76R9637 DLF-D
By Junell, Cuellar, Turner of Coleman, Cook, H.B. No. 1676
Delisi
Substitute the following for H.B. No. 1676:
By Junell C.S.H.B. No. 1676
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to permanent funds for certain public health purposes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter G, Chapter 403, Government Code, is
1-5 amended by adding Sections 403.105, 403.1055, 403.106, and 403.1065
1-6 to read as follows:
1-7 Sec. 403.105. PERMANENT FUND FOR TOBACCO EDUCATION AND
1-8 ENFORCEMENT. (a) The permanent fund for tobacco education and
1-9 enforcement is a special fund in the state treasury outside the
1-10 general revenue fund. The fund is composed of:
1-11 (1) money transferred to the fund at the direction of
1-12 the legislature;
1-13 (2) gifts and grants contributed to the fund; and
1-14 (3) the interest received from investment of money in
1-15 the fund.
1-16 (b) Except as provided by Subsections (c), (e), and (f),
1-17 money in the fund may not be appropriated for any purpose.
1-18 (c) The interest received from investment of the fund may be
1-19 appropriated to the Texas Department of Health for programs to
1-20 reduce the use of cigarettes and tobacco products in this state,
1-21 including:
1-22 (1) smoking cessation programs;
1-23 (2) enforcement of Subchapters H, K, and N, Chapter
1-24 161, Health and Safety Code, or other laws relating to distribution
2-1 of cigarettes or tobacco products to minors or use of cigarettes or
2-2 tobacco products by minors;
2-3 (3) public awareness programs relating to use of
2-4 cigarettes and tobacco products, including general educational
2-5 programs and programs directed toward youth; and
2-6 (4) specific programs for communities traditionally
2-7 targeted, by advertising and other means, by companies that sell
2-8 cigarettes or tobacco products.
2-9 (d) Subject to any applicable limit in the General
2-10 Appropriations Act, the Texas Department of Health may contract
2-11 with another entity to perform all or a part of the functions
2-12 described by Subsection (c) or may award grants to community
2-13 organizations, public institutions of higher education, as that
2-14 term is defined by Section 61.003, Education Code, or political
2-15 subdivisions to enable the organizations, institutions, or
2-16 political subdivisions to perform all or a part of those functions.
2-17 To ensure the most efficient, effective, and rapid delivery of
2-18 services, the Texas Board of Health shall give high priority and
2-19 preference to existing, effective state programs that do not
2-20 otherwise receive money from an endowment program funded by money
2-21 received under the Comprehensive Settlement Agreement and Release
2-22 filed in the case styled The State of Texas v. The American Tobacco
2-23 Co., et al., No. 5-96CV-91, in the United States District Court,
2-24 Eastern District of Texas. The board may adopt rules governing any
2-25 grant program established under this section.
2-26 (e) The comptroller may solicit and accept gifts and grants
2-27 to the fund. A gift or grant to the fund may be appropriated in
3-1 the same manner as the interest received from investment of the
3-2 fund, subject to any limitation or requirement placed on the gift
3-3 or grant by the donor or granting entity.
3-4 (f) Money in the fund may also be appropriated to pay any
3-5 amount of money that the federal government determines that the
3-6 state should repay to the federal government or that the federal
3-7 government should recoup from the state in the event of national
3-8 legislation regarding the subject matter of the case styled The
3-9 State of Texas v. The American Tobacco Co., et al., No. 5-96CV-91,
3-10 in the United States District Court, Eastern District of Texas.
3-11 (g) Sections 403.095 and 404.071 do not apply to the fund.
3-12 Sec. 403.1055. PERMANENT FUND FOR CHILDREN AND PUBLIC
3-13 HEALTH. (a) The permanent fund for children and public health is
3-14 a special fund in the state treasury outside the general revenue
3-15 fund. The fund is composed of:
3-16 (1) money transferred to the fund at the direction of
3-17 the legislature;
3-18 (2) gifts and grants contributed to the fund; and
3-19 (3) the interest received from investment of money in
3-20 the fund.
3-21 (b) Except as provided by Subsections (c), (e), and (f),
3-22 money in the fund may not be appropriated for any purpose.
3-23 (c) The interest received from investment of the fund may be
3-24 appropriated to the Texas Department of Health to establish a
3-25 foundation for the purpose of developing and demonstrating
3-26 cost-effective prevention and intervention strategies for improving
3-27 health outcomes for children and the public and for providing
4-1 grants to local communities to address public health priorities.
4-2 (d) The Texas Board of Health may adopt rules governing any
4-3 grant program established under this section.
4-4 (e) The comptroller may solicit and accept gifts and grants
4-5 to the fund. A gift or grant to the fund may be appropriated in
4-6 the same manner as the interest received from investment of the
4-7 fund, subject to any limitation or requirement placed on the gift
4-8 or grant by the donor or granting entity.
4-9 (f) Money in the fund may also be appropriated to pay any
4-10 amount of money that the federal government determines that the
4-11 state should repay to the federal government or that the federal
4-12 government should recoup from the state in the event of national
4-13 legislation regarding the subject matter of the case styled The
4-14 State of Texas v. The American Tobacco Co., et al., No. 5-96CV-91,
4-15 in the United States District Court, Eastern District of Texas.
4-16 (g) Sections 403.095 and 404.071 do not apply to the fund.
4-17 Sec. 403.106. PERMANENT FUND FOR EMERGENCY MEDICAL SERVICES
4-18 AND TRAUMA CARE. (a) The permanent fund for emergency medical
4-19 services and trauma care is a special fund in the state treasury
4-20 outside the general revenue fund. The fund is composed of:
4-21 (1) money transferred to the fund at the direction of
4-22 the legislature;
4-23 (2) gifts and grants contributed to the fund; and
4-24 (3) the interest received from investment of money in
4-25 the fund.
4-26 (b) Except as provided by Subsections (c), (e), and (f),
4-27 money in the fund may not be appropriated for any purpose.
5-1 (c) The interest received from investment of the fund may be
5-2 appropriated to the Texas Department of Health for programs to
5-3 provide emergency medical services and trauma care in this state.
5-4 (d) Subject to any applicable limit in the General
5-5 Appropriations Act, the Texas Department of Health may establish
5-6 programs to provide emergency medical services and trauma care in
5-7 this state, may contract with another entity to establish those
5-8 programs, or may award grants to political subdivisions to
5-9 establish or support those programs. The department may
5-10 consolidate any grant program established under this section with
5-11 other grant programs relating to the provision of emergency medical
5-12 services and trauma care. The Texas Board of Health may adopt
5-13 rules governing the grant program.
5-14 (e) The comptroller may solicit and accept gifts and grants
5-15 to the fund. A gift or grant to the fund may be appropriated in
5-16 the same manner as the interest received from investment of the
5-17 fund, subject to any limitation or requirement placed on the gift
5-18 or grant by the donor or granting entity.
5-19 (f) Money in the fund may also be appropriated to pay any
5-20 amount of money that the federal government determines that the
5-21 state should repay to the federal government or that the federal
5-22 government should recoup from the state in the event of national
5-23 legislation regarding the subject matter of the case styled The
5-24 State of Texas v. The American Tobacco Co., et al., No. 5-96CV-91,
5-25 in the United States District Court, Eastern District of Texas.
5-26 (g) Sections 403.095 and 404.071 do not apply to the fund.
5-27 Sec. 403.1065. PERMANENT FUND FOR RURAL HEALTH FACILITY
6-1 CAPITAL IMPROVEMENT. (a) The permanent fund for rural health
6-2 facility capital improvement is a special fund in the state
6-3 treasury outside the general revenue fund. The fund is composed
6-4 of:
6-5 (1) money transferred to the fund at the direction of
6-6 the legislature;
6-7 (2) payments of interest and principal on loans made
6-8 under Subchapter G, Chapter 106, Health and Safety Code, and fees
6-9 collected under that subchapter;
6-10 (3) gifts and grants contributed to the fund; and
6-11 (4) the interest received from investment of money in
6-12 the fund.
6-13 (b) Except as provided by Subsections (c), (d), and (e),
6-14 money in the fund may not be appropriated for any purpose.
6-15 (c) The interest received from investment of the fund may be
6-16 appropriated to the Center for Rural Health Initiatives for the
6-17 purposes of Subchapter G, Chapter 106, Health and Safety Code.
6-18 (d) The comptroller may solicit and accept gifts and grants
6-19 to the fund. A gift or grant to the fund may be appropriated in
6-20 the same manner as the interest received from investment of the
6-21 fund, subject to any limitation or requirement placed on the gift
6-22 or grant by the donor or granting entity.
6-23 (e) Money in the fund may also be appropriated to pay any
6-24 amount of money that the federal government determines that the
6-25 state should repay to the federal government or that the federal
6-26 government should recoup from the state in the event of national
6-27 legislation regarding the subject matter of the case styled The
7-1 State of Texas v. The American Tobacco Co., et al., No. 5-96CV-91,
7-2 in the United States District Court, Eastern District of Texas.
7-3 (f) Sections 403.095 and 404.071 do not apply to the fund.
7-4 SECTION 2. Chapter 106, Health and Safety Code, is amended
7-5 by adding Subchapter G to read as follows:
7-6 SUBCHAPTER G. RURAL HEALTH FACILITY CAPITAL IMPROVEMENT
7-7 Sec. 106.201. DEFINITIONS. In this subchapter:
7-8 (1) "Public hospital" means a general or special
7-9 hospital licensed under Chapter 241 that is owned or operated by a
7-10 municipality, county, municipality and county, hospital district,
7-11 or hospital authority and that performs inpatient or outpatient
7-12 services.
7-13 (2) "Rural county" means a county that:
7-14 (A) has a population of 50,000 or less; or
7-15 (B) has a population of more than 50,000 but:
7-16 (i) does not have located within the
7-17 county more than 150 hospital beds in general or special hospitals
7-18 licensed under Chapter 241; and
7-19 (ii) was not, based on the 1990 federal
7-20 census, completely included within an urbanized area by the Bureau
7-21 of the Census of the United States Department of Commerce.
7-22 Sec. 106.202. POWERS OF CENTER. In administering this
7-23 subchapter, the center may:
7-24 (1) enter into and enforce contracts and execute and
7-25 deliver conveyances and other instruments necessary to make and
7-26 administer grants and loans under this subchapter;
7-27 (2) employ personnel and counsel necessary to
8-1 implement this subchapter and pay them from money in the fund
8-2 appropriated for that purpose;
8-3 (3) impose and collect reasonable fees and charges in
8-4 connection with grants and loans made under this subchapter and
8-5 provide reasonable penalties for delinquent payment of fees,
8-6 charges, or loan repayments;
8-7 (4) take and enforce a mortgage or appropriate
8-8 security interest in real or personal property that a loan
8-9 recipient acquires with the proceeds of a loan made under this
8-10 subchapter; and
8-11 (5) adopt rules necessary to implement the grant and
8-12 loan program.
8-13 Sec. 106.203. GRANT AND LOAN PROGRAM. (a) The center may
8-14 use money appropriated to the center under Section 403.1065,
8-15 Government Code, to make a grant or low interest loan to a
8-16 municipality, county, municipality and county, hospital district,
8-17 or hospital authority that owns or operates a public hospital
8-18 located in a rural county.
8-19 (b) A grant or loan recipient may use the money only to make
8-20 capital improvements to existing public health facilities located
8-21 in a rural county, to construct new public health facilities in a
8-22 rural county, or to purchase capital equipment, including
8-23 information systems hardware and software, for a public health
8-24 facility located in a rural county.
8-25 Sec. 106.204. ELIGIBILITY FOR GRANT OR LOAN; INTEREST RATE.
8-26 (a) The center shall adopt rules that establish eligibility
8-27 criteria for receiving a loan or grant under this subchapter.
9-1 (b) The rules must state generally the factors the center
9-2 will consider in determining whether an applicant should receive a
9-3 grant or loan. The rules must allow the center to consider at least
9-4 the financial need of the applicant, the health care needs of the
9-5 rural area served by the applicant, and the probability that the
9-6 applicant will effectively and efficiently use the grant or loan to
9-7 meet the health care needs of the rural area served by the
9-8 applicant.
9-9 (c) The rules must state generally the factors the center
9-10 will consider in determining the extent to which the interest rate
9-11 on a loan should be below market rates.
9-12 SECTION 3. On the effective date of this Act, the
9-13 comptroller shall transfer:
9-14 (1) $200 million from the general revenue fund to the
9-15 permanent fund for tobacco education and enforcement established
9-16 by Section 403.105, Government Code, as added by this Act;
9-17 (2) $150 million from the general revenue fund to the
9-18 permanent fund for children and public health established by
9-19 Section 403.1055, Government Code, as added by this Act;
9-20 (3) $100 million from the general revenue fund to the
9-21 permanent fund for emergency medical services and trauma care
9-22 established by Section 403.106, Government Code, as added by this
9-23 Act; and
9-24 (4) $50 million from the general revenue fund to the
9-25 permanent fund for rural health facility capital improvement
9-26 established by Section 403.1065, Government Code, as added by this
9-27 Act.
10-1 SECTION 4. This Act takes effect August 31, 1999.
10-2 SECTION 5. The importance of this legislation and the
10-3 crowded condition of the calendars in both houses create an
10-4 emergency and an imperative public necessity that the
10-5 constitutional rule requiring bills to be read on three several
10-6 days in each house be suspended, and this rule is hereby suspended.