By Capelo                                             H.B. No. 1864
         76R3317 JRD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the study and development of the Optional Promotora
 1-3     Outreach Program, under which community volunteers provide public
 1-4     health and sanitation services.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  PURPOSE.  The purpose of this Act is to establish
 1-7     a temporary committee that will study certain issues related to the
 1-8     development of the Optional Promotora Outreach Program and advise
 1-9     the Texas Department of Health and the governor and legislature
1-10     regarding its findings.
1-11           SECTION 2.  DEFINITIONS.  In this Act:
1-12                 (1)  "Committee" means the Optional Promotora Program
1-13     Development Committee.
1-14                 (2)  "Department" means the Texas Department of Health.
1-15                 (3)  "Program" means the Optional Promotora Outreach
1-16     Program.
1-17                 (4)  "Promotora" means a community health outreach
1-18     volunteer who provides community services with regard to public
1-19     health, public sanitation, and related matters, including providing
1-20     information to and receiving information from members of a
1-21     community. The term includes persons who are not health care
1-22     professionals.
1-23           SECTION 3.  COMMITTEE.  (a)  The department shall establish
1-24     the committee to study the development of a framework for the
 2-1     program and to advise the department and the governor and
 2-2     legislature regarding its findings and recommendations.
 2-3           (b)  The committee is composed of the following 12 members:
 2-4                 (1)  two representatives designated by the department,
 2-5     of whom one must be a department employee assigned to the
 2-6     department's Medicaid division and the other of whom must be a
 2-7     department employee assigned to a department field office near the
 2-8     state's international border;
 2-9                 (2)  one representative of the Texas Higher Education
2-10     Coordinating Board designated by that board;
2-11                 (3)  one representative of Texas Tech University,
2-12     designated by the university, who also serves as the presiding
2-13     officer of the committee;
2-14                 (4)  one representative of The Texas A&M University
2-15     Center for Housing and Urban Development, in the university's
2-16     school of architecture, designated by the center;
2-17                 (5)  two representatives of The University of Texas
2-18     System designated by the system, of whom one must be from the
2-19     system's Valley Border Health Coordination Office and the other of
2-20     whom must be from the Health Education Training Centers Alliance of
2-21     Texas;
2-22                 (6)  one representative of the Texas Association of
2-23     Community Colleges designated by the association;
2-24                 (7)  two persons who are currently serving as
2-25     promotoras, one of whom shall be designated by the lieutenant
2-26     governor and one of whom shall be designated by the speaker of the
2-27     house of representatives; and
 3-1                 (8)  two representatives of the general public who are
 3-2     not officers or employees of government, one of whom shall be
 3-3     designated by the lieutenant governor and one of whom shall be
 3-4     designated by the speaker of the house of representatives.
 3-5           (c)  Chapter 2110, Government Code, does not apply to the
 3-6     committee, except Section 2110.005 does apply.
 3-7           (d)  A member of the committee is not entitled to
 3-8     compensation  for service on the committee.  Reasonable and
 3-9     necessary expenses incurred in performing duties as a member of the
3-10     committee by a member of the committee who is an officer or
3-11     employee of state government are reimbursed as expenses incurred in
3-12     the performance of the member's duties as a state officer or
3-13     employee. The two members of the committee who are currently
3-14     serving as promotoras are entitled to reimbursement for reasonable
3-15     travel expenses incurred in performing duties as a member of the
3-16     committee in the manner provided by the General Appropriations Act
3-17     and out of appropriations to the department.  Other members of the
3-18     committee are not entitled to reimbursement for expenses.
3-19           (e)  The department shall provide staff support to the
3-20     committee.
3-21           (f)  The committee shall meet at the call of the presiding
3-22     officer of the committee, at the call of the commissioner of
3-23     health, and as provided by procedural rules or schedules adopted by
3-24     the committee.
3-25           SECTION 4.  RESPONSIBILITIES OF COMMITTEE.  (a)  The
3-26     committee shall develop a framework for the program that includes
3-27     at a minimum the development of:
 4-1                 (1)  a standard curriculum for training persons who
 4-2     volunteer to work as promotoras;
 4-3                 (2)  an optional program to certify promotoras;
 4-4                 (3)  standardized information that a promotora should
 4-5     make available in any community; and
 4-6                 (4)  a method to evaluate the success of the program.
 4-7           (b)  In devising the framework, the committee shall consult
 4-8     with nationally recognized experts in the field of lay community
 4-9     health outreach workers.
4-10           (c)  The committee shall evaluate the feasibility of seeking
4-11     a federal waiver so that promotora services may be included as a
4-12     reimbursable service provided under the state Medicaid program.
4-13           (d)  Not later than November 1, 2000, the committee shall
4-14     submit a report to the department, the governor, and the presiding
4-15     officer of each house of the legislature that includes the
4-16     committee's findings and its proposed framework for the program.
4-17           SECTION 5.  FUNDING.  The department shall pay for the costs
4-18     of the committee's activities out of money appropriated to the
4-19     department that may be used for that purpose.
4-20           SECTION 6.  EXPIRATION.  The committee is abolished and this
4-21     Act expires December 31, 2000.
4-22           SECTION 7.  EFFECTIVE DATE.  This Act takes effect September
4-23     1, 1999.
4-24           SECTION 8.  EMERGENCY.  The importance of this legislation
4-25     and the crowded condition of the calendars in both houses create an
4-26     emergency and an imperative public necessity that the
4-27     constitutional rule requiring bills to be read on three several
 5-1     days in each house be suspended, and this rule is hereby suspended.