From the revenue received from the surcharge imposed
   7-19  under this section, the amount derived from the application of the
   7-20  surcharge at a rate of not more than .5 percent shall be allocated
   7-21  <The advisory commission periodically shall allocate the
   7-22  surcharges> to <each> regional planning commissions <commission> or
   7-23  other public agencies <agency> designated by the regional planning
   7-24  commissions <commission> for use in carrying out the regional plans
   7-25  provided for by this chapter.  The allocations to the regional
   7-26  planning commissions are not required to be equal, but should be
   7-27  made to carry out the policy of this chapter to implement 9-1-1
    8-1  service statewide.  Money collected under this section may be
    8-2  allocated to an emergency communication district regardless of
    8-3  whether the district is participating in the applicable regional
    8-4  plan.
    8-5        (e)  From the revenue received from the surcharge imposed by
    8-6  this section, the amount derived from the application of the
    8-7  surcharge at a rate of not more than .8 percent shall be
    8-8  periodically allocated to the Texas Department of Health to fund
    8-9  grants awarded under Section 777.009.
   8-10        (f)  The advisory commission shall deposit <manage> the
   8-11  surcharges and any prior balances in an account in the general
   8-12  revenue fund in <outside> the state treasury until they are
   8-13  allocated to regional planning commissions and poison control
   8-14  centers in accordance with this section.  From that account,<.  The
   8-15  advisory commission may retain from the surcharges> the amount
   8-16  necessary for the commission to fund approved plans of regional
   8-17  planning commissions and regional poison control centers and to
   8-18  carry out its duties under this chapter shall be appropriated to
   8-19  the commission.
   8-20        SECTION 4.  Section 771.075, Health and Safety Code, is
   8-21  amended to read as follows:
   8-22        Sec. 771.075.  USE OF REVENUE.  Except as provided by Section
   8-23  771.072(e), 771.072(f), or 771.073(d), fees and surcharges
   8-24  collected under this subchapter may be used only for planning,
   8-25  development, and provision of 9-1-1 service as approved by the
   8-26  advisory commission.
   8-27        SECTION 5.  Subchapter F, Chapter 773, Health and Safety
    9-1  Code, is repealed.
    9-2        SECTION 6.  (a)  Before January 1, 1994, the Advisory
    9-3  Commission on State Emergency Communications shall set the amount
    9-4  of the surcharge designated for implementation of Chapter 777,
    9-5  Health and Safety Code, as added by this Act.
    9-6        (b)  Before March 1, 1994, the Texas Department of Health and
    9-7  the Advisory Commission on State Emergency Communications shall
    9-8  adopt the criteria for awarding grants under Chapter 777, Health
    9-9  and Safety Code, as added by this Act.
   9-10        (c)  Before September 1, 1994, the Texas Department of Health
   9-11  shall award grants as provided under Chapter 777, Health and Safety
   9-12  Code, as added by this Act.
   9-13        SECTION 7.  This Act takes effect September 1, 1993.
   9-14        SECTION 8.  The importance of this legislation and the
   9-15  crowded condition of the calendars in both houses create an
   9-16  emergency and an imperative public necessity that the
   9-17  constitutional rule requiring bills to be read on three several
   9-18  days in each house be suspended, and this rule is hereby suspended.