By Delisi                                             H.B. No. 1311
         76R5303 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the Council on Cardiovascular Disease
 1-3     and Stroke to develop a program to prevent cardiovascular disease
 1-4     and stroke.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
 1-7     amended by adding Chapter 93 to read as follows:
 1-8         CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE
 1-9                      SUBCHAPTER A. GENERAL PROVISIONS
1-10           Sec. 93.001.  DEFINITIONS.  In this chapter:
1-11                 (1)  "Cardiovascular disease" means the group of
1-12     diseases that target the heart and blood vessels and that are the
1-13     result of complex interactions between multiple inherited traits
1-14     and environmental factors.
1-15                 (2)  "Council" means the Council on Cardiovascular
1-16     Disease and Stroke.
1-17           Sec. 93.002.  APPOINTMENT OF COUNCIL; TERMS OF MEMBERS.  (a)
1-18     The Council on Cardiovascular Disease and Stroke is composed of 12
1-19     members appointed by the board.
1-20           (b)  Members of the council serve staggered six-year terms
1-21     with the terms of one-third of the members expiring February 1 of
1-22     each odd-numbered year.
1-23           Sec. 93.003.  COMPENSATION; REIMBURSEMENT.  (a)  A member of
1-24     the council may not receive compensation for service on the council
 2-1     and, except as provided by Subsection (b), may not be reimbursed
 2-2     for travel expenses incurred while conducting the business of the
 2-3     council.
 2-4           (b)  The commissioner may authorize reimbursement of the
 2-5     travel expenses incurred by a member while conducting the business
 2-6     of the council, as provided in the General Appropriations Act, if
 2-7     the commissioner finds on application of the member that travel for
 2-8     council business imposes a financial hardship on the member.
 2-9           Sec. 93.004.  DUTIES OF DEPARTMENT; FUNDS.  The department
2-10     shall accept funds appropriated for the purposes of this chapter
2-11     and shall allocate those funds.  The council shall make
2-12     recommendations to the department concerning the allocation of
2-13     funds.
2-14           Sec. 93.005.  CONSULTANTS; ADVISORY COMMITTEE.  To advise and
2-15     assist the council with respect to the council's duties under this
2-16     chapter, the council may appoint one or more:
2-17                 (1)  consultants to the council; or
2-18                 (2)  advisory committees under Chapter 2110, Government
2-19     Code.
2-20           Sec. 93.006.  REPORT TO BOARD AND LEGISLATURE.  (a)  Not
2-21     later than January 15 of each year, the council shall report to the
2-22     board on the activities of the council in the preceding calendar
2-23     year.
2-24           (b)  Not later than January 15 of each odd-numbered year, the
2-25     council shall report to the lieutenant governor and the speaker of
2-26     the house of representatives on the activities of the council in
2-27     the preceding two calendar years.
 3-1               (Sections 93.007-93.050 reserved for expansion
 3-2                 SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL
 3-3           Sec. 93.051.  CARDIOVASCULAR DISEASE AND STROKE PREVENTION
 3-4     PLAN; DUTIES OF COUNCIL.  The council shall develop an effective
 3-5     and resource-efficient plan to reduce the morbidity, mortality, and
 3-6     economic burden of cardiovascular disease and stroke in this state.
 3-7     The council shall:
 3-8                 (1)  conduct health education, public awareness, and
 3-9     community outreach activities that relate to cardiovascular disease
3-10     and stroke;
3-11                 (2)  promote, enhance, and coordinate  health
3-12     education, public awareness, and community outreach activities that
3-13     relate to cardiovascular disease and stroke and that are provided
3-14     by private and other public organizations;
3-15                 (3)  coordinate activities with other entities that are
3-16     concerned with medical conditions that are similar to
3-17     cardiovascular disease and stroke or that have similar risk
3-18     factors;
3-19                 (4)  identify to health care providers, employers,
3-20     schools, community health centers, and other groups the benefits of
3-21     encouraging treatment, prevention, and public awareness of
3-22     cardiovascular disease and stroke and recognize innovative and
3-23     effective programs that achieve the objectives of improved
3-24     treatment, prevention, and public awareness;
3-25                 (5)  provide guidance regarding the roles and
3-26     responsibilities of government agencies, health care providers,
3-27     employers, third-party payers, patients, and families of patients
 4-1     in the treatment, prevention, and public awareness of
 4-2     cardiovascular disease and stroke;
 4-3                 (6)  improve access to treatment for and prevention of
 4-4     cardiovascular disease and stroke through public awareness
 4-5     programs, including access for uninsured individuals and
 4-6     individuals living in rural or underserved areas;
 4-7                 (7)  assist communities to develop comprehensive local
 4-8     cardiovascular disease and stroke prevention programs;
 4-9                 (8)  assist the Texas Education Agency and local school
4-10     districts to promote a public school curriculum that includes
4-11     physical, nutritional, and health education relating to
4-12     cardiovascular disease and stroke prevention; and
4-13                 (9)  evaluate and enhance the implementation and
4-14     effectiveness of the program developed under this chapter.
4-15           Sec. 93.052.  DATABASE OF CLINICAL RESOURCES.  The council
4-16     shall review available clinical resources and shall develop a
4-17     database of recommendations for appropriate care and treatment of
4-18     patients with cardiovascular disease or who have suffered from or
4-19     are at risk for  stroke. The council shall make the database
4-20     accessible to the public.
4-21           Sec. 93.053.  CARDIOVASCULAR DISEASE AND STROKE DATABASE.
4-22     (a)  The council shall collect and analyze information related to
4-23     cardiovascular disease and stroke at the state and regional level,
4-24     and, to the extent feasible, at the local level. The council shall
4-25     maintain a database of this information.
4-26           (b)  The database may include:
4-27                 (1)  information related to behavioral risk factors
 5-1     identified for cardiovascular disease and stroke;
 5-2                 (2)  morbidity and mortality rates for cardiovascular
 5-3     disease and stroke; and
 5-4                 (3)  community indicators relevant to cardiovascular
 5-5     disease and stroke.
 5-6           (c)  In compiling the database, the council may use
 5-7     information available from other sources, such as the Behavioral
 5-8     Risk Factor Surveillance System established by  The Centers for
 5-9     Disease Control and Prevention, reports of hospital discharge data,
5-10     and information included in death certificates.
5-11           (d)  As necessary to accomplish the purposes of this chapter,
5-12     the council may identify additional information to be included in
5-13     the database. To the extent that information is available, the
5-14     council may collect the information and include the information in
5-15     the database.
5-16           Sec. 93.054.  INFORMATION RECEIVED FROM ANOTHER STATE AGENCY;
5-17     CONFIDENTIALITY.  (a)  To perform its duties under this chapter,
5-18     the  council may request and receive information in the possession
5-19     of any state agency.  In addition to the restriction imposed by
5-20     Subsection (b), information provided to the council under this
5-21     subsection is subject to any restriction on disclosure or use of
5-22     the information that is imposed by law on the agency from which the
5-23     council obtained the information.
5-24           (b)  Information in the possession of the council that
5-25     identifies a patient or that is otherwise confidential under law is
5-26     confidential, is excepted from required public disclosure under
5-27     Chapter 552, Government Code, and may not be disclosed for any
 6-1     purpose.
 6-2           SECTION 2.  In appointing the initial members of the Council
 6-3     on Cardiovascular Disease and Stroke, the commissioner of public
 6-4     health shall appoint four persons to terms expiring February 1,
 6-5     2001; four to terms expiring February 1, 2003; and four to terms
 6-6     expiring February 1, 2005.
 6-7           SECTION 3.  The importance of this legislation and the
 6-8     crowded condition of the calendars in both houses create an
 6-9     emergency and an imperative public necessity that the
6-10     constitutional rule requiring bills to be read on three several
6-11     days in each house be suspended, and this rule is hereby suspended,
6-12     and that this Act take effect and be in force from and after its
6-13     passage, and it is so enacted.