By Bosse H.B. No. 1033
76R817 SMH-D
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 102.003, 102.004, and 102.0041, Health
1-6 and Safety Code, are amended to read as follows:
1-7 Sec. 102.003. SUNSET PROVISION. The Texas Cancer Council is
1-8 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
1-9 continued in existence as provided by that chapter, the council is
1-10 abolished and this chapter expires September 1, 2011 [1999].
1-11 Sec. 102.004. COMPOSITION OF COUNCIL. (a) The council is
1-12 composed of:
1-13 (1) [one member of the house of representatives,
1-14 appointed by the speaker of the house of representatives;]
1-15 [(2) one member of the senate, appointed by the
1-16 lieutenant governor;]
1-17 [(3) the chairman of the Texas Board of Human Services
1-18 or a representative appointed by the chairman;]
1-19 [(4)] the chairman of the Texas Board of Health, or a
1-20 representative appointed by the chairman, who serves as an ex
1-21 officio nonvoting member;
1-22 (2) [(5)] one physician active in the treatment of
1-23 cancer, appointed by the governor;
1-24 (3) [(6)] one physician active in the treatment of
2-1 cancer, appointed by the lieutenant governor;
2-2 (4) [(7)] one physician active in the treatment of
2-3 cancer, appointed by the speaker of the house of representatives;
2-4 (5) [(8)] one representative of a voluntary health
2-5 organization interested in cancer, appointed by the governor;
2-6 (6) [(9)] one representative of a voluntary health
2-7 organization interested in cancer, appointed by the lieutenant
2-8 governor;
2-9 (7) [(10)] one representative of a voluntary health
2-10 organization interested in cancer, appointed by the speaker of the
2-11 house of representatives;
2-12 (8) [(11)] one representative of a licensed health
2-13 care facility [public or private hospital] that treats a
2-14 significant number of cancer patients, appointed by the governor;
2-15 (9) [(12)] one representative of a licensed health
2-16 care facility [public or private hospital] that treats a
2-17 significant number of cancer patients, appointed by the lieutenant
2-18 governor;
2-19 (10) [(13)] one representative of a licensed health
2-20 care facility [public or private hospital] that treats a
2-21 significant number of cancer patients, appointed by the speaker of
2-22 the house of representatives;
2-23 (11) [(14)] one member of the public, appointed by the
2-24 governor;
2-25 (12) [(15)] one member of the public, appointed by the
2-26 lieutenant governor; [and]
2-27 (13) [(16)] one member of the public, appointed by the
3-1 speaker of the house of representatives;
3-2 (14) one licensed health care professional active in
3-3 the treatment or control of cancer, other than a physician,
3-4 appointed by the governor;
3-5 (15) one licensed health care professional active in
3-6 the treatment or control of cancer, other than a physician,
3-7 appointed by the lieutenant governor; and
3-8 (16) one licensed health care professional active in
3-9 the treatment or control of cancer, other than a physician,
3-10 appointed by the speaker of the house of representatives.
3-11 (b) In making appointments to the council, the governor,
3-12 lieutenant governor, and speaker of the house of representatives
3-13 should attempt to include cancer survivors and family members of
3-14 cancer patients if possible.
3-15 Sec. 102.0041. QUALIFICATIONS OF COUNCIL MEMBERS AND
3-16 EMPLOYEES. (a) In this section, "Texas trade association" means a
3-17 cooperative and voluntarily joined association of business or
3-18 professional competitors in this state designed to assist its
3-19 members and its industry or profession in dealing with mutual
3-20 business or professional problems and in promoting their common
3-21 interest. The term does not include a voluntary health
3-22 organization.
3-23 (b) A person may not be [is not eligible for appointment as]
3-24 a public member of the council if the person or the person's
3-25 spouse:
3-26 (1) is employed by or participates in the management
3-27 of a business entity or other organization receiving money from the
4-1 council;
4-2 (2) owns or controls, directly or indirectly, more
4-3 than a 10 percent interest in a business entity or other
4-4 organization receiving money [funds] from the council; or
4-5 (3) [(2)] uses or receives a substantial amount of
4-6 tangible goods, services, or money [funds] from the council, other
4-7 than compensation or reimbursement authorized by law for council
4-8 membership, attendance, or expenses.
4-9 (c) A person may not be a member of the council and may not
4-10 be a council employee employed in a "bona fide executive,
4-11 administrative, or professional capacity," as that phrase is used
4-12 for purposes of establishing an exemption to the overtime
4-13 provisions of the federal Fair Labor Standards Act of 1938 (29
4-14 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
4-15 (1) the person is an officer, employee, or paid
4-16 consultant of a Texas trade association in the field of cancer
4-17 control; or
4-18 (2) the person's spouse is an officer, manager, or
4-19 paid consultant of a Texas trade association in the field of cancer
4-20 control.
4-21 (d) [(b)] A person may not be a member of the council or act
4-22 as the general counsel to the council or the council's staff if the
4-23 person [who] is required to register as a lobbyist under Chapter
4-24 305, Government Code, because of the person's activities for
4-25 compensation [in or] on behalf of a profession related to the
4-26 operation of the council [may not serve as a member].
4-27 (e) [(c)] Appointments to the council shall be made without
5-1 regard to the race, color, disability, sex, religion, age, or
5-2 national origin of the appointees.
5-3 (f) [(d)] It is a ground for removal from the council that a
5-4 [if the] member:
5-5 (1) does not have at the time of taking office
5-6 [appointment] the qualifications required by Section 102.004 [in
5-7 this section for appointment to the council];
5-8 (2) does not maintain during [the member's] service on
5-9 the council the qualifications required by Section 102.004 [this
5-10 section for appointment to the council];
5-11 (3) is ineligible for membership under Subsections
5-12 (b)-(d) [violates a prohibition established by this section];
5-13 (4) cannot, because of illness or disability, [is
5-14 unable to] discharge the member's duties for a substantial part of
5-15 the member's term [for which the member was appointed because of
5-16 illness or disability]; or
5-17 (5) is absent from more than half of the regularly
5-18 scheduled council meetings [of the council] that the member is
5-19 eligible to attend during a [each] calendar year without an excuse
5-20 approved [or is absent from more than two consecutive regularly
5-21 scheduled council meetings that the member is eligible to attend,
5-22 except when the absence is excused] by a majority vote of the
5-23 council.
5-24 (g) The validity of an action of the council is not affected
5-25 by the fact that it is taken when a ground for removal of a council
5-26 member exists.
5-27 (h) [(e)] If the executive director [presiding officer of
6-1 the council] has knowledge that a potential ground for removal [of
6-2 a member of the council] exists, the executive director [presiding
6-3 officer] shall notify the presiding officer of the council of the
6-4 potential ground. The presiding officer shall then notify
6-5 [executive director and] the appointing authority and the attorney
6-6 general that a potential ground for removal exists. If the
6-7 potential ground for removal involves the presiding officer, the
6-8 executive director shall notify the next highest ranking officer of
6-9 the council, who shall then notify the appointing authority and the
6-10 attorney general that a potential ground for removal exists.
6-11 SECTION 2. Section 102.005(a), Health and Safety Code, is
6-12 amended to read as follows:
6-13 (a) Except for the ex officio [a] member of the council
6-14 [legislature or a representative of a state agency], council
6-15 members serve for staggered six-year terms, with the terms of five
6-16 [four] members expiring February 1 of each even-numbered year.
6-17 SECTION 3. Sections 102.006 and 102.008, Health and Safety
6-18 Code, are amended to read as follows:
6-19 Sec. 102.006. OFFICERS. The governor shall designate a
6-20 [appoint one] member of the council, other than the ex officio
6-21 member, as the presiding officer of the council to serve in that
6-22 capacity at the pleasure of the governor [as chairman].
6-23 Sec. 102.008. MEETINGS. (a) The council shall meet at the
6-24 call of the presiding officer [chairman].
6-25 (b) The council shall develop and implement policies that
6-26 provide the public with a reasonable opportunity to appear before
6-27 the council and to speak on any issue under the jurisdiction of the
7-1 council.
7-2 SECTION 4. Chapter 102, Health and Safety Code, is amended
7-3 by adding Sections 102.011 and 102.013-102.016 to read as follows:
7-4 Sec. 102.011. STANDARDS OF CONDUCT. The executive director
7-5 or the executive director's designee shall provide to members of
7-6 the council and to council employees, as often as necessary,
7-7 information regarding the requirements for office or employment
7-8 under this chapter, including information regarding a person's
7-9 responsibilities under applicable laws relating to standards of
7-10 conduct for state officers or employees.
7-11 Sec. 102.013. TRAINING. (a) A person who is appointed to
7-12 and qualifies for office as a member of the council may not vote,
7-13 deliberate, or be counted as a member in attendance at a meeting of
7-14 the council until the person completes a training program that
7-15 complies with this section.
7-16 (b) The training program must provide the person with
7-17 information regarding:
7-18 (1) the legislation that created the council;
7-19 (2) the programs operated by the council;
7-20 (3) the role and functions of the council;
7-21 (4) the rules of the council with an emphasis on the
7-22 rules that relate to disciplinary and investigatory authority;
7-23 (5) the current budget for the council;
7-24 (6) the results of the most recent formal audit of the
7-25 council;
7-26 (7) the requirements of:
7-27 (A) the open meetings law, Chapter 551,
8-1 Government Code;
8-2 (B) the public information law, Chapter 552,
8-3 Government Code;
8-4 (C) the administrative procedure law, Chapter
8-5 2001, Government Code; and
8-6 (D) other laws relating to public officials,
8-7 including conflict-of-interest laws; and
8-8 (8) any applicable ethics policies adopted by the
8-9 council or the Texas Ethics Commission.
8-10 (c) A person appointed to the council is entitled to
8-11 reimbursement, as provided by the General Appropriations Act, for
8-12 the travel expenses incurred in attending the training program
8-13 regardless of whether the attendance at the program occurs before
8-14 or after the person qualifies for office.
8-15 Sec. 102.014. SEPARATION OF RESPONSIBILITIES. The council
8-16 shall develop and implement policies that clearly separate the
8-17 policymaking responsibilities of the council and the management
8-18 responsibilities of the executive director and the staff of the
8-19 council.
8-20 Sec. 102.015. COMPLAINTS. (a) The council shall maintain a
8-21 file on each written complaint filed with the council. The file
8-22 must include:
8-23 (1) the name of the person who filed the complaint;
8-24 (2) the date the complaint is received by the council;
8-25 (3) the subject matter of the complaint;
8-26 (4) the name of each person contacted in relation to
8-27 the complaint;
9-1 (5) a summary of the results of the review or
9-2 investigation of the complaint; and
9-3 (6) an explanation of the reason the file was closed,
9-4 if the council closed the file without taking action other than to
9-5 investigate the complaint.
9-6 (b) The council shall provide to the person filing the
9-7 complaint and to each person who is a subject of the complaint a
9-8 copy of the council's policies and procedures relating to complaint
9-9 investigation and resolution.
9-10 (c) The council, at least quarterly until final disposition
9-11 of the complaint, shall notify the person filing the complaint and
9-12 each person who is a subject of the complaint of the status of the
9-13 investigation unless the notice would jeopardize an undercover
9-14 investigation.
9-15 Sec. 102.016. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
9-16 executive director or the executive director's designee shall
9-17 prepare and maintain a written policy statement that implements a
9-18 program of equal employment opportunity to ensure that all
9-19 personnel decisions are made without regard to race, color,
9-20 disability, sex, religion, age, or national origin.
9-21 (b) The policy statement must include:
9-22 (1) personnel policies, including policies relating to
9-23 recruitment, evaluation, selection, training, and promotion of
9-24 personnel, that show the intent of the council to avoid the
9-25 unlawful employment practices described by Chapter 21, Labor Code;
9-26 and
9-27 (2) an analysis of the extent to which the composition
10-1 of the council's personnel is in accordance with state and federal
10-2 law and a description of reasonable methods to achieve compliance
10-3 with state and federal law.
10-4 (c) The policy statement must:
10-5 (1) be updated annually;
10-6 (2) be reviewed by the state Commission on Human
10-7 Rights for compliance with Subsection (b)(1); and
10-8 (3) be filed with the governor's office.
10-9 SECTION 5. (a) On the effective date of this Act, the
10-10 membership positions of the following persons on the Texas Cancer
10-11 Council are abolished and those persons cease to be members:
10-12 (1) the member of the house of representatives
10-13 appointed by the speaker of the house of representatives;
10-14 (2) the member of the senate appointed by the
10-15 lieutenant governor; and
10-16 (3) the chairman of the Texas Board of Human Services
10-17 or the representative appointed by the chairman.
10-18 (b) As soon as possible on or after the effective date of
10-19 this Act:
10-20 (1) the governor shall appoint a licensed health care
10-21 professional active in the treatment or control of cancer, other
10-22 than a physician, to the Texas Cancer Council for a term expiring
10-23 February 1, 2000;
10-24 (2) the speaker of the house of representatives shall
10-25 appoint a licensed health care professional active in the treatment
10-26 or control of cancer, other than a physician, to the Texas Cancer
10-27 Council for a term expiring February 1, 2002; and
11-1 (3) the lieutenant governor shall appoint a licensed
11-2 health care professional active in the treatment or control of
11-3 cancer, other than a physician, to the Texas Cancer Council for a
11-4 term expiring February 1, 2004.
11-5 (c) Except as provided by Subsection (a) of this section,
11-6 the changes in law made by this Act in the qualifications of, and
11-7 the prohibitions applying to, members of the Texas Cancer Council
11-8 do not affect the entitlement of a member serving on the council
11-9 immediately before the effective date of this Act to continue to
11-10 carry out the functions of the council for the remainder of the
11-11 member's term. The changes in law apply only to a member appointed
11-12 on or after the effective date of this Act. This Act does not
11-13 prohibit a person who is a member of the council on the effective
11-14 date of this Act from being reappointed to the council if the
11-15 person has the qualifications required for a member under Chapter
11-16 102, Health and Safety Code, as amended by this Act.
11-17 SECTION 6. This Act takes effect September 1, 1999.
11-18 SECTION 7. The importance of this legislation and the
11-19 crowded condition of the calendars in both houses create an
11-20 emergency and an imperative public necessity that the
11-21 constitutional rule requiring bills to be read on three several
11-22 days in each house be suspended, and this rule is hereby suspended.