1-1 By: Maxey (Senate Sponsor - Moncrief) H.B. No. 2472
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 18, 1997, reported favorably, as amended,
1-5 by the following vote: Yeas 10, Nays 0; May 18, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-8 Amend C.S.H.B. 2472 as follows:
1-9 On page 1, line 37, delete the underlined colon.
1-10 On page 1, line 38, delete the underlined (1) and the underlined ";
1-11 and"
1-12 On page 1, lines 39-40, delete the underlined language.
1-13 On page 2, line 28, delete "notwithstanding" and substitute "to the
1-14 extent allowed by"
1-15 On page 2, line 31, add and after the semicolon
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to the reporting of certain injuries to the Texas
1-19 Department of Health.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Section 88.001, Health and Safety Code, is
1-22 amended by adding Subdivision (3) to read as follows:
1-23 (3) "Traumatic brain injury" means an acquired injury
1-24 to the brain, including brain injuries caused by anoxia due to near
1-25 drowning. The term does not include brain dysfunction caused by
1-26 congenital or degenerative disorders or birth trauma.
1-27 SECTION 2. Section 88.002(a), Health and Safety Code, is
1-28 amended to read as follows:
1-29 (a) Spinal cord injuries, traumatic brain injuries, and
1-30 submersion injuries are reportable to the department. The board by
1-31 rule shall define those terms for reporting purposes.
1-32 SECTION 3. Section 88.003(c), Health and Safety Code, is
1-33 amended to read as follows:
1-34 (c) The board shall prescribe the form and method of
1-35 reporting. The board may require the reports to contain any
1-36 information, including the person's name, address, age, sex, race,
1-37 occupation, employer, and attending physician, necessary:
1-38 (1) to achieve the purposes of this chapter; and
1-39 (2) to perform a longitudinal analysis to determine
1-40 the outcome of a person with a reportable injury[, including the
1-41 person's name, address, age, sex, race, occupation, employer, and
1-42 attending physician].
1-43 SECTION 4. Sections 88.008(a) and (g), Health and Safety
1-44 Code, are amended to read as follows:
1-45 (a) The board shall appoint a technical advisory committee
1-46 to advise the board of injuries other than spinal cord injuries,
1-47 traumatic brain injuries, and submersion injuries that should be
1-48 required by rule to be reported under this chapter.
1-49 (g) The technical advisory committee is entitled to review
1-50 and comment on the board's rules under Section 88.002(b)
1-51 [87.002(b)] before the rules are proposed.
1-52 SECTION 5. Section 88.009, Health and Safety Code, is
1-53 amended to read as follows:
1-54 Sec. 88.009. COORDINATION WITH TEXAS WORKERS' COMPENSATION
1-55 COMMISSION. The department and the Texas Workers' Compensation
1-56 Commission shall enter into a memorandum of understanding which
1-57 shall include the following:
1-58 (1) the department and commission shall exchange
1-59 relevant injury data on an ongoing basis notwithstanding Section
1-60 88.006 [87.006 of this chapter];
1-61 (2) confidentiality of injury data provided to the
1-62 department by the commission is governed by Subtitle A, Title 5,
1-63 Labor Code [the Texas Workers' Compensation Act (Article 8308-1.01
1-64 et seq., Vernon's Texas Civil Statutes)];
2-1 (3) confidentiality of injury data provided to the
2-2 commission by the department is governed by Section 88.006 [87.006
2-3 of this chapter]; and
2-4 (4) cooperation in conducting investigations of
2-5 work-related injuries.
2-6 SECTION 6. Chapter 88, Health and Safety Code, is amended by
2-7 adding Sections 88.010 and 88.011 to read as follows:
2-8 Sec. 88.010. COORDINATION WITH TEXAS REHABILITATION
2-9 COMMISSION. The department and the Texas Rehabilitation Commission
2-10 shall enter into a memorandum of understanding to:
2-11 (1) exchange relevant injury data on an ongoing basis
2-12 notwithstanding Section 88.006;
2-13 (2) maintain the confidentiality of injury data
2-14 provided to the department by the commission in accordance with
2-15 Section 88.006 and Section 111.057, Human Resources Code; and
2-16 (3) cooperate in conducting investigations of spinal
2-17 cord and traumatic brain injuries.
2-18 Sec. 88.011. COORDINATION WITH TEXAS TRAUMATIC BRAIN INJURY
2-19 ADVISORY COUNCIL. The department and the Texas Brain Injury
2-20 Advisory Council shall enter into a memorandum of understanding to:
2-21 (1) exchange relevant injury data on an ongoing basis
2-22 notwithstanding Section 88.006;
2-23 (2) maintain the confidentiality of injury data
2-24 provided to the council by the department in accordance with
2-25 Section 88.006;
2-26 (3) permit the council to review and comment on the
2-27 board's rules under Section 88.002(b) before the rules are
2-28 proposed; and
2-29 (4) cooperate in conducting investigations of
2-30 traumatic brain injuries.
2-31 SECTION 7. This Act takes effect September 1, 1997.
2-32 SECTION 8. The importance of this legislation and the
2-33 crowded condition of the calendars in both houses create an
2-34 emergency and an imperative public necessity that the
2-35 constitutional rule requiring bills to be read on three several
2-36 days in each house be suspended, and this rule is hereby suspended.
2-37 * * * * *