SRC-ARR S.B. 602 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 602
76R5459 MCK-FBy: Moncrief
Health Services
3/22/1999
As Filed


DIGEST 

The last Sunset Commission report on the Texas Department of Health
concluded, that it has not maximized input from stakeholders and other
experts during the development and evaluation of rules. TDH did not involve
pediatricians or the Interagency Council for Genetic Services during the
development of a change to newborn screening rules adopted in February,
1998. S.B. 602 sets forth the guidelines for  the membership of the Texas
Board of Health (TDH) and the membership and powers of the Interagency
Council for Genetic Services. 

PURPOSE

As proposed, S.B. 602 sets forth the membership of the Texas Board of
Health (TDH) and the membership and powers of the Interagency Council for
Genetic Services. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Interagency Council for Genetic
Services in SECTION 3 (Section 134.002(a), Chapter 134, Human Resource
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.005(a), Health and Safety Code, to provide
that the Texas Board of Health (board) is composed of six members appointed
by the governor with the advice and consent of the senate and one nonvoting
member appointed by the Interagency Council for Genetic Services (council). 

SECTION 2. Amends Sections 134.001(b),(c), and (d), Human Resources Code,
to provide that the council consists of a representative of the Texas
Department of Insurance, rather than Human Services, appointed by the
commissioner of insurance, rather than human services. Requires the members
of the council to annually elect one member to serve as a nonvoting member
of the board as an additional duty attendant to the person's service on the
council. Makes a conforming change. 

SECTION 3. Amends Chapter 134, Human Resources Code, by adding Section
134.002, as follows: 

Sec. 134.002. RULES. Authorizes the council to adopt rules to implement
this chapter. Prohibits a state agency that is a member of the council from
adopting a rule relating to genetics or genetic services unless the rule is
initiated by the council. 

SECTION 4. Amends Section 134.003(b), Human Resources Code, to make a
conforming change. 

SECTION 5. Amends Section 134.004, Human Resources Code, to require the
council to propose rules to the state agencies named in Sections
134.001(b)(1), (2), and (3) that the council considers necessary to assist
the council in fulfilling its duties under this section. Makes conforming
changes. 

SECTION 6. Section 134.005(b), Human Resources Code, to make a conforming
change. 

SECTION 7. Section 134.006, Human Resources Code, to make a conforming
change. 

SECTION 8. Effective date: September 1, 1999.
 
SECTION 9. Emergency clause.