76R12929 E
By Delisi, Gray, Hilderbran, Coleman, H.B. No. 1444
Cuellar, et al.
Substitute the following for H.B. No. 1444:
By Delisi C.S.H.B. No. 1444
A BILL TO BE ENTITLED
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, and public health districts for use by
2-18 the counties, municipalities, and public health districts to
2-19 provide or pay for essential public health services.
2-20 (b) The board shall adopt rules governing:
2-21 (1) the allocation formula for grants awarded under
2-22 this section;
2-23 (2) the manner in which a municipality, county, or
2-24 public health district applies for a grant;
2-25 (3) the procedures for awarding grants; and
2-26 (4) the minimum essential public health services to be
2-27 provided under the grant and other standards applicable to the
3-1 services to be provided under the grant.
3-2 (c) A municipality, county, or public health district that
3-3 receives a grant under this section, in consultation with the
3-4 department, shall develop a plan to evaluate the effectiveness,
3-5 accessibility, and quality of the essential public health services
3-6 that are provided under the grant. The plan must:
3-7 (1) identify the outcomes that are intended to result
3-8 from the use of the grant money and establish a mechanism to
3-9 measure those outcomes; and
3-10 (2) establish performance standards for the delivery
3-11 of essential public health services and a mechanism to measure
3-12 compliance with those standards.
3-13 (d) The governing body of the municipality, the
3-14 commissioners court of the county, or the members of a public
3-15 health district may appoint a local health board to monitor the use
3-16 of the money received under this section.
3-17 (e) A public health board established under Section 121.034
3-18 or 121.046 may serve as the local health board authorized under
3-19 Subsection (d).
3-20 (f) The governing body of the municipality or the
3-21 commissioners court of a county may serve as the local health board
3-22 authorized under Subsection (d). If the governing body of the
3-23 municipality or the commissioners court of the county elects to
3-24 serve as the local health board, the governing body or
3-25 commissioners court may appoint an advisory committee to advise the
3-26 governing body or commissioners court with respect to the use of
3-27 the money granted under this section.
4-1 (g) Chapter 783, Government Code, and standards adopted
4-2 under that chapter control if applicable to a grant made under this
4-3 section.
4-4 Sec. 121.0066. ESSENTIAL PUBLIC HEALTH SERVICES PROVIDED BY
4-5 DEPARTMENT. (a) Subject to the availability of funds, the
4-6 department may provide essential public health services for a
4-7 population for which a municipality, county, or public health
4-8 district is not receiving a grant to provide those services under
4-9 Section 121.0065.
4-10 (b) Subject to the availability of funds, the department
4-11 shall develop a plan that complies with Section 121.0065(c) to
4-12 evaluate the effectiveness, accessibility, and quality of essential
4-13 public health services provided under this section.
4-14 Sec. 121.0067. EVALUATION AND REPORT OF DELIVERY OF
4-15 ESSENTIAL PUBLIC HEALTH SERVICES. (a) The department, in
4-16 cooperation with municipalities, counties, public health districts
4-17 that receive grants under Section 121.0065, and the consortium
4-18 established under Subchapter F, shall evaluate:
4-19 (1) the effectiveness, accessibility, and quality of
4-20 essential public health services provided under the grant program
4-21 established by Section 121.0065 and under Section 121.0066; and
4-22 (2) the adequacy of funding for those services.
4-23 (b) Not later than January 1 of each odd-numbered year, the
4-24 department shall file with the governor and the presiding officer
4-25 of each house of the legislature a report detailing the results of
4-26 the evaluation conducted under Subsection (a). The report must
4-27 include recommendations relating to:
5-1 (1) legislation to improve the effectiveness,
5-2 accessibility, and quality of essential public health services; and
5-3 (2) appropriate funding for those services.
5-4 SECTION 3. Section 121.007(c), Health and Safety Code, is
5-5 amended to read as follows:
5-6 (c) The board or its designee may require a regional
5-7 director to perform the duties of a health authority. The regional
5-8 director may perform those duties, as authorized by the board or
5-9 commissioner, in a jurisdiction in the region in which[:]
5-10 [(1) there is no health authority; or]
5-11 [(2)] the health authority fails to perform duties
5-12 prescribed by the board under Section 121.024. The regional
5-13 director shall perform the duties of a health authority in a
5-14 jurisdiction in the region in which there is not a health
5-15 authority.
5-16 SECTION 4. Section 121.028, Health and Safety Code, is
5-17 amended to read as follows:
5-18 Sec. 121.028. APPOINTMENT OF HEALTH AUTHORITY. (a) The
5-19 governing body of a municipality or the commissioners court of a
5-20 county that has not established a local health department or a
5-21 public health district may appoint a physician as health authority
5-22 to administer state and local laws relating to public health in the
5-23 municipality's or county's jurisdiction.
5-24 (b) The governing body of a municipality or the
5-25 commissioners court of a county described by Subsection (a) that is
5-26 receiving a grant under Section 121.0065 shall appoint a physician
5-27 as health authority.
6-1 (c) An individual appointed to serve as health authority for
6-2 a county or municipality may serve as the health authority for one
6-3 or more other jurisdictions under an interlocal contract made in
6-4 accordance with Chapter 791, Government Code.
6-5 SECTION 5. Section 121.032, Health and Safety Code, is
6-6 amended to read as follows:
6-7 Sec. 121.032. POWERS AND DUTIES. [(a)] A local health
6-8 department may perform all public health functions that the
6-9 municipality or county that establishes the local health department
6-10 may perform.
6-11 [(b) For purposes of Section 121.005, a local health
6-12 department shall be identified by its program of public health
6-13 services and shall, at a minimum, provide:]
6-14 [(1) personal health promotion and maintenance
6-15 services;]
6-16 [(2) infectious disease control and prevention
6-17 services;]
6-18 [(3) environmental and consumer health programs for
6-19 the enforcement of health and safety laws relating to food, water,
6-20 waste control, general sanitation, and vector control;]
6-21 [(4) public health education and information services;]
6-22 [(5) laboratory services; and]
6-23 [(6) administrative services.]
6-24 SECTION 6. Chapter 121, Health and Safety Code, is amended
6-25 by adding Subchapter F to read as follows:
6-26 SUBCHAPTER F. PUBLIC HEALTH CONSORTIUM
6-27 Sec. 121.101. DEFINITION. In this chapter, "consortium"
7-1 means the public health consortium established under this
7-2 subchapter.
7-3 Sec. 121.102. CONSORTIUM ESTABLISHED. Subject to
7-4 availability of funds, the department shall establish a public
7-5 health consortium composed of:
7-6 (1) The University of Texas Health Science Center at
7-7 San Antonio;
7-8 (2) The University of Texas M. D. Anderson Cancer
7-9 Center;
7-10 (3) The University of Texas Southwestern Medical
7-11 Center at Dallas;
7-12 (4) The University of Texas Medical Branch at
7-13 Galveston;
7-14 (5) The University of Texas Health Science Center at
7-15 Houston;
7-16 (6) The University of Texas Health Science Center at
7-17 Tyler;
7-18 (7) the Texas Tech University Health Sciences Center;
7-19 (8) The Texas A&M University Health Science Center;
7-20 (9) the University of North Texas Health Science
7-21 Center at Fort Worth; and
7-22 (10) any other public institution of higher education
7-23 that elects to participate in the consortium.
7-24 Sec. 121.103. GENERAL DUTIES. (a) Subject to the
7-25 availability of funds, the department, in consultation with the
7-26 consortium and local health units, local health departments, and
7-27 public health districts, shall:
8-1 (1) develop curricula to provide training to public
8-2 health workers;
8-3 (2) conduct research on improving health status
8-4 outcomes and methods of monitoring those outcomes;
8-5 (3) develop performance standards for local health
8-6 units, local health departments, and public health districts;
8-7 (4) develop competency certification standards for
8-8 public health workers; and
8-9 (5) study the technology infrastructure available to
8-10 local health units, local health departments, and public health
8-11 districts and improve the use of this infrastructure to permit:
8-12 (A) statewide communication relating to disease
8-13 surveillance and reporting of public health information; and
8-14 (B) immediate access to public health
8-15 information and collaboration among public health professionals.
8-16 (b) The training curricula described by Subsection (a)(1)
8-17 may include training for local health authorities.
8-18 SECTION 7. Sections 121.007(d) and (e), Health and Safety
8-19 Code, are repealed.
8-20 SECTION 8. The importance of this legislation and the
8-21 crowded condition of the calendars in both houses create an
8-22 emergency and an imperative public necessity that the
8-23 constitutional rule requiring bills to be read on three several
8-24 days in each house be suspended, and this rule is hereby suspended,
8-25 and that this Act take effect and be in force from and after its
8-26 passage, and it is so enacted.