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.