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.