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.