SRC-AXB C.S.S.B. 1291 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1291
76R12301  DLF-DBy: Zaffirini
Human Services
4/15/1999
Committee Report (Substituted)


DIGEST 

Currently, tobacco use results in the death of more than 26,000 Texans
every year.  Texas will receive $17.3 billion over the next 25 years from
the tobacco industry as compensation from a suit based on violation of
anti-trust, consumer protection, fraud, conspiracy, and racketeering laws.
Long-term programs to prevent and reduce tobacco use in other states appear
successful, and if similar tobacco use declines are achieved in Texas, we
can expect to have 750,000 fewer adult smokers after four years.
Implementation and continuation of such a program is critical to the
prevention of future premature death, disability and economic costs to
Texas.  C.S.S.B. 1291 expands the scope of the Texas Department of Health's
efforts to prevent tobacco use. 

PURPOSE

As proposed, C.S.S.B. 1291 expands the scope of Texas Department of Health
efforts to prevent tobacco use. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 1
(Section 161.313, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 161O, Health and Safety Code, as follows:

New title:  SUBCHAPTER O.  PREVENTION OF TOBACCO USE

 Sec.  161.301.  DEFINITIONS.  Defines "advisory committee" and "program."

Sec.  161.302.  TEXAS TOBACCO CONTROL PROGRAM.  Requires the Texas
Department of Health (department ) to implement a tobacco control program
(program) and sets forth goals of the program.  Requires the department to
coordinate the program and provide necessary assistance to implement the
program throughout the state.  Requires the department to implement the
program subject to the availability of appropriated money, and sets forth
provisions regarding the appropriations. 

 Sec.  161.303.  PROGRAM COMPONENTS.  Sets forth program requirements.

Sec.  161.304.  AT-RISK POPULATIONS.  Requires the program to include
components and elements which target at-risk populations. 

Sec.  161.305.  TOBACCO USE PUBLIC AWARENESS CAMPAIGN; MEDIA RESOURCE
CENTER.  Requires the department, rather than the commissioner, to develop
a campaign to reduce Texans' tobacco use.  Requires the department to
establish a media resource center to provide services for community
programs.  Deletes a specification that the campaign be targeted to minors. 

Sec.  161.306.  CONTRACTS FOR IMPLEMENTATION.  Authorizes the department,
rather than the commissioner, to contract for certain services.  Requires
the awarding of a  contract under this subchapter to be based on
competitive bids.  Sets forth provisions for a request for proposal.
Limits a contract awarded to implement the public awareness campaign
described by Section 161.305, Health and Safety Code, rather than under
Subsection (b), to a business with a proven advertising and public
relations campaign background.  Prohibits the department from awarding a
contract to certain entities.  Prohibits eligibility for participation in a
certain program from certain entities.  Makes conforming changes. 

Sec.  161.307.  GRANTS FOR COMMUNITIES.  Requires the department to
implement a competitive grant program designed to reduce the use of tobacco
products, and authorizes local government units, community-based
organizations, and schools to receive a grant. Requires the department to
solicit grant proposals, and sets forth provisions regarding grant
proposals. 

Sec.  161.308.  New heading:  GRANTS.  Redesignated from existing Section
161.302, Health and Safety Code.  Requires the department, rather than a
certain entity, to implement a competitive grant program. 

Sec.  161.309.  OUTCOME-BASED FUNDING AND EVALUATION OF PROGRAM COMPONENTS;
EVALUATION OF PROGRAM.  Requires the department to fund and evaluate
program effectiveness, and sets forth evaluation requirements. 

Sec.  161.310.  ADVISORY COMMITTEE.  Sets forth the composition of the 11
members of the Tobacco Control Program advisory committee (tobacco
committee).  Authorizes the department to assist the tobacco committee in
specific ways.  Exempts the tobacco committee from being subject to Chapter
2110, Government Code. 

Sec.  161.311.  DUTIES OF ADVISORY COMMITTEE.  Sets forth tobacco committee
responsibilities. 

Sec.  161.312.  ADVISORY COMMITTEE REPORT.  Requires the tobacco committee
to submit a report to certain authorities by November 15 of each
even-numbered year, and sets forth required information for the report. 

Sec.  161.313.  RULES.  Authorizes the Texas Board of Health to adopt rules
to implement this subchapter. 

SECTION 2.  Provides that it is the intent of the legislature that the
Texas Department of Health use its existing support resources to assist the
tobacco committee. 

SECTION 3.Emergency clause.
  Effective date:  upon passage.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 161.301, Health and Safety Code, to define "advisory
committee" and make conforming changes. 

Amends Section 161.302, Health and Safety Code, by adding Subsection (c),
to require a certain procedure for funding the program. 

Amends Section 161.303, Health and Safety Code, to delete existing
Subsection (4), and renumber subsequent subsections. 
 
Amends Section 161.306, Health and Safety Code, to create a new heading,
delete text regarding enforcement, and make conforming and nonsubstantive
changes. 

  Amends Section 161.307, Health and Safety Code, to make a nonsubstantive
change.   

Amends Section 161.309, Health and Safety Code, to create a new heading,
and add text regarding funding and evaluation. 

Amends Chapter 161O, Health and Safety Code, by adding Sections
161.310-161.313, to add text regarding the tobacco committee. 

SECTION 2.

 Sets forth the legislature's intent regarding assistance and support to
the tobacco committee. 

SECTION 3.

 Redesignated from existing SECTION 2.