1-1                                   AN ACT

 1-2     relating to the reporting of certain injuries to the Texas

 1-3     Department of Health.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 88.001, Health and Safety Code, is

 1-6     amended by adding Subdivision (3) to read as follows:

 1-7                 (3)  "Traumatic brain injury" means an acquired injury

 1-8     to the brain, including brain injuries caused by anoxia due to near

 1-9     drowning.  The term does not include brain dysfunction caused by

1-10     congenital or degenerative disorders or birth trauma.

1-11           SECTION 2.  Section 88.002(a), Health and Safety Code, is

1-12     amended to read as follows:

1-13           (a)  Spinal cord injuries, traumatic brain injuries, and

1-14     submersion injuries are reportable to the department.  The board by

1-15     rule shall define those terms for reporting purposes.

1-16           SECTION 3.  Section 88.003(c), Health and Safety Code, is

1-17     amended to read as follows:

1-18           (c)  The board shall prescribe the form and method of

1-19     reporting.  The board may require the reports to contain any

1-20     information, including the person's name, address, age, sex, race,

1-21     occupation, employer, and attending physician, necessary to achieve

1-22     the purposes of this chapter [, including the person's name,

1-23     address, age, sex, race, occupation, employer, and attending

1-24     physician].

 2-1           SECTION 4.  Sections 88.008(a) and (g), Health and Safety

 2-2     Code, are amended to read as follows:

 2-3           (a)  The board shall appoint a technical advisory committee

 2-4     to advise the board of injuries other than spinal cord injuries,

 2-5     traumatic brain injuries, and submersion injuries that should be

 2-6     required by rule to be reported under this chapter.

 2-7           (g)  The technical advisory committee is entitled to review

 2-8     and comment on the board's rules under Section 88.002(b)

 2-9     [87.002(b)] before the rules are proposed.

2-10           SECTION 5.  Section 88.009, Health and Safety Code, is

2-11     amended to read as follows:

2-12           Sec.  88.009.  COORDINATION WITH TEXAS WORKERS' COMPENSATION

2-13     COMMISSION.  The department and the Texas Workers' Compensation

2-14     Commission shall enter into a memorandum of understanding which

2-15     shall include the following:

2-16                 (1)  the department and commission shall exchange

2-17     relevant injury data on an ongoing basis notwithstanding Section

2-18     88.006 [87.006 of this chapter];

2-19                 (2)  confidentiality of injury data provided to the

2-20     department by the commission is governed by Subtitle A, Title 5,

2-21     Labor Code [the Texas Workers' Compensation Act (Article 8308-1.01

2-22     et seq., Vernon's Texas Civil Statutes)];

2-23                 (3)  confidentiality of injury data provided to the

2-24     commission by the department is governed by Section 88.006 [87.006

2-25     of this chapter]; and

2-26                 (4)  cooperation in conducting investigations of

2-27     work-related injuries.

 3-1           SECTION 6.  Chapter 88, Health and Safety Code, is amended by

 3-2     adding Sections 88.010 and 88.011 to read as follows:

 3-3           Sec. 88.010.  COORDINATION WITH TEXAS REHABILITATION

 3-4     COMMISSION.  The department and the Texas Rehabilitation Commission

 3-5     shall enter into a memorandum of understanding to:

 3-6                 (1)  exchange relevant injury data on an ongoing basis

 3-7     notwithstanding Section 88.006;

 3-8                 (2)  maintain the confidentiality of injury data

 3-9     provided to the department by the commission in accordance with

3-10     Section 88.006 and Section 111.057, Human Resources Code; and

3-11                 (3)  cooperate in conducting investigations of spinal

3-12     cord and traumatic brain injuries.

3-13           Sec. 88.011.  COORDINATION WITH TEXAS TRAUMATIC BRAIN INJURY

3-14     ADVISORY COUNCIL.  The department and the Texas Brain Injury

3-15     Advisory Council shall enter into a memorandum of understanding to:

3-16                 (1)  exchange relevant injury data on an ongoing basis

3-17     to the extent allowed by Section 88.006;

3-18                 (2)  maintain the confidentiality of injury data

3-19     provided to the council by the department in accordance with

3-20     Section 88.006;

3-21                 (3)  permit the council to review and comment on the

3-22     board's rules under Section 88.002(b) before the rules are

3-23     proposed; and

3-24                 (4)  cooperate in conducting investigations of

3-25     traumatic brain injuries.

3-26           SECTION 7.  This Act takes effect September 1, 1997.

3-27           SECTION 8.  The importance of this legislation and the

 4-1     crowded condition of the calendars in both houses create an

 4-2     emergency and an imperative public necessity that the

 4-3     constitutional rule requiring bills to be read on three several

 4-4     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2472 was passed by the House on May

         10, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2472 on May 25, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2472 was passed by the Senate, with

         amendments, on May 23, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor