1-1 By: Bosse, Gray, McCall (Senate Sponsor - Madla) H.B. No. 1033
1-2 (In the Senate - Received from the House March 17, 1999;
1-3 March 25, 1999, read first time and referred to Committee on Health
1-4 Services; April 14, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; April 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the continuation and functions of the Texas Cancer
1-9 Council.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 102.002, 102.003, 102.004, and 102.0041,
1-12 Health and Safety Code, are amended to read as follows:
1-13 Sec. 102.002. TEXAS CANCER COUNCIL. The Texas Cancer
1-14 Council shall develop and work to implement the Texas Cancer Plan.
1-15 Sec. 102.003. SUNSET PROVISION. The Texas Cancer Council is
1-16 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
1-17 continued in existence as provided by that chapter, the council is
1-18 abolished and this chapter expires September 1, 2011 [1999].
1-19 Sec. 102.004. COMPOSITION OF COUNCIL. (a) The council is
1-20 composed of:
1-21 (1) [one member of the house of representatives,
1-22 appointed by the speaker of the house of representatives;]
1-23 [(2) one member of the senate, appointed by the
1-24 lieutenant governor;]
1-25 [(3) the chairman of the Texas Board of Human Services
1-26 or a representative appointed by the chairman;]
1-27 [(4)] the chairman of the Texas Board of Health, or a
1-28 representative appointed by the chairman, who serves as an ex
1-29 officio nonvoting member;
1-30 (2) [(5)] one physician active in the treatment of
1-31 cancer, appointed by the governor;
1-32 (3) [(6)] one physician active in the treatment of
1-33 cancer, appointed by the lieutenant governor;
1-34 (4) [(7)] one physician active in the treatment of
1-35 cancer, appointed by the speaker of the house of representatives;
1-36 (5) [(8)] one representative of a voluntary health
1-37 organization interested in cancer, appointed by the governor;
1-38 (6) [(9)] one representative of a voluntary health
1-39 organization interested in cancer, appointed by the lieutenant
1-40 governor;
1-41 (7) [(10)] one representative of a voluntary health
1-42 organization interested in cancer, appointed by the speaker of the
1-43 house of representatives;
1-44 (8) [(11)] one representative of a licensed health
1-45 care facility [public or private hospital] that treats a
1-46 significant number of cancer patients, appointed by the governor;
1-47 (9) [(12)] one representative of a licensed health
1-48 care facility [public or private hospital] that treats a
1-49 significant number of cancer patients, appointed by the lieutenant
1-50 governor;
1-51 (10) [(13)] one representative of a licensed health
1-52 care facility [public or private hospital] that treats a
1-53 significant number of cancer patients, appointed by the speaker of
1-54 the house of representatives;
1-55 (11) [(14)] one member of the public, appointed by the
1-56 governor;
1-57 (12) [(15)] one member of the public, appointed by the
1-58 lieutenant governor; [and]
1-59 (13) [(16)] one member of the public, appointed by the
1-60 speaker of the house of representatives;
1-61 (14) one licensed health care professional active in
1-62 the treatment or control of cancer, other than a physician,
1-63 appointed by the governor;
1-64 (15) one licensed health care professional active in
2-1 the treatment or control of cancer, other than a physician,
2-2 appointed by the lieutenant governor; and
2-3 (16) one licensed health care professional active in
2-4 the treatment or control of cancer, other than a physician,
2-5 appointed by the speaker of the house of representatives.
2-6 (b) In making appointments to the council, the governor,
2-7 lieutenant governor, and speaker of the house of representatives
2-8 should attempt to include cancer survivors and family members of
2-9 cancer patients if possible.
2-10 Sec. 102.0041. QUALIFICATIONS OF COUNCIL MEMBERS AND
2-11 EMPLOYEES. (a) In this section, "Texas trade association" means a
2-12 cooperative and voluntarily joined association of business or
2-13 professional competitors in this state designed to assist its
2-14 members and its industry or profession in dealing with mutual
2-15 business or professional problems and in promoting their common
2-16 interest. The term does not include a voluntary health
2-17 organization.
2-18 (b) A person may not be [is not eligible for appointment as]
2-19 a public member of the council if the person or the person's
2-20 spouse:
2-21 (1) is employed by or participates in the management
2-22 of a business entity or other organization receiving money from the
2-23 council;
2-24 (2) owns or controls, directly or indirectly, more
2-25 than a 10 percent interest in a business entity or other
2-26 organization receiving money [funds] from the council; or
2-27 (3) [(2)] uses or receives a substantial amount of
2-28 tangible goods, services, or money [funds] from the council, other
2-29 than compensation or reimbursement authorized by law for council
2-30 membership, attendance, or expenses.
2-31 (c) A person may not be a member of the council and may not
2-32 be a council employee employed in a "bona fide executive,
2-33 administrative, or professional capacity," as that phrase is used
2-34 for purposes of establishing an exemption to the overtime
2-35 provisions of the federal Fair Labor Standards Act of 1938 (29
2-36 U.S.C. Section 201 et seq.) and its subsequent amendments if:
2-37 (1) the person is an officer, employee, or paid
2-38 consultant of a Texas trade association in the field of cancer
2-39 control; or
2-40 (2) the person's spouse is an officer, manager, or
2-41 paid consultant of a Texas trade association in the field of cancer
2-42 control.
2-43 (d) [(b)] A person may not be a member of the council or act
2-44 as the general counsel to the council or the council's staff if the
2-45 person [who] is required to register as a lobbyist under Chapter
2-46 305, Government Code, because of the person's activities for
2-47 compensation [in or] on behalf of a profession related to the
2-48 operation of the council [may not serve as a member].
2-49 (e) [(c)] Appointments to the council shall be made without
2-50 regard to the race, color, disability, sex, religion, age, or
2-51 national origin of the appointees.
2-52 (f) [(d)] It is a ground for removal from the council that a
2-53 [if the] member:
2-54 (1) does not have at the time of taking office
2-55 [appointment] the qualifications required by Section 102.004 [in
2-56 this section for appointment to the council];
2-57 (2) does not maintain during [the member's] service on
2-58 the council the qualifications required by Section 102.004 [this
2-59 section for appointment to the council];
2-60 (3) is ineligible for membership under Subsections
2-61 (b)-(d) [violates a prohibition established by this section];
2-62 (4) cannot, because of illness or disability, [is
2-63 unable to] discharge the member's duties for a substantial part of
2-64 the member's term [for which the member was appointed because of
2-65 illness or disability]; or
2-66 (5) is absent from more than half of the regularly
2-67 scheduled council meetings [of the council] that the member is
2-68 eligible to attend during a [each] calendar year without an excuse
2-69 approved [or is absent from more than two consecutive regularly
3-1 scheduled council meetings that the member is eligible to attend,
3-2 except when the absence is excused] by a majority vote of the
3-3 council.
3-4 (g) The validity of an action of the council is not affected
3-5 by the fact that it is taken when a ground for removal of a council
3-6 member exists.
3-7 (h) [(e)] If the executive director [presiding officer of
3-8 the council] has knowledge that a potential ground for removal [of
3-9 a member of the council] exists, the executive director [presiding
3-10 officer] shall notify the presiding officer of the council of the
3-11 potential ground. The presiding officer shall then notify
3-12 [executive director and] the appointing authority and the attorney
3-13 general that a potential ground for removal exists. If the
3-14 potential ground for removal involves the presiding officer, the
3-15 executive director shall notify the next highest ranking officer of
3-16 the council, who shall then notify the appointing authority and the
3-17 attorney general that a potential ground for removal exists.
3-18 SECTION 2. Section 102.005(a), Health and Safety Code, is
3-19 amended to read as follows:
3-20 (a) Except for the ex officio [a] member of the council
3-21 [legislature or a representative of a state agency], council
3-22 members serve for staggered six-year terms, with the terms of five
3-23 [four] members expiring February 1 of each even-numbered year.
3-24 SECTION 3. Sections 102.006 and 102.008, Health and Safety
3-25 Code, are amended to read as follows:
3-26 Sec. 102.006. OFFICERS. The governor shall designate a
3-27 [appoint one] member of the council, other than the ex officio
3-28 member, as the presiding officer of the council to serve in that
3-29 capacity at the pleasure of the governor [as chairman].
3-30 Sec. 102.008. MEETINGS. (a) The council shall meet at the
3-31 call of the presiding officer [chairman].
3-32 (b) The council shall develop and implement policies that
3-33 provide the public with a reasonable opportunity to appear before
3-34 the council and to speak on any issue under the jurisdiction of the
3-35 council.
3-36 SECTION 4. Sections 102.009(a) and (b), Health and Safety
3-37 Code, are amended to read as follows:
3-38 (a) The council shall:
3-39 (1) work to implement the Texas Cancer Plan;
3-40 (2) continually monitor and revise the Texas Cancer
3-41 Plan as necessary;
3-42 (3) promote the development and coordination of
3-43 effective and efficient statewide public and private policies,
3-44 programs, and services related to cancer; and
3-45 (4) encourage cooperative, comprehensive, and
3-46 complementary planning among the public, private, and volunteer
3-47 sectors involved in cancer research, prevention, detection, and
3-48 treatment[; and]
3-49 [(5) report to the legislature not later than January
3-50 31 of each odd-numbered year].
3-51 (b) The council may:
3-52 (1) employ an executive director [and secretary];
3-53 (2) appoint advisory committees necessary to implement
3-54 the Texas Cancer Plan and employ necessary staff to provide
3-55 administrative support;
3-56 (3) monitor contracts and agreements for cancer
3-57 programs authorized by this chapter;
3-58 (4) conduct necessary studies and surveys;
3-59 (5) accept, transfer, and spend funds made available
3-60 by the federal or state government or by any other public or
3-61 private source, subject to limitations and conditions prescribed by
3-62 legislative appropriation; and
3-63 (6) use the existing staff of an appointed official or
3-64 agency to assist the council in performing its duties under this
3-65 chapter.
3-66 SECTION 5. Chapter 102, Health and Safety Code, is amended
3-67 by adding Sections 102.011 and 102.013-102.016 to read as follows:
3-68 Sec. 102.011. STANDARDS OF CONDUCT. The executive director
3-69 or the executive director's designee shall provide to members of
4-1 the council and to council employees, as often as necessary,
4-2 information regarding the requirements for office or employment
4-3 under this chapter, including information regarding a person's
4-4 responsibilities under applicable laws relating to standards of
4-5 conduct for state officers or employees.
4-6 Sec. 102.013. TRAINING. (a) A person who is appointed to
4-7 and qualifies for office as a member of the council may not vote,
4-8 deliberate, or be counted as a member in attendance at a meeting of
4-9 the council until the person completes a training program that
4-10 complies with this section.
4-11 (b) The training program must provide the person with
4-12 information regarding:
4-13 (1) the legislation that created the council;
4-14 (2) the programs operated by the council;
4-15 (3) the role and functions of the council;
4-16 (4) the rules of the council, with an emphasis on the
4-17 rules that relate to disciplinary and investigatory authority;
4-18 (5) the current budget for the council;
4-19 (6) the results of the most recent formal audit of the
4-20 council;
4-21 (7) the requirements of:
4-22 (A) the open meetings law, Chapter 551,
4-23 Government Code;
4-24 (B) the public information law, Chapter 552,
4-25 Government Code;
4-26 (C) the administrative procedure law, Chapter
4-27 2001, Government Code; and
4-28 (D) other laws relating to public officials,
4-29 including conflict of interest laws; and
4-30 (8) any applicable ethics policies adopted by the
4-31 council or the Texas Ethics Commission.
4-32 (c) A person appointed to the council is entitled to
4-33 reimbursement, as provided by the General Appropriations Act, for
4-34 the travel expenses incurred in attending the training program
4-35 regardless of whether the attendance at the program occurs before
4-36 or after the person qualifies for office.
4-37 Sec. 102.014. SEPARATION OF RESPONSIBILITIES. The council
4-38 shall develop and implement policies that clearly separate the
4-39 policymaking responsibilities of the council and the management
4-40 responsibilities of the executive director and the staff of the
4-41 council.
4-42 Sec. 102.015. COMPLAINTS. (a) The council shall maintain a
4-43 file on each written complaint filed with the council. The file
4-44 must include:
4-45 (1) the name of the person who filed the complaint;
4-46 (2) the date the complaint is received by the council;
4-47 (3) the subject matter of the complaint;
4-48 (4) the name of each person contacted in relation to
4-49 the complaint;
4-50 (5) a summary of the results of the review or
4-51 investigation of the complaint; and
4-52 (6) an explanation of the reason the file was closed,
4-53 if the council closed the file without taking action other than to
4-54 investigate the complaint.
4-55 (b) The council shall provide to the person filing the
4-56 complaint and to each person who is a subject of the complaint a
4-57 copy of the council's policies and procedures relating to complaint
4-58 investigation and resolution.
4-59 (c) The council, at least quarterly until final disposition
4-60 of the complaint, shall notify the person filing the complaint and
4-61 each person who is a subject of the complaint of the status of the
4-62 investigation unless the notice would jeopardize an undercover
4-63 investigation.
4-64 Sec. 102.016. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
4-65 executive director or the executive director's designee shall
4-66 prepare and maintain a written policy statement that implements a
4-67 program of equal employment opportunity to ensure that all
4-68 personnel decisions are made without regard to race, color,
4-69 disability, sex, religion, age, or national origin.
5-1 (b) The policy statement must include:
5-2 (1) personnel policies, including policies relating to
5-3 recruitment, evaluation, selection, training, and promotion of
5-4 personnel, that show the intent of the council to avoid the
5-5 unlawful employment practices described by Chapter 21, Labor Code;
5-6 and
5-7 (2) an analysis of the extent to which the composition
5-8 of the council's personnel is in accordance with state and federal
5-9 law and a description of reasonable methods to achieve compliance
5-10 with state and federal law.
5-11 (c) The policy statement must:
5-12 (1) be updated annually;
5-13 (2) be reviewed by the state Commission on Human
5-14 Rights for compliance with Subsection (b)(1); and
5-15 (3) be filed with the governor's office.
5-16 SECTION 6. (a) On the effective date of this Act, the
5-17 membership positions of the following persons on the Texas Cancer
5-18 Council are abolished and those persons cease to be members:
5-19 (1) the member of the house of representatives
5-20 appointed by the speaker of the house of representatives;
5-21 (2) the member of the senate appointed by the
5-22 lieutenant governor; and
5-23 (3) the chairman of the Texas Board of Human Services
5-24 or the representative appointed by the chairman.
5-25 (b) As soon as possible on or after the effective date of
5-26 this Act:
5-27 (1) the governor shall appoint a licensed health care
5-28 professional active in the treatment or control of cancer, other
5-29 than a physician, to the Texas Cancer Council for a term expiring
5-30 February 1, 2000;
5-31 (2) the speaker of the house of representatives shall
5-32 appoint a licensed health care professional active in the treatment
5-33 or control of cancer, other than a physician, to the Texas Cancer
5-34 Council for a term expiring February 1, 2002; and
5-35 (3) the lieutenant governor shall appoint a licensed
5-36 health care professional active in the treatment or control of
5-37 cancer, other than a physician, to the Texas Cancer Council for a
5-38 term expiring February 1, 2004.
5-39 (c) Except as provided by Subsection (a) of this section,
5-40 the changes in law made by this Act in the qualifications of, and
5-41 the prohibitions applying to, members of the Texas Cancer Council
5-42 do not affect the entitlement of a member serving on the council
5-43 immediately before the effective date of this Act to continue to
5-44 carry out the functions of the council for the remainder of the
5-45 member's term. The changes in law apply only to a member appointed
5-46 on or after the effective date of this Act. This Act does not
5-47 prohibit a person who is a member of the council on the effective
5-48 date of this Act from being reappointed to the council if the
5-49 person has the qualifications required for a member under Chapter
5-50 102, Health and Safety Code, as amended by this Act.
5-51 SECTION 7. This Act takes effect September 1, 1999.
5-52 SECTION 8. The importance of this legislation and the
5-53 crowded condition of the calendars in both houses create an
5-54 emergency and an imperative public necessity that the
5-55 constitutional rule requiring bills to be read on three several
5-56 days in each house be suspended, and this rule is hereby suspended.
5-57 * * * * *