By Delisi                                       H.B. No. 3342

      75R9330 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to creating the Texas Public Health Foundation and the

 1-3     Texas Public Health Foundation Commission.

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

 1-5           SECTION 1.   (a)  The Texas Public Health Foundation

 1-6     Commission is composed of nine persons with at least one person

 1-7     representing each of the following groups:

 1-8                 (1)  health care consumers;

 1-9                 (2)  health care providers;

1-10                 (3)  entities that pay for or reimburse the cost of

1-11     health care services;

1-12                 (4)  local governments;

1-13                 (5)  academic health science centers;

1-14                 (6)  employers; and

1-15                 (7)  nonprofit entities that provide health care

1-16     services.

1-17           (b)  The governor, lieutenant governor, and the speaker of

1-18     the house of representatives shall each appoint three members to

1-19     the commission.

1-20           (c)  Appointments to the Texas Public Health Foundation

1-21     Commission shall be made without regard to the race, color,

1-22     disability, sex, religion, age, or national origin of the

1-23     appointees.

1-24           SECTION 2.   (a)  An officer, employee, or paid consultant of

 2-1     a Texas trade association in a field related to the operation of

 2-2     the Texas Public Health Foundation Commission may not be an

 2-3     appointed member of the commission or an employee of the commission

 2-4     who is exempt from the state's position classification plan or is

 2-5     compensated at or above the amount prescribed by the General

 2-6     Appropriations Act for step 1, salary group 17, of the position

 2-7     classification salary schedule.

 2-8           (b)  A person who is the spouse of an officer, manager, or

 2-9     paid consultant of a Texas trade association in a field related to

2-10     the operation of the Texas Public Health Foundation Commission may

2-11     not be an appointed member of the commission and may not be an

2-12     employee of the commission who is exempt from the state's position

2-13     classification plan or is compensated at or above the amount

2-14     prescribed by the General Appropriations Act for step 1, salary

2-15     group 17, of the position classification salary schedule.

2-16           (c)  For the purposes of this section, a Texas trade

2-17     association is a nonprofit, cooperative, and voluntarily joined

2-18     association in this state designed to assist its members and its

2-19     industry or profession in dealing with mutual problems and in

2-20     promoting their common interest.

2-21           (d)  A person may not serve as a member of the Texas Public

2-22     Health Foundation Commission or act as the general counsel to the

2-23     commission if the person is required to register as a lobbyist

2-24     under Chapter 305, Government Code, because of the person's

2-25     activities for compensation on behalf of a profession related to

2-26     the operation of the commission.

2-27           SECTION 3.   The members of the Texas Public Health

 3-1     Foundation Commission shall choose a presiding officer from among

 3-2     its membership.

 3-3           SECTION 4.   A vacancy on the Texas Public Health Foundation

 3-4     Commission is filled for the unexpired term in the same manner in

 3-5     which the position was originally filled.

 3-6           SECTION 5.   (a)  It is a ground for removal from the Texas

 3-7     Public Health Foundation Commission if an appointed member:

 3-8                 (1)  does not have at the time of appointment the

 3-9     qualifications required by Section 1(a) of this Act;

3-10                 (2)  does not maintain during service on the Texas

3-11     Public Health Foundation Commission the qualifications required by

3-12     Section 1(a) of this Act;

3-13                 (3)  violates a prohibition established by Section 2 of

3-14     this Act; or

3-15                 (4)  cannot because of illness or disability discharge

3-16     the member's duties for a substantial part of the term for which

3-17     the member is appointed.

3-18           (b)  The validity of an action of the Texas Public Health

3-19     Foundation Commission is not affected by the fact that it is taken

3-20     when a ground for removal of a commission member exists.

3-21           (c)  If one of the members of the Texas Public Health

3-22     Foundation Commission has knowledge that a potential ground for

3-23     removal exists, the member shall notify one of the presiding

3-24     officers of  the potential ground.  The presiding officer shall

3-25     then notify the governor that a potential ground for removal

3-26     exists.  If the potential ground for removal involves the presiding

3-27     officer, the member shall notify the next highest officer of the

 4-1     Texas Public Health Foundation Commission, who shall notify the

 4-2     governor that a potential ground for removal exists.

 4-3           SECTION 6.  (a)  The Texas Public Health Foundation

 4-4     Commission shall establish the Texas Public Health Foundation as a

 4-5     nonprofit corporation that complies with the Texas Non-Profit

 4-6     Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil

 4-7     Statutes), except as otherwise provided by this Act, and qualifies

 4-8     as an organization exempt from federal income tax under Section

 4-9     501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section

4-10     501).

4-11           (b)  The Texas Public Health Foundation Commission shall:

4-12                 (1)  develop a selection process for the Texas Public

4-13     Health Foundation's board of directors;

4-14                 (2)  establish qualifications for members of the

4-15     foundation's board of directors;

4-16                 (3)  appoint the foundation's initial board of

4-17     directors;

4-18                 (4)  develop the foundation's articles of incorporation

4-19     and bylaws;

4-20                 (5)  develop provisions for the management of

4-21     foundation resources;

4-22                 (6)  establish performance standards for the

4-23     foundation;

4-24                 (7)  provide for periodic review of the foundation by

4-25     an outside auditor; and

4-26                 (8)  identify sources of funding for the foundation.

4-27           (c)  The commission shall ensure that the foundation operates

 5-1     independently of any state agency or political subdivision of the

 5-2     state.

 5-3           SECTION 7.   Members of the Texas Public Health Foundation

 5-4     Commission serve until September 1, 1998.

 5-5           SECTION 8.   The Texas Public Health Foundation Commission

 5-6     shall develop and implement policies that provide the public with a

 5-7     reasonable opportunity to appear before the commission and to speak

 5-8     on any issue under the jurisdiction of the commission.

 5-9           SECTION 9.  A member of the Texas Public Health Foundation

5-10     Commission is not entitled to compensation but is entitled to

5-11     reimbursement for travel expenses incurred by the member while

5-12     conducting the business of the commission.

5-13           SECTION 10.  The Texas Public Health Foundation Commission is

5-14     subject to the open meetings law, Chapter 551, Government Code, the

5-15     open records law, Chapter 552, Government Code, and the

5-16     administrative procedure law, Chapter 2001, Government Code.

5-17           SECTION 11.  The Texas Department of Health shall provide

5-18     support staff to the Texas Public Health Foundation Commission.

5-19           SECTION 12.  (a)  The Texas Public Health Foundation

5-20     Commission shall submit a report on the commission's activities and

5-21     outcomes to the legislature not later than September 1, 1998.

5-22           (b)  The Texas Public Health Foundation Commission is

5-23     abolished and Sections 1-12 of this Act expire on September 1,

5-24     1998.

5-25           SECTION 13.  Subtitle H, Title 2, Health and Safety Code, is

5-26     amended by adding Chapter 166 to read as follows:

5-27              CHAPTER 166.  THE TEXAS PUBLIC HEALTH FOUNDATION

 6-1           Sec.  166.001.  DEFINITION.  In this chapter, "foundation"

 6-2     means the Texas Public Health Foundation.

 6-3           Sec. 166.002.  POWERS AND DUTIES.  (a) The foundation is a

 6-4     nonprofit corporation organized under the law of this state. The

 6-5     foundation shall have the powers that are necessary and convenient

 6-6     to carry out its duties.

 6-7           (b)  The foundation shall:

 6-8                 (1)  promote public health education and awareness;

 6-9                 (2)  orient health care delivery systems, providers,

6-10     consumers, and advocates to public health issues;

6-11                 (3)  aid local communities' deployment of health

6-12     resources; and

6-13                 (4)  facilitate links between higher education,

6-14     corporate stakeholders, public health professionals, and health

6-15     care practitioners.

6-16           (c)  The foundation may only perform charitable functions.

6-17           (d)  The foundation is independent of any state agency or

6-18     political subdivision of the state.

6-19           (e)  The foundation may work with any state, federal, or

6-20     local agency to perform its duties.

6-21           (f)  The foundation shall operate in accordance with its

6-22     articles of incorporation and bylaws.

6-23           Sec. 166.003.  BOARD OF DIRECTORS.  (a)  The corporation

6-24     shall operate subject to the general supervision of a board of

6-25     directors.

6-26           (b)  The members of the board of directors shall be selected

6-27     in accordance with the articles of incorporation and bylaws of the

 7-1     foundation.

 7-2           (c)  The board of directors shall ensure that the foundation

 7-3     remains eligible for an exemption from federal income tax under

 7-4     Section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C.

 7-5     Section 501) by being listed as an exempt organization under

 7-6     Section 501(c)(3) of that code (26 U.S.C. Section 501).

 7-7           Sec. 166.004.  EX OFFICIO BOARD OR STAFF MEMBERS.  A public

 7-8     employee may not serve as an ex officio member of the board of

 7-9     directors of the foundation or as a member of the staff of the

7-10     foundation.

7-11           Sec. 166.005.  TAX EXEMPT.  The foundation is exempt from all

7-12     taxation by the state or a political subdivision of the state,

7-13     including a municipality.

7-14           SECTION 14.  This Act takes effect September 1, 1997.  The

7-15     members of the Texas Public Health Foundation Commission shall be

7-16     appointed not later than October 1, 1997.

7-17           SECTION 15.  The importance of this legislation and the

7-18     crowded condition of the calendars in both houses create an

7-19     emergency and an imperative public necessity that the

7-20     constitutional rule requiring bills to be read on three several

7-21     days in each house be suspended, and this rule is hereby suspended.