By Junell H.B. No. 1676
76R2686 DLF-D
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) and (e), money in
1-17 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; and
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.
2-6 (d) Subject to any applicable limit in the General
2-7 Appropriations Act, the Texas Department of Health may contract
2-8 with another entity to perform all or a part of the functions
2-9 described by Subsection (c) or may award grants to community
2-10 organizations or political subdivisions to enable the organizations
2-11 or political subdivisions to perform all or a part of those
2-12 functions. The Texas Board of Health may adopt rules governing any
2-13 grant program established under this section.
2-14 (e) The comptroller may solicit and accept gifts and grants
2-15 to the fund. A gift or grant to the fund may be appropriated in
2-16 the same manner as the interest received from investment of the
2-17 fund, subject to any limitation or requirement placed on the gift
2-18 or grant by the donor or granting entity.
2-19 (f) Sections 403.095 and 404.071 do not apply to the fund.
2-20 Sec. 403.1055. PERMANENT FUND FOR CHILDREN AND PUBLIC
2-21 HEALTH. (a) The permanent fund for children and public health is
2-22 a special fund in the state treasury outside the general revenue
2-23 fund. The fund is composed of:
2-24 (1) money transferred to the fund at the direction of
2-25 the legislature;
2-26 (2) gifts and grants contributed to the fund; and
2-27 (3) the interest received from investment of money in
3-1 the fund.
3-2 (b) Except as provided by Subsections (c) and (e), money in
3-3 the fund may not be appropriated for any purpose.
3-4 (c) The interest received from investment of the fund may be
3-5 appropriated to the Texas Department of Health for children's
3-6 health care and grants to local communities to address public
3-7 health priorities.
3-8 (d) The Texas Board of Health may adopt rules governing any
3-9 grant program established under this section.
3-10 (e) The comptroller may solicit and accept gifts and grants
3-11 to the fund. A gift or grant to the fund may be appropriated in
3-12 the same manner as the interest received from investment of the
3-13 fund, subject to any limitation or requirement placed on the gift
3-14 or grant by the donor or granting entity.
3-15 (f) Sections 403.095 and 404.071 do not apply to the fund.
3-16 Sec. 403.106. PERMANENT FUND FOR EMERGENCY MEDICAL SERVICES
3-17 AND TRAUMA CARE. (a) The permanent fund for emergency medical
3-18 services and trauma care is a special fund in the state treasury
3-19 outside the general revenue fund. The fund is composed of:
3-20 (1) money transferred to the fund at the direction of
3-21 the legislature;
3-22 (2) gifts and grants contributed to the fund; and
3-23 (3) the interest received from investment of money in
3-24 the fund.
3-25 (b) Except as provided by Subsections (c) and (e), money in
3-26 the fund may not be appropriated for any purpose.
3-27 (c) The interest received from investment of the fund may be
4-1 appropriated to the Texas Department of Health for programs to
4-2 provide emergency medical services and trauma care in this state.
4-3 (d) Subject to any applicable limit in the General
4-4 Appropriations Act, the Texas Department of Health may establish
4-5 programs to provide emergency medical services and trauma care in
4-6 this state, may contract with another entity to establish those
4-7 programs, or may award grants to political subdivisions to
4-8 establish or support those programs. The department may
4-9 consolidate any grant program established under this section with
4-10 other grant programs relating to the provision of emergency medical
4-11 services and trauma care. The Texas Board of Health may adopt
4-12 rules governing the grant program.
4-13 (e) The comptroller may solicit and accept gifts and grants
4-14 to the fund. A gift or grant to the fund may be appropriated in
4-15 the same manner as the interest received from investment of the
4-16 fund, subject to any limitation or requirement placed on the gift
4-17 or grant by the donor or granting entity.
4-18 (f) Sections 403.095 and 404.071 do not apply to the fund.
4-19 Sec. 403.1065. PERMANENT FUND FOR RURAL HEALTH FACILITY
4-20 CAPITAL IMPROVEMENT. (a) The permanent fund for rural health
4-21 facility capital improvement is a special fund in the state
4-22 treasury outside the general revenue fund. The fund is composed
4-23 of:
4-24 (1) money transferred to the fund at the direction of
4-25 the legislature;
4-26 (2) payments of interest and principal on loans made
4-27 under Subchapter G, Chapter 106, Health and Safety Code, and fees
5-1 collected under that subchapter;
5-2 (3) gifts and grants contributed to the fund; and
5-3 (4) the interest received from investment of money in
5-4 the fund.
5-5 (b) Except as provided by Subsections (c) and (d), money in
5-6 the fund may not be appropriated for any purpose.
5-7 (c) The interest received from investment of the fund may be
5-8 appropriated to the Center for Rural Health Initiatives for the
5-9 purposes of Subchapter G, Chapter 106, Health and Safety Code.
5-10 (d) The comptroller may solicit and accept gifts and grants
5-11 to the fund. A gift or grant to the fund may be appropriated in
5-12 the same manner as the interest received from investment of the
5-13 fund, subject to any limitation or requirement placed on the gift
5-14 or grant by the donor or granting entity.
5-15 (e) Sections 403.095 and 404.071 do not apply to the fund.
5-16 SECTION 2. Chapter 106, Health and Safety Code, is amended
5-17 by adding Subchapter G to read as follows:
5-18 SUBCHAPTER G. RURAL HEALTH FACILITY CAPITAL IMPROVEMENT
5-19 Sec. 106.201. DEFINITIONS. In this subchapter:
5-20 (1) "Public hospital" means a general or special
5-21 hospital licensed under Chapter 241 that is owned or operated by a
5-22 municipality, county, municipality and county, hospital district,
5-23 or hospital authority and that performs inpatient or outpatient
5-24 services.
5-25 (2) "Rural county" means a county that:
5-26 (A) has a population of 50,000 or less; or
5-27 (B) has a population of more than 50,000 but:
6-1 (i) does not have located within the
6-2 county more than 150 hospital beds in general or special hospitals
6-3 licensed under Chapter 241; and
6-4 (ii) was not, based on the 1990 federal
6-5 census, completely included within an urbanized area by the Bureau
6-6 of the Census of the United States Department of Commerce.
6-7 Sec. 106.202. POWERS OF CENTER. In administering this
6-8 subchapter, the center may:
6-9 (1) enter into and enforce contracts and execute and
6-10 deliver conveyances and other instruments necessary to make and
6-11 administer grants and loans under this subchapter;
6-12 (2) employ personnel and counsel necessary to
6-13 implement this subchapter and pay them from money in the fund
6-14 appropriated for that purpose;
6-15 (3) impose and collect reasonable fees and charges in
6-16 connection with grants and loans made under this subchapter and
6-17 provide reasonable penalties for delinquent payment of fees,
6-18 charges, or loan repayments;
6-19 (4) take and enforce a mortgage or appropriate
6-20 security interest in real or personal property that a loan
6-21 recipient acquires with the proceeds of a loan made under this
6-22 subchapter; and
6-23 (5) adopt rules necessary to implement the grant and
6-24 loan program.
6-25 Sec. 106.203. GRANT AND LOAN PROGRAM. (a) The center may
6-26 use money appropriated to the center under Section 403.1065,
6-27 Government Code, to make a grant or low interest loan to a
7-1 municipality, county, municipality and county, hospital district,
7-2 or hospital authority that owns or operates a public hospital
7-3 located in a rural county.
7-4 (b) A grant or loan recipient may use the money only to make
7-5 capital improvements to existing public health facilities located
7-6 in a rural county, to construct new public health facilities in a
7-7 rural county, or to purchase capital equipment, including
7-8 information systems hardware and software, for a public health
7-9 facility located in a rural county.
7-10 Sec. 106.204. ELIGIBILITY FOR GRANT OR LOAN; INTEREST RATE.
7-11 (a) The center shall adopt rules that establish eligibility
7-12 criteria for receiving a loan or grant under this subchapter. A
7-13 municipality, county, municipality and county, or hospital district
7-14 is not eligible for a grant or loan under this subchapter in any
7-15 year that the entity, or in the case of a municipality and county,
7-16 either partner of the entity, receives a distribution under
7-17 Paragraph 5 of the Agreement Regarding Disposition of Settlement
7-18 Proceeds filed on July 24, 1998, in the case styled The State of
7-19 Texas v. The American Tobacco Co., et al., No. 5096CV-91.
7-20 (b) The rules must state generally the factors the center
7-21 will consider in determining whether an applicant should receive a
7-22 grant or loan. The rules must allow the center to consider at least
7-23 the financial need of the applicant, the health care needs of the
7-24 rural area served by the applicant, and the probability that the
7-25 applicant will effectively and efficiently use the grant or loan to
7-26 meet the health care needs of the rural area served by the
7-27 applicant.
8-1 (c) The rules must state generally the factors the center
8-2 will consider in determining the extent to which the interest rate
8-3 on a loan should be below market rates.
8-4 SECTION 3. On the effective date of this Act, the
8-5 comptroller shall transfer:
8-6 (1) $200 million from the general revenue fund to the
8-7 permanent fund for tobacco education and enforcement established
8-8 by Section 403.105, Government Code, as added by this Act;
8-9 (2) $150 million from the general revenue fund to the
8-10 permanent fund for children and public health established by
8-11 Section 403.1055, Government Code, as added by this Act;
8-12 (3) $100 million from the general revenue fund to the
8-13 permanent fund for emergency medical services and trauma care
8-14 established by Section 403.106, Government Code, as added by this
8-15 Act; and
8-16 (4) $50 million from the general revenue fund to the
8-17 permanent fund for rural health facility capital improvement
8-18 established by Section 403.1065, Government Code, as added by this
8-19 Act.
8-20 SECTION 4. 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.