76R8384 SMH-D
By Bosse, Gray, McCall H.B. No. 1033
Substitute the following for H.B. No. 1033:
By Glaze C.S.H.B. No. 1033
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Cancer
1-3 Council.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 102.002, 102.003, 102.004, and 102.0041,
1-6 Health and Safety Code, are amended to read as follows:
1-7 Sec. 102.002. TEXAS CANCER COUNCIL. The Texas Cancer
1-8 Council shall develop and work to implement the Texas Cancer Plan.
1-9 Sec. 102.003. SUNSET PROVISION. The Texas Cancer Council is
1-10 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
1-11 continued in existence as provided by that chapter, the council is
1-12 abolished and this chapter expires September 1, 2011 [1999].
1-13 Sec. 102.004. COMPOSITION OF COUNCIL. (a) The council is
1-14 composed of:
1-15 (1) [one member of the house of representatives,
1-16 appointed by the speaker of the house of representatives;]
1-17 [(2) one member of the senate, appointed by the
1-18 lieutenant governor;]
1-19 [(3) the chairman of the Texas Board of Human Services
1-20 or a representative appointed by the chairman;]
1-21 [(4)] the chairman of the Texas Board of Health, or a
1-22 representative appointed by the chairman, who serves as an ex
1-23 officio nonvoting member;
1-24 (2) [(5)] one physician active in the treatment of
2-1 cancer, appointed by the governor;
2-2 (3) [(6)] one physician active in the treatment of
2-3 cancer, appointed by the lieutenant governor;
2-4 (4) [(7)] one physician active in the treatment of
2-5 cancer, appointed by the speaker of the house of representatives;
2-6 (5) [(8)] one representative of a voluntary health
2-7 organization interested in cancer, appointed by the governor;
2-8 (6) [(9)] one representative of a voluntary health
2-9 organization interested in cancer, appointed by the lieutenant
2-10 governor;
2-11 (7) [(10)] one representative of a voluntary health
2-12 organization interested in cancer, appointed by the speaker of the
2-13 house of representatives;
2-14 (8) [(11)] one representative of a licensed health
2-15 care facility [public or private hospital] that treats a
2-16 significant number of cancer patients, appointed by the governor;
2-17 (9) [(12)] one representative of a licensed health
2-18 care facility [public or private hospital] that treats a
2-19 significant number of cancer patients, appointed by the lieutenant
2-20 governor;
2-21 (10) [(13)] one representative of a licensed health
2-22 care facility [public or private hospital] that treats a
2-23 significant number of cancer patients, appointed by the speaker of
2-24 the house of representatives;
2-25 (11) [(14)] one member of the public, appointed by the
2-26 governor;
2-27 (12) [(15)] one member of the public, appointed by the
3-1 lieutenant governor; [and]
3-2 (13) [(16)] one member of the public, appointed by the
3-3 speaker of the house of representatives;
3-4 (14) one licensed health care professional active in
3-5 the treatment or control of cancer, other than a physician,
3-6 appointed by the governor;
3-7 (15) one licensed health care professional active in
3-8 the treatment or control of cancer, other than a physician,
3-9 appointed by the lieutenant governor; and
3-10 (16) one licensed health care professional active in
3-11 the treatment or control of cancer, other than a physician,
3-12 appointed by the speaker of the house of representatives.
3-13 (b) In making appointments to the council, the governor,
3-14 lieutenant governor, and speaker of the house of representatives
3-15 should attempt to include cancer survivors and family members of
3-16 cancer patients if possible.
3-17 Sec. 102.0041. QUALIFICATIONS OF COUNCIL MEMBERS AND
3-18 EMPLOYEES. (a) In this section, "Texas trade association" means a
3-19 cooperative and voluntarily joined association of business or
3-20 professional competitors in this state designed to assist its
3-21 members and its industry or profession in dealing with mutual
3-22 business or professional problems and in promoting their common
3-23 interest. The term does not include a voluntary health
3-24 organization.
3-25 (b) A person may not be [is not eligible for appointment as]
3-26 a public member of the council if the person or the person's
3-27 spouse:
4-1 (1) is employed by or participates in the management
4-2 of a business entity or other organization receiving money from the
4-3 council;
4-4 (2) owns or controls, directly or indirectly, more
4-5 than a 10 percent interest in a business entity or other
4-6 organization receiving money [funds] from the council; or
4-7 (3) [(2)] uses or receives a substantial amount of
4-8 tangible goods, services, or money [funds] from the council, other
4-9 than compensation or reimbursement authorized by law for council
4-10 membership, attendance, or expenses.
4-11 (c) A person may not be a member of the council and may not
4-12 be a council employee employed in a "bona fide executive,
4-13 administrative, or professional capacity," as that phrase is used
4-14 for purposes of establishing an exemption to the overtime
4-15 provisions of the federal Fair Labor Standards Act of 1938 (29
4-16 U.S.C. Section 201 et seq.) and its subsequent amendments if:
4-17 (1) the person is an officer, employee, or paid
4-18 consultant of a Texas trade association in the field of cancer
4-19 control; or
4-20 (2) the person's spouse is an officer, manager, or
4-21 paid consultant of a Texas trade association in the field of cancer
4-22 control.
4-23 (d) [(b)] A person may not be a member of the council or act
4-24 as the general counsel to the council or the council's staff if the
4-25 person [who] is required to register as a lobbyist under Chapter
4-26 305, Government Code, because of the person's activities for
4-27 compensation [in or] on behalf of a profession related to the
5-1 operation of the council [may not serve as a member].
5-2 (e) [(c)] Appointments to the council shall be made without
5-3 regard to the race, color, disability, sex, religion, age, or
5-4 national origin of the appointees.
5-5 (f) [(d)] It is a ground for removal from the council that a
5-6 [if the] member:
5-7 (1) does not have at the time of taking office
5-8 [appointment] the qualifications required by Section 102.004 [in
5-9 this section for appointment to the council];
5-10 (2) does not maintain during [the member's] service on
5-11 the council the qualifications required by Section 102.004 [this
5-12 section for appointment to the council];
5-13 (3) is ineligible for membership under Subsections
5-14 (b)-(d) [violates a prohibition established by this section];
5-15 (4) cannot, because of illness or disability, [is
5-16 unable to] discharge the member's duties for a substantial part of
5-17 the member's term [for which the member was appointed because of
5-18 illness or disability]; or
5-19 (5) is absent from more than half of the regularly
5-20 scheduled council meetings [of the council] that the member is
5-21 eligible to attend during a [each] calendar year without an excuse
5-22 approved [or is absent from more than two consecutive regularly
5-23 scheduled council meetings that the member is eligible to attend,
5-24 except when the absence is excused] by a majority vote of the
5-25 council.
5-26 (g) The validity of an action of the council is not affected
5-27 by the fact that it is taken when a ground for removal of a council
6-1 member exists.
6-2 (h) [(e)] If the executive director [presiding officer of
6-3 the council] has knowledge that a potential ground for removal [of
6-4 a member of the council] exists, the executive director [presiding
6-5 officer] shall notify the presiding officer of the council of the
6-6 potential ground. The presiding officer shall then notify
6-7 [executive director and] the appointing authority and the attorney
6-8 general that a potential ground for removal exists. If the
6-9 potential ground for removal involves the presiding officer, the
6-10 executive director shall notify the next highest ranking officer of
6-11 the council, who shall then notify the appointing authority and the
6-12 attorney general that a potential ground for removal exists.
6-13 SECTION 2. Section 102.005(a), Health and Safety Code, is
6-14 amended to read as follows:
6-15 (a) Except for the ex officio [a] member of the council
6-16 [legislature or a representative of a state agency], council
6-17 members serve for staggered six-year terms, with the terms of five
6-18 [four] members expiring February 1 of each even-numbered year.
6-19 SECTION 3. Sections 102.006 and 102.008, Health and Safety
6-20 Code, are amended to read as follows:
6-21 Sec. 102.006. OFFICERS. The governor shall designate a
6-22 [appoint one] member of the council, other than the ex officio
6-23 member, as the presiding officer of the council to serve in that
6-24 capacity at the pleasure of the governor [as chairman].
6-25 Sec. 102.008. MEETINGS. (a) The council shall meet at the
6-26 call of the presiding officer [chairman].
6-27 (b) The council shall develop and implement policies that
7-1 provide the public with a reasonable opportunity to appear before
7-2 the council and to speak on any issue under the jurisdiction of the
7-3 council.
7-4 SECTION 4. Sections 102.009(a) and (b), Health and Safety
7-5 Code, are amended to read as follows:
7-6 (a) The council shall:
7-7 (1) work to implement the Texas Cancer Plan;
7-8 (2) continually monitor and revise the Texas Cancer
7-9 Plan as necessary;
7-10 (3) promote the development and coordination of
7-11 effective and efficient statewide public and private policies,
7-12 programs, and services related to cancer; and
7-13 (4) encourage cooperative, comprehensive, and
7-14 complementary planning among the public, private, and volunteer
7-15 sectors involved in cancer research, prevention, detection, and
7-16 treatment[; and]
7-17 [(5) report to the legislature not later than January
7-18 31 of each odd-numbered year].
7-19 (b) The council may:
7-20 (1) employ an executive director [and secretary];
7-21 (2) appoint advisory committees necessary to implement
7-22 the Texas Cancer Plan and employ necessary staff to provide
7-23 administrative support;
7-24 (3) monitor contracts and agreements for cancer
7-25 programs authorized by this chapter;
7-26 (4) conduct necessary studies and surveys;
7-27 (5) accept, transfer, and spend funds made available
8-1 by the federal or state government or by any other public or
8-2 private source, subject to limitations and conditions prescribed by
8-3 legislative appropriation; and
8-4 (6) use the existing staff of an appointed official or
8-5 agency to assist the council in performing its duties under this
8-6 chapter.
8-7 SECTION 5. Chapter 102, Health and Safety Code, is amended
8-8 by adding Sections 102.011 and 102.013-102.016 to read as follows:
8-9 Sec. 102.011. STANDARDS OF CONDUCT. The executive director
8-10 or the executive director's designee shall provide to members of
8-11 the council and to council employees, as often as necessary,
8-12 information regarding the requirements for office or employment
8-13 under this chapter, including information regarding a person's
8-14 responsibilities under applicable laws relating to standards of
8-15 conduct for state officers or employees.
8-16 Sec. 102.013. TRAINING. (a) A person who is appointed to
8-17 and qualifies for office as a member of the council may not vote,
8-18 deliberate, or be counted as a member in attendance at a meeting of
8-19 the council until the person completes a training program that
8-20 complies with this section.
8-21 (b) The training program must provide the person with
8-22 information regarding:
8-23 (1) the legislation that created the council;
8-24 (2) the programs operated by the council;
8-25 (3) the role and functions of the council;
8-26 (4) the rules of the council with an emphasis on the
8-27 rules that relate to disciplinary and investigatory authority;
9-1 (5) the current budget for the council;
9-2 (6) the results of the most recent formal audit of the
9-3 council;
9-4 (7) the requirements of:
9-5 (A) the open meetings law, Chapter 551,
9-6 Government Code;
9-7 (B) the public information law, Chapter 552,
9-8 Government Code;
9-9 (C) the administrative procedure law, Chapter
9-10 2001, Government Code; and
9-11 (D) other laws relating to public officials,
9-12 including conflict of interest laws; and
9-13 (8) any applicable ethics policies adopted by the
9-14 council or the Texas Ethics Commission.
9-15 (c) A person appointed to the council is entitled to
9-16 reimbursement, as provided by the General Appropriations Act, for
9-17 the travel expenses incurred in attending the training program
9-18 regardless of whether the attendance at the program occurs before
9-19 or after the person qualifies for office.
9-20 Sec. 102.014. SEPARATION OF RESPONSIBILITIES. The council
9-21 shall develop and implement policies that clearly separate the
9-22 policymaking responsibilities of the council and the management
9-23 responsibilities of the executive director and the staff of the
9-24 council.
9-25 Sec. 102.015. COMPLAINTS. (a) The council shall maintain a
9-26 file on each written complaint filed with the council. The file
9-27 must include:
10-1 (1) the name of the person who filed the complaint;
10-2 (2) the date the complaint is received by the council;
10-3 (3) the subject matter of the complaint;
10-4 (4) the name of each person contacted in relation to
10-5 the complaint;
10-6 (5) a summary of the results of the review or
10-7 investigation of the complaint; and
10-8 (6) an explanation of the reason the file was closed,
10-9 if the council closed the file without taking action other than to
10-10 investigate the complaint.
10-11 (b) The council shall provide to the person filing the
10-12 complaint and to each person who is a subject of the complaint a
10-13 copy of the council's policies and procedures relating to complaint
10-14 investigation and resolution.
10-15 (c) The council, at least quarterly until final disposition
10-16 of the complaint, shall notify the person filing the complaint and
10-17 each person who is a subject of the complaint of the status of the
10-18 investigation unless the notice would jeopardize an undercover
10-19 investigation.
10-20 Sec. 102.016. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
10-21 executive director or the executive director's designee shall
10-22 prepare and maintain a written policy statement that implements a
10-23 program of equal employment opportunity to ensure that all
10-24 personnel decisions are made without regard to race, color,
10-25 disability, sex, religion, age, or national origin.
10-26 (b) The policy statement must include:
10-27 (1) personnel policies, including policies relating to
11-1 recruitment, evaluation, selection, training, and promotion of
11-2 personnel, that show the intent of the council to avoid the
11-3 unlawful employment practices described by Chapter 21, Labor Code;
11-4 and
11-5 (2) an analysis of the extent to which the composition
11-6 of the council's personnel is in accordance with state and federal
11-7 law and a description of reasonable methods to achieve compliance
11-8 with state and federal law.
11-9 (c) The policy statement must:
11-10 (1) be updated annually;
11-11 (2) be reviewed by the state Commission on Human
11-12 Rights for compliance with Subsection (b)(1); and
11-13 (3) be filed with the governor's office.
11-14 SECTION 6. (a) On the effective date of this Act, the
11-15 membership positions of the following persons on the Texas Cancer
11-16 Council are abolished and those persons cease to be members:
11-17 (1) the member of the house of representatives
11-18 appointed by the speaker of the house of representatives;
11-19 (2) the member of the senate appointed by the
11-20 lieutenant governor; and
11-21 (3) the chairman of the Texas Board of Human Services
11-22 or the representative appointed by the chairman.
11-23 (b) As soon as possible on or after the effective date of
11-24 this Act:
11-25 (1) the governor shall appoint a licensed health care
11-26 professional active in the treatment or control of cancer, other
11-27 than a physician, to the Texas Cancer Council for a term expiring
12-1 February 1, 2000;
12-2 (2) the speaker of the house of representatives shall
12-3 appoint a licensed health care professional active in the treatment
12-4 or control of cancer, other than a physician, to the Texas Cancer
12-5 Council for a term expiring February 1, 2002; and
12-6 (3) the lieutenant governor shall appoint a licensed
12-7 health care professional active in the treatment or control of
12-8 cancer, other than a physician, to the Texas Cancer Council for a
12-9 term expiring February 1, 2004.
12-10 (c) Except as provided by Subsection (a) of this section,
12-11 the changes in law made by this Act in the qualifications of, and
12-12 the prohibitions applying to, members of the Texas Cancer Council
12-13 do not affect the entitlement of a member serving on the council
12-14 immediately before the effective date of this Act to continue to
12-15 carry out the functions of the council for the remainder of the
12-16 member's term. The changes in law apply only to a member appointed
12-17 on or after the effective date of this Act. This Act does not
12-18 prohibit a person who is a member of the council on the effective
12-19 date of this Act from being reappointed to the council if the
12-20 person has the qualifications required for a member under Chapter
12-21 102, Health and Safety Code, as amended by this Act.
12-22 SECTION 7. This Act takes effect September 1, 1999.
12-23 SECTION 8. The importance of this legislation and the
12-24 crowded condition of the calendars in both houses create an
12-25 emergency and an imperative public necessity that the
12-26 constitutional rule requiring bills to be read on three several
12-27 days in each house be suspended, and this rule is hereby suspended.