1-1 AN ACT
1-2 relating to local public health services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 121.002, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 121.002. DEFINITIONS [DEFINITION]. In this chapter:
1-7 (1) "Essential public health services" means services
1-8 to:
1-9 (A) monitor the health status of individuals in
1-10 the community to identify community health problems;
1-11 (B) diagnose and investigate community health
1-12 problems and community health hazards;
1-13 (C) inform, educate, and empower the community
1-14 with respect to health issues;
1-15 (D) mobilize community partnerships in
1-16 identifying and solving community health problems;
1-17 (E) develop policies and plans that support
1-18 individual and community efforts to improve health;
1-19 (F) enforce laws and rules that protect the
1-20 public health and ensure safety in accordance with those laws and
1-21 rules;
1-22 (G) link individuals who have a need for
1-23 community and personal health services to appropriate community and
1-24 private providers;
2-1 (H) ensure a competent workforce for the
2-2 provision of essential public health services;
2-3 (I) research new insights and innovative
2-4 solutions to community health problems; and
2-5 (J) evaluate the effectiveness, accessibility,
2-6 and quality of personal and population-based health services in a
2-7 community.
2-8 (2) "Physician" [, "physician"] means a person
2-9 licensed to practice medicine by the Texas State Board of Medical
2-10 Examiners.
2-11 SECTION 2. Subchapter A, Chapter 121, Health and Safety
2-12 Code, is amended by adding Sections 121.0065, 121.0066, and
2-13 121.0067 to read as follows:
2-14 Sec. 121.0065. GRANTS FOR ESSENTIAL PUBLIC HEALTH SERVICES.
2-15 (a) Subject to the availability of funds, the department shall
2-16 administer a program under which appropriated money may be granted
2-17 to counties, municipalities, public health districts, and other
2-18 political subdivisions for use by the counties, municipalities,
2-19 public health districts, and other political subdivisions to
2-20 provide or pay for essential public health services.
2-21 (b) The grants authorized by Subsection (a) shall be
2-22 distributed equally between urban and rural areas of the state.
2-23 (c) The board shall adopt rules governing:
2-24 (1) the allocation formula for grants awarded under
2-25 this section;
2-26 (2) the manner in which a municipality, county, public
2-27 health district, or other political subdivision applies for a
3-1 grant;
3-2 (3) the procedures for awarding grants; and
3-3 (4) the minimum essential public health services to be
3-4 provided under the grant and other standards applicable to the
3-5 services to be provided under the grant.
3-6 (d) A municipality, county, public health district, or other
3-7 political subdivision that receives a grant under this section, in
3-8 consultation with the department, shall develop a plan to evaluate
3-9 the effectiveness, accessibility, and quality of the essential
3-10 public health services that are provided under the grant. The plan
3-11 must:
3-12 (1) identify the outcomes that are intended to result
3-13 from the use of the grant money and establish a mechanism to
3-14 measure those outcomes; and
3-15 (2) establish performance standards for the delivery
3-16 of essential public health services and a mechanism to measure
3-17 compliance with those standards.
3-18 (e) The governing body of the municipality, the
3-19 commissioners court of the county, or the members of a public
3-20 health district may appoint a local health board to monitor the use
3-21 of the money received under this section.
3-22 (f) A public health board established under Section 121.034
3-23 or 121.046 may serve as the local health board authorized under
3-24 Subsection (e).
3-25 (g) The governing body of the municipality or the
3-26 commissioners court of a county may serve as the local health board
3-27 authorized under Subsection (e). If the governing body of the
4-1 municipality or the commissioners court of the county elects to
4-2 serve as the local health board, the governing body or
4-3 commissioners court may appoint an advisory committee to advise the
4-4 governing body or commissioners court with respect to the use of
4-5 the money granted under this section.
4-6 (h) Chapter 783, Government Code, and standards adopted
4-7 under that chapter control if applicable to a grant made under this
4-8 section.
4-9 Sec. 121.0066. ESSENTIAL PUBLIC HEALTH SERVICES PROVIDED BY
4-10 DEPARTMENT. (a) Subject to the availability of funds, the
4-11 department may provide essential public health services for a
4-12 population for which a municipality, county, public health
4-13 district, or other political subdivision is not receiving a grant
4-14 to provide those services under Section 121.0065.
4-15 (b) Subject to the availability of funds, the department
4-16 shall develop a plan that complies with Section 121.0065(d) to
4-17 evaluate the effectiveness, accessibility, and quality of essential
4-18 public health services provided under this section.
4-19 Sec. 121.0067. EVALUATION AND REPORT OF DELIVERY OF
4-20 ESSENTIAL PUBLIC HEALTH SERVICES. (a) The department, in
4-21 cooperation with municipalities, counties, public health districts,
4-22 and other political subdivisions that receive grants under Section
4-23 121.0065, and the consortium established under Subchapter F, shall
4-24 evaluate:
4-25 (1) the effectiveness, accessibility, and quality of
4-26 essential public health services provided under the grant program
4-27 established by Section 121.0065 and under Section 121.0066; and
5-1 (2) the adequacy of funding for those services.
5-2 (b) Not later than January 1 of each odd-numbered year, the
5-3 department shall file with the governor and the presiding officer
5-4 of each house of the legislature a report detailing the results of
5-5 the evaluation conducted under Subsection (a). The report must
5-6 include recommendations relating to:
5-7 (1) legislation to improve the effectiveness,
5-8 accessibility, and quality of essential public health services; and
5-9 (2) appropriate funding for those services.
5-10 SECTION 3. Section 121.007(c), Health and Safety Code, is
5-11 amended to read as follows:
5-12 (c) The board or its designee may require a regional
5-13 director to perform the duties of a health authority. The regional
5-14 director may perform those duties, as authorized by the board or
5-15 commissioner, in a jurisdiction in the region in which[:]
5-16 [(1) there is no health authority; or]
5-17 [(2)] the health authority fails to perform duties
5-18 prescribed by the board under Section 121.024. The regional
5-19 director shall perform the duties of a health authority in a
5-20 jurisdiction in the region in which there is not a health
5-21 authority.
5-22 SECTION 4. Section 121.028, Health and Safety Code, is
5-23 amended to read as follows:
5-24 Sec. 121.028. APPOINTMENT OF HEALTH AUTHORITY. (a) The
5-25 governing body of a municipality or the commissioners court of a
5-26 county that has not established a local health department or a
5-27 public health district may appoint a physician as health authority
6-1 to administer state and local laws relating to public health in the
6-2 municipality's or county's jurisdiction.
6-3 (b) The governing body of a municipality or the
6-4 commissioners court of a county described by Subsection (a) that is
6-5 receiving a grant under Section 121.0065 shall appoint a physician
6-6 as health authority.
6-7 (c) An individual appointed to serve as health authority for
6-8 a county or municipality may serve as the health authority for one
6-9 or more other jurisdictions under an interlocal contract made in
6-10 accordance with Chapter 791, Government Code.
6-11 SECTION 5. Section 121.032, Health and Safety Code, is
6-12 amended to read as follows:
6-13 Sec. 121.032. POWERS AND DUTIES. [(a)] A local health
6-14 department may perform all public health functions that the
6-15 municipality or county that establishes the local health department
6-16 may perform.
6-17 [(b) For purposes of Section 121.005, a local health
6-18 department shall be identified by its program of public health
6-19 services and shall, at a minimum, provide:]
6-20 [(1) personal health promotion and maintenance
6-21 services;]
6-22 [(2) infectious disease control and prevention
6-23 services;]
6-24 [(3) environmental and consumer health programs for
6-25 the enforcement of health and safety laws relating to food, water,
6-26 waste control, general sanitation, and vector control;]
6-27 [(4) public health education and information services;]
7-1 [(5) laboratory services; and]
7-2 [(6) administrative services.]
7-3 SECTION 6. Chapter 121, Health and Safety Code, is amended
7-4 by adding Subchapter F to read as follows:
7-5 SUBCHAPTER F. PUBLIC HEALTH CONSORTIUM
7-6 Sec. 121.101. DEFINITION. In this chapter, "consortium"
7-7 means the public health consortium established under this
7-8 subchapter.
7-9 Sec. 121.102. CONSORTIUM ESTABLISHED. Subject to
7-10 availability of funds, the department shall establish a public
7-11 health consortium composed of:
7-12 (1) The University of Texas Health Science Center at
7-13 San Antonio;
7-14 (2) The University of Texas M. D. Anderson Cancer
7-15 Center;
7-16 (3) The University of Texas Southwestern Medical
7-17 Center at Dallas;
7-18 (4) The University of Texas Medical Branch at
7-19 Galveston;
7-20 (5) The University of Texas Health Science Center at
7-21 Houston;
7-22 (6) The University of Texas Health Science Center at
7-23 Tyler;
7-24 (7) the Texas Tech University Health Sciences Center;
7-25 (8) The Texas A&M University Health Science Center;
7-26 (9) the University of North Texas Health Science
7-27 Center at Fort Worth; and
8-1 (10) any other public institution of higher education
8-2 that elects to participate in the consortium.
8-3 Sec. 121.103. GENERAL DUTIES. (a) Subject to the
8-4 availability of funds, the department, in consultation with the
8-5 consortium and local health units, local health departments, and
8-6 public health districts, shall:
8-7 (1) develop curricula to provide training to public
8-8 health workers;
8-9 (2) conduct research on improving health status
8-10 outcomes and methods of monitoring those outcomes;
8-11 (3) develop performance standards for local health
8-12 units, local health departments, and public health districts;
8-13 (4) develop competency certification standards for
8-14 public health workers; and
8-15 (5) study the technology infrastructure available to
8-16 local health units, local health departments, and public health
8-17 districts and improve the use of this infrastructure to permit:
8-18 (A) statewide communication relating to disease
8-19 surveillance and reporting of public health information; and
8-20 (B) immediate access to public health
8-21 information and collaboration among public health professionals.
8-22 (b) The training curricula described by Subsection (a)(1)
8-23 may include training for local health authorities.
8-24 SECTION 7. Chapter 437, Health and Safety Code, is amended
8-25 by adding Section 437.0075 to read as follows:
8-26 Sec. 437.0075. FOOD MANAGERS IN CERTAIN POPULOUS COUNTIES.
8-27 (a) A county with a population of at least 2.8 million may require
9-1 a trained food manager to be on duty during the operating hours of
9-2 a food establishment.
9-3 (b) The training required of food managers can be no more
9-4 extensive than that specified under Subchapter D, Chapter 438.
9-5 (c) A food establishment that handles only prepackaged food
9-6 and does not prepare or package food may not be required to have a
9-7 certified food manager under this section.
9-8 SECTION 8. Sections 121.007(d) and (e), Health and Safety
9-9 Code, are repealed.
9-10 SECTION 9. The importance of this legislation and the
9-11 crowded condition of the calendars in both houses create an
9-12 emergency and an imperative public necessity that the
9-13 constitutional rule requiring bills to be read on three several
9-14 days in each house be suspended, and this rule is hereby suspended,
9-15 and that this Act take effect and be in force from and after its
9-16 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1444 was passed by the House on May
6, 1999, by the following vote: Yeas 139, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1444 on May 26, 1999, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1444 on May 29, 1999, by the following vote: Yeas 143,
Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1444 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1444 on May 30, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor