By Maxey H.B. No. 3283
76R7928 MRB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a state council with authority to
1-3 promote research, education, treatment, and support activities
1-4 related to persons with brain injuries.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 92.001-92.009, Health and Safety Code,
1-7 are designated as Subchapter A of Chapter 92, Health and Safety
1-8 Code, and a subchapter heading for Subchapter A is added to read as
1-9 follows:
1-10 SUBCHAPTER A. GENERAL PROVISIONS
1-11 SECTION 2. Chapter 92, Health and Safety Code, is amended by
1-12 adding Subchapter B to read as follows:
1-13 SUBCHAPTER B. TEXAS BRAIN INJURY COUNCIL
1-14 Sec. 92.051. DEFINITIONS. In this subchapter:
1-15 (1) "Brain injury support group" means a local, state,
1-16 or national organization that:
1-17 (A) is established to provide support services
1-18 to aid persons with a brain injury and their primary family
1-19 caregivers;
1-20 (B) encourages research into the cause,
1-21 prevention, treatment, and care of persons with a brain injury; and
1-22 (C) is dedicated to the development of essential
1-23 services for persons with a brain injury and their primary family
1-24 caregivers.
2-1 (2) "Council" means the Texas Brain Injury Council.
2-2 (3) "Primary family caregiver" means an individual who
2-3 is a relative of a person with a brain injury who has or has had a
2-4 major responsibility for the care and supervision of the person
2-5 with a brain injury and who is not a professional health care
2-6 provider paid to care for the person with a brain injury.
2-7 Sec. 92.052. COUNCIL. The Texas Brain Injury Council is an
2-8 agency of the state.
2-9 Sec. 92.053. MEMBERSHIP. (a) The council must be composed
2-10 in accordance with federal law. Appointments to the council shall
2-11 be made without regard to:
2-12 (1) the race, color, sex, religion, age, or national
2-13 origin of the appointees; or
2-14 (2) the disability of the appointees, except as
2-15 required by federal law.
2-16 (b) The council is composed of 18 members appointed as
2-17 follows:
2-18 (1) seven public consumer members appointed by the
2-19 governor, three of whom must be individuals related to persons with
2-20 a brain injury, three of whom must be persons with a brain injury,
2-21 and one of whom must be a member of a statewide brain injury
2-22 support group;
2-23 (2) four professional members appointed by the
2-24 governor, each of whom must have special training and interest in
2-25 the care, treatment, or rehabilitation of persons with a brain
2-26 injury, with one representative each from acute rehabilitation
2-27 facilities, post-acute rehabilitation facilities, community-based
3-1 services, and faculties of institutions of higher education; and
3-2 (3) seven state agency members, with one
3-3 representative from each of the following agencies appointed by the
3-4 chief executive officer of the agency:
3-5 (A) Texas Department of Health;
3-6 (B) Texas Department of Human Services;
3-7 (C) Texas Department of Mental Health and Mental
3-8 Retardation;
3-9 (D) Texas Rehabilitation Commission;
3-10 (E) Health and Human Services Commission;
3-11 (F) Texas Education Agency; and
3-12 (G) Texas Planning Council for Developmental
3-13 Disabilities.
3-14 Sec. 92.054. OFFICERS. (a) The members of the council
3-15 annually shall elect a presiding officer and an assistant presiding
3-16 officer from the council members.
3-17 (b) A representative of a state agency may not serve as
3-18 presiding officer or assistant presiding officer.
3-19 (c) At least one of the officers must be a public consumer
3-20 member.
3-21 Sec. 92.055. RESTRICTIONS ON MEMBERS AND EMPLOYEES. (a) In
3-22 this section, "Texas trade association" means a cooperative and
3-23 voluntarily joined association of business or professional
3-24 competitors in this state designed to assist its members and its
3-25 industry or profession in dealing with mutual business or
3-26 professional problems and in promoting their common interest. The
3-27 term does not include a voluntary health organization.
4-1 (b) A person may not be a public consumer member of the
4-2 council if the person or the person's spouse:
4-3 (1) is employed by or participates in the management
4-4 of a business entity or other organization receiving money from the
4-5 council;
4-6 (2) owns or controls, directly or indirectly, more
4-7 than a 10 percent interest in a business entity or other
4-8 organization receiving money from the council; or
4-9 (3) uses or receives a substantial amount of tangible
4-10 goods, services, or money from the council, other than compensation
4-11 or reimbursement authorized by law for council membership,
4-12 attendance, or expenses.
4-13 (c) A person may not be a member of the council and may not
4-14 be a council employee employed in a "bona fide executive,
4-15 administrative, or professional capacity," as that phrase is used
4-16 for purposes of establishing an exemption to the overtime
4-17 provisions of the federal Fair Labor Standards Act of 1938 (29
4-18 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
4-19 (1) the person is an officer, employee, or paid
4-20 consultant of a Texas trade association in a health care field; or
4-21 (2) the person's spouse is an officer, manager, or
4-22 paid consultant of a Texas trade association in a health care
4-23 field.
4-24 (d) A person may not be a member of the council or act as
4-25 the general counsel to the council or the council's staff if the
4-26 person is required to register as a lobbyist under Chapter 305,
4-27 Government Code, because of the person's activities for
5-1 compensation on behalf of a profession related to the operation of
5-2 the council.
5-3 (e) It is a ground for removal from the council that a
5-4 member:
5-5 (1) does not have at the time of taking office the
5-6 qualifications required by Section 92.053(b);
5-7 (2) does not maintain during service on the council
5-8 the qualifications required by Section 92.053(b);
5-9 (3) is ineligible for membership under Subsection (b),
5-10 (c), or (d);
5-11 (4) cannot, because of illness or disability,
5-12 discharge the member's duties for a substantial part of the
5-13 member's term; or
5-14 (5) is absent from more than half of the regularly
5-15 scheduled council meetings that the member is eligible to attend
5-16 during a calendar year without an excuse approved by a majority
5-17 vote of the council.
5-18 (f) The validity of an action of the council is not affected
5-19 by the fact that it is taken when a ground for removal of a council
5-20 member exists.
5-21 Sec. 92.056. TERMS; VACANCY. (a) Members of the council
5-22 are appointed for staggered six-year terms, with the terms of six
5-23 members expiring February 1 of each odd-numbered year.
5-24 (b) In addition to other methods by which a position may
5-25 become vacant, a position on the council becomes vacant if a member
5-26 resigns from the council by providing written notice to the
5-27 presiding officer of the council.
6-1 (c) If a position on the council becomes vacant, the
6-2 presiding officer shall provide written notice to the appropriate
6-3 appointing official requesting a new appointment to fill the
6-4 remainder of the member's term.
6-5 (d) If a vacancy occurs, the appropriate appointing official
6-6 shall appoint a person, in the same manner as the original
6-7 appointment, to serve for the remainder of the unexpired term.
6-8 (e) A person who has served one full term on the council is
6-9 not eligible for reappointment.
6-10 Sec. 92.057. COMPENSATION; EXPENSES. (a) A member of the
6-11 council is not entitled to compensation for service on the council
6-12 but is entitled to reimbursement for actual and necessary expenses
6-13 incurred in performing council duties, including travel, meals,
6-14 lodging, respite care for a child with a disability, and telephone
6-15 long-distance charges.
6-16 (b) Members of the council who have a disability and who,
6-17 because of the disability, require special aids or travel
6-18 companions are entitled to reimbursement for those costs.
6-19 (c) A member who is a representative of a state agency shall
6-20 be reimbursed from the funds of the agency the person represents.
6-21 Other members shall be reimbursed from funds made available to the
6-22 council. If funds are not made available to the council, members
6-23 who are not representatives of state agencies serve at their own
6-24 expense.
6-25 Sec. 92.058. MEETINGS. (a) The council shall meet at least
6-26 once each calendar quarter on meeting dates set by the council and
6-27 at the call of the presiding officer.
7-1 (b) The council shall adopt rules for the conduct of its
7-2 meetings.
7-3 Sec. 92.059. POWERS AND DUTIES OF THE COUNCIL. (a) The
7-4 council shall:
7-5 (1) inform state leaders of issues and policies as
7-6 they relate to meeting the needs of persons with a brain injury and
7-7 their primary family caregivers;
7-8 (2) recommend to state leaders policies and programs
7-9 that more effectively serve persons with a brain injury and their
7-10 families;
7-11 (3) explore and promote innovative approaches to
7-12 providing services and support to persons with a brain injury and
7-13 their families;
7-14 (4) promote education, training, and information about
7-15 brain injury issues;
7-16 (5) advocate for persons with a brain injury and their
7-17 families;
7-18 (6) support activities aimed at reducing preventable
7-19 brain injuries; and
7-20 (7) conduct outreach to obtain public input.
7-21 (b) The council may adopt rules and policies consistent with
7-22 this subchapter and state or federal law.
7-23 Sec. 92.060. ADMINISTERING AGENCY: HEALTH AND HUMAN SERVICES
7-24 COMMISSION. (a) The Health and Human Services Commission shall:
7-25 (1) provide administrative support services to the
7-26 council and receive federal and state funds appropriated for the
7-27 council;
8-1 (2) accept gifts and grants on behalf of the council
8-2 from any public or private entity;
8-3 (3) receive, deposit, and disburse funds for the
8-4 council in accordance with this subchapter and provide other
8-5 administrative services in support of the council as requested by
8-6 and negotiated with the council;
8-7 (4) provide for fiscal control and fund accounting
8-8 procedures necessary to assure the proper disbursement of and
8-9 accounting for funds available to the council; and
8-10 (5) enter into a memorandum of understanding with the
8-11 council that delineates the responsibilities of the commission and
8-12 the council under this subchapter and amend the memorandum as
8-13 necessary to reflect changes in those responsibilities.
8-14 (b) The Health and Human Services Commission may adopt rules
8-15 as necessary to implement the commission's duties under this
8-16 subchapter and federal developmental disability laws.
8-17 Sec. 92.061. ADDITIONAL COUNCIL POWERS AND DUTIES. (a) The
8-18 council shall:
8-19 (1) undertake, at the request of the governor or
8-20 legislative leaders, activities appropriate to the achievement of
8-21 legislative and executive functions relating to persons with a
8-22 brain injury;
8-23 (2) submit to the governor, legislature, and other
8-24 appropriate state and federal authorities periodic reports on the
8-25 council's responsibilities and performance;
8-26 (3) hire a coordinator to carry out the policies and
8-27 activities of the council;
9-1 (4) develop and implement policies that clearly
9-2 separate the policymaking responsibilities of the council and the
9-3 responsibilities of the coordinator and the staff of the council;
9-4 and
9-5 (5) develop and implement policies that provide the
9-6 public with a reasonable opportunity to appear before the council
9-7 and to speak on any issue under the jurisdiction of the council.
9-8 (b) The coordinator of the council shall hire and supervise
9-9 necessary staff who will be responsible solely for carrying out
9-10 activities designated by the council consistent with this
9-11 subchapter.
9-12 (c) The council may:
9-13 (1) adopt rules as necessary to implement the
9-14 council's powers and duties under this subchapter;
9-15 (2) approve and execute an annual budget for council
9-16 activities under this subchapter; and
9-17 (3) contract with or provide grants to agencies,
9-18 organizations, or individuals as necessary to implement council
9-19 activities under this subchapter.
9-20 Sec. 92.062. GIFTS AND GRANTS. (a) The council is
9-21 encouraged to seek a gift or grant from any public or private
9-22 entity.
9-23 (b) The Health and Human Services Commission shall deposit
9-24 any money received under Subsection (a) to the credit of the Texas
9-25 Brain Injury Council account. The Texas Brain Injury Council
9-26 account is an account in the general revenue fund that may be
9-27 appropriated only for the purpose of carrying out this subchapter.
10-1 Sec. 92.063. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
10-2 coordinator of the council or the coordinator's designee shall
10-3 prepare and maintain a written policy statement that implements a
10-4 program of equal employment opportunity to ensure that all
10-5 personnel decisions are made without regard to race, color,
10-6 disability, sex, religion, age, or national origin.
10-7 (b) The policy statement must include:
10-8 (1) personnel policies, including policies relating to
10-9 recruitment, evaluation, selection, training, and promotion of
10-10 personnel, that show the intent of the council to avoid the
10-11 unlawful employment practices described by Chapter 21, Labor Code;
10-12 and
10-13 (2) an analysis of the extent to which the composition
10-14 of the council's personnel is in accordance with state and federal
10-15 law and a description of reasonable methods to achieve compliance
10-16 with state and federal law.
10-17 (c) The policy statement must:
10-18 (1) be updated annually;
10-19 (2) be reviewed by the state Commission on Human
10-20 Rights for compliance with Subsection (b)(1); and
10-21 (3) be filed with the governor's office.
10-22 Sec. 92.064. SUNSET PROVISION. The Texas Brain Injury
10-23 Council is subject to Chapter 325, Government Code (Texas Sunset
10-24 Act). Unless continued in existence as provided by that chapter,
10-25 the council is abolished and this subchapter expires September 1,
10-26 2011.
10-27 Sec. 92.065. ADVISORY COMMITTEE STATUTE INAPPLICABLE.
11-1 Chapter 2110, Government Code, does not apply to the council.
11-2 SECTION 3. Section 88.011, Health and Safety Code, as added
11-3 by Chapter 893, Acts of the 75th Legislature, Regular Session,
11-4 1997, is transferred to Subchapter A, Chapter 92, Health and Safety
11-5 Code, redesignated as Section 92.011, Health and Safety Code, and
11-6 amended to read as follows:
11-7 Sec. 92.011 [88.011]. COORDINATION WITH TEXAS [TRAUMATIC]
11-8 BRAIN INJURY [ADVISORY] COUNCIL. The department and the Texas
11-9 Brain Injury [Advisory] Council shall enter into a memorandum of
11-10 understanding to:
11-11 (1) exchange relevant injury data on an ongoing basis
11-12 to the extent allowed by Section 92.006 [88.006];
11-13 (2) maintain the confidentiality of injury data
11-14 provided to the council by the department in accordance with
11-15 Section 92.006 [88.006];
11-16 (3) permit the council to review and comment on the
11-17 board's rules under Section 92.002(b) [88.002(b)] before the rules
11-18 are proposed; and
11-19 (4) cooperate in conducting investigations of
11-20 traumatic brain injuries.
11-21 SECTION 4. Section 92.001(2), Health and Safety Code, is
11-22 amended to read as follows:
11-23 (2) "Reportable injury" means an injury or condition
11-24 required to be reported under this subchapter [chapter].
11-25 SECTION 5. Sections 92.002(b) and (d), Health and Safety
11-26 Code, are amended to read as follows:
11-27 (b) The board may adopt rules that require other injuries to
12-1 be reported under this subchapter [chapter].
12-2 (d) The board shall adopt rules necessary to administer this
12-3 subchapter [chapter].
12-4 SECTION 6. Section 92.003(c), Health and Safety Code, is
12-5 amended to read as follows:
12-6 (c) The board shall prescribe the form and method of
12-7 reporting. The board may require the reports to contain any
12-8 information, including the person's name, address, age, sex, race,
12-9 occupation, employer, and attending physician, necessary to achieve
12-10 the purposes of this subchapter [chapter].
12-11 SECTION 7. Sections 92.004(a), (c), and (d), Health and
12-12 Safety Code, are amended to read as follows:
12-13 (a) The department may enter into contracts or agreements as
12-14 necessary to carry out this subchapter [chapter]. The contracts
12-15 or agreements may provide for payment by the state for materials,
12-16 equipment, and services.
12-17 (c) Subject to the confidentiality provisions of this
12-18 subchapter [chapter], the department shall evaluate the reports of
12-19 injuries to establish the nature and magnitude of the hazards
12-20 associated with those injuries, to reduce the occurrence of those
12-21 risks, and to establish any trends involved.
12-22 (d) The department may make inspections and investigations
12-23 as authorized by this subchapter [chapter] and other law.
12-24 SECTION 8. Section 92.005, Health and Safety Code, is
12-25 amended to read as follows:
12-26 Sec. 92.005. ACCESS TO INFORMATION. Subject to the
12-27 confidentiality provisions of this subchapter [chapter], the
13-1 department may collect, or cause to be collected, medical,
13-2 demographic, or epidemiologic information from any medical or
13-3 laboratory record or file to help the department in the
13-4 epidemiologic investigation of injuries and their causes.
13-5 SECTION 9. Section 92.006(b), Health and Safety Code, is
13-6 amended to read as follows:
13-7 (b) The board shall adopt rules establishing procedures to
13-8 ensure that all information and records maintained by the
13-9 department under this subchapter [chapter] are kept confidential
13-10 and protected from release to unauthorized persons.
13-11 SECTION 10. Sections 92.008(a) and (e), Health and Safety
13-12 Code, are amended to read as follows:
13-13 (a) The board shall appoint a technical advisory committee
13-14 to advise the board of injuries other than spinal cord injuries,
13-15 traumatic brain injuries, and submersion injuries that should be
13-16 required by rule to be reported under this subchapter [chapter].
13-17 (e) A member of the technical advisory committee is not
13-18 entitled to reimbursement for expenses incurred in performing
13-19 duties under this subchapter [chapter].
13-20 SECTION 11. As soon as practicable after the effective date
13-21 of this Act, the Health and Human Services Commission and the Texas
13-22 Brain Injury Council shall enter into the memorandum of
13-23 understanding described by Section 92.060(a)(5), Health and Safety
13-24 Code, as added by this Act.
13-25 SECTION 12. (a) In making the initial appointments to the
13-26 Texas Brain Injury Council, the governor shall designate four of
13-27 the governor's appointees for terms expiring February 1, 2001, four
14-1 of the governor's appointees for terms expiring February 1, 2003,
14-2 and three of the governor's appointees for terms expiring February
14-3 1, 2005.
14-4 (b) The initial appointees to the Texas Brain Injury Council
14-5 representing the Texas Department of Health and the Texas
14-6 Department of Human Services are appointed for terms expiring
14-7 February 1, 2001. The initial appointees representing the Texas
14-8 Department of Mental Health and Mental Retardation and the Texas
14-9 Rehabilitation Commission are appointed for terms expiring February
14-10 1, 2003. The initial appointees representing the Health and Human
14-11 Services Commission, the Texas Education Agency, and the Texas
14-12 Planning Council for Developmental Disabilities are appointed for
14-13 terms expiring February 1, 2005.
14-14 SECTION 13. This Act takes effect September 1, 1999.
14-15 SECTION 14. The importance of this legislation and the
14-16 crowded condition of the calendars in both houses create an
14-17 emergency and an imperative public necessity that the
14-18 constitutional rule requiring bills to be read on three several
14-19 days in each house be suspended, and this rule is hereby suspended.