By:  Madla                                             S.B. No. 354
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the continuation and functions of the Center for Rural
 1-2     Health Initiatives.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 106.003, 106.021, and 106.024, Health
 1-5     and Safety Code, are amended to read as follows:
 1-6           Sec. 106.003.  SUNSET PROVISION.  The Center for Rural Health
 1-7     Initiatives is subject to Chapter 325, Government Code (Texas
 1-8     Sunset Act).  Unless continued in existence as provided by that
 1-9     chapter, the center is abolished and this chapter expires September
1-10     1, 2011 [1999].
1-11           Sec. 106.021.  EXECUTIVE COMMITTEE.  (a)  The executive
1-12     committee is the governing body of the Center for Rural Health
1-13     Initiatives.
1-14           (b)  The executive committee is composed of nine[:]
1-15                 [(1)  three] members appointed by the governor.
1-16           (c)  Six of the members must be:
1-17                 (1)  pharmacists, physicians, registered nurses,
1-18     physician assistants, or allied health professionals, each of whom
1-19     is licensed, registered, or certified to practice in this state;
1-20                 (2)  health economists; or
1-21                 (3)  hospital administrators.
1-22           (d)  Three of the members must be:
1-23                 (1)  individuals with significant business expertise;
1-24     or
 2-1                 (2)  elected members of the governing body of a
 2-2     political subdivision[, one of whom is a physician licensed to
 2-3     practice in this state, one of whom is a pharmacist licensed to
 2-4     practice in this state, and one of whom is a business or community
 2-5     leader;]
 2-6                 [(2)  three members appointed by the lieutenant
 2-7     governor, one of whom is a registered nurse licensed to practice in
 2-8     this state, one of whom is an allied health professional who is
 2-9     licensed, registered, or certified to practice in this state, and
2-10     one of whom is a rural health policy expert; and]
2-11                 [(3)  three members appointed by the speaker of the
2-12     house of representatives, one of whom is a physician licensed to
2-13     practice in this state, one of whom is a hospital administrator,
2-14     and one of whom is a health economist].
2-15           (e)  A majority of the members of the executive committee
2-16     must [(c)  The appointments to the executive committee must be
2-17     individuals who] reside, work, or practice in a county with a
2-18     population of 50,000 or less [rural areas of the state or who have
2-19     demonstrated knowledge and expertise in rural issues].
2-20           (f) [(d)]  The appointments to the executive committee shall
2-21     provide for a balanced representation of the geographical regions
2-22     of the state.
2-23           (g) [(e)]  The members of the executive committee serve
2-24     staggered six-year terms, with the terms of three members expiring
2-25     February 1 [August 31] of each odd-numbered year.
2-26           (h) [(f)  The members of the executive committee annually
 3-1     shall elect one member to serve as the presiding officer.]
 3-2           [(g)]  The executive committee shall hold a regular meeting
 3-3     [meet] at least quarterly and may hold a special meeting [or] at
 3-4     the call of the presiding officer or at the written request of
 3-5     three members of the executive committee.  The executive committee
 3-6     [and] shall adopt rules for the conduct of the meetings.
 3-7           (i) [(h)]  Any actions taken by the executive committee must
 3-8     be approved by a majority vote.
 3-9           (j) [(i)]  Members of the executive committee receive no
3-10     compensation but are entitled to reimbursement for the actual and
3-11     necessary expenses incurred in the performance of their duties.
3-12           (k) [(j)]  The executive committee shall establish policies
3-13     and adopt rules to implement this chapter.
3-14           (l)  Appointments to the executive committee shall be made
3-15     without regard to the race, color, disability, sex, religion, age,
3-16     or national origin of the appointees.
3-17           Sec. 106.024.  ADMINISTRATIVE AND STAFF SUPPORT.  The
3-18     department shall enter into a formal agreement with the executive
3-19     committee to provide staff support and administrative support to
3-20     the center as necessary to carry out the duties of this chapter.
3-21     Other [The department and the other] agencies represented on the
3-22     advisory committee [shall provide staff support to the center and]
3-23     may provide [staff and] other support services to the executive
3-24     committee.
3-25           SECTION 2.  Subchapter B, Chapter 106, Health and Safety
3-26     Code, is amended by adding Sections 106.0211, 106.0212, 106.0213,
 4-1     106.0214, 106.0215, 106.0216, 106.0221, 106.0222, 106.027, and
 4-2     106.028 to read as follows:
 4-3           Sec. 106.0211.  CONFLICTS OF INTEREST.  (a)  In this section,
 4-4     "Texas trade association" means a cooperative and voluntarily
 4-5     joined association of business or professional competitors in this
 4-6     state designed to assist its members and its industry or profession
 4-7     in dealing with mutual business or professional problems and in
 4-8     promoting their common interest.
 4-9           (b)  A person may not be a member of the executive committee
4-10     and may not be a center employee employed in a "bona fide
4-11     executive, administrative, or professional capacity," as that
4-12     phrase is used for purposes of establishing an exemption to the
4-13     overtime provisions of the federal Fair Labor Standards Act of 1938
4-14     (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
4-15                 (1)  the person is an officer, employee, or paid
4-16     consultant of a Texas trade association in the field of health
4-17     care; or
4-18                 (2)  the person's spouse is an officer, manager, or
4-19     paid consultant of a Texas trade association in the field of health
4-20     care.
4-21           (c)  A person may not be a member of the executive committee
4-22     or act as the general counsel to the executive committee or the
4-23     center if the person is required to register as a lobbyist under
4-24     Chapter 305, Government Code, because of the person's activities
4-25     for compensation on behalf of a profession related to the operation
4-26     of the center.
 5-1           Sec. 106.0212.  TRAINING FOR MEMBERS OF THE EXECUTIVE
 5-2     COMMITTEE.  (a)  A person who is appointed to and qualifies for
 5-3     office as a member of the executive committee may not vote,
 5-4     deliberate, or be counted as a member in attendance at a meeting of
 5-5     the executive committee until the person completes a training
 5-6     program that complies with this section.
 5-7           (b)  The training program must provide the person with
 5-8     information regarding:
 5-9                 (1)  the legislation that created the center and the
5-10     executive committee;
5-11                 (2)  the programs operated by the center;
5-12                 (3)  the role and functions of the center;
5-13                 (4)  the rules of the center with an emphasis on the
5-14     rules that relate to disciplinary and investigatory authority;
5-15                 (5)  the current budget for the center;
5-16                 (6)  the results of the most recent formal audit of the
5-17     center;
5-18                 (7)  the requirements of:
5-19                       (A)  the open meetings law, Chapter 551,
5-20     Government Code;
5-21                       (B)  the public information law, Chapter 552,
5-22     Government Code;
5-23                       (C)  the administrative procedure law, Chapter
5-24     2001, Government Code; and
5-25                       (D)  other laws relating to public officials,
5-26     including conflict-of-interest laws; and
 6-1                 (8)  any applicable ethics policies adopted by the
 6-2     executive committee or the Texas Ethics Commission.
 6-3           (c)  A person appointed to the executive committee is
 6-4     entitled to reimbursement, as provided by the General
 6-5     Appropriations Act, for the travel expenses incurred in attending
 6-6     the training program regardless of whether the attendance at the
 6-7     program occurs before or after the person qualifies for office.
 6-8           Sec. 106.0213.  REMOVAL.  (a)  It is a ground for removal
 6-9     from the executive committee that a member:
6-10                 (1)  does not have at the time of taking office the
6-11     qualifications required by Section 106.021;
6-12                 (2)  does not maintain during service on the executive
6-13     committee the qualifications required by Section 106.021;
6-14                 (3)  is ineligible for membership under Section
6-15     106.0211;
6-16                 (4)  cannot, because of illness or disability,
6-17     discharge the member's duties for a substantial part of the
6-18     member's term; or
6-19                 (5)  is absent from more than half of the regularly
6-20     scheduled executive committee meetings that the member is eligible
6-21     to attend during a calendar year without an excuse approved by  a
6-22     majority vote of the executive committee.
6-23           (b)  The validity of an action of the executive committee is
6-24     not affected by the fact that it is taken when a ground for removal
6-25     of an executive committee member exists.
6-26           (c)  If the executive director has knowledge that a potential
 7-1     ground for removal exists, the executive director shall notify the
 7-2     presiding officer of the executive committee of the potential
 7-3     ground.  The presiding officer shall then notify the governor and
 7-4     the attorney general that a potential ground for removal exists.
 7-5     If the potential ground for removal involves the presiding officer,
 7-6     the executive director shall notify the next highest ranking
 7-7     officer of the executive committee, who shall then notify the
 7-8     governor and the attorney general that a potential ground for
 7-9     removal exists.
7-10           Sec. 106.0214.  PRESIDING OFFICER.  The governor shall
7-11     designate a member of the executive committee as the presiding
7-12     officer of the committee to serve in that capacity at the will of
7-13     the governor.
7-14           Sec. 106.0215.  DIVISION OF RESPONSIBILITY.  The executive
7-15     committee shall develop and implement policies that clearly
7-16     separate the policymaking responsibilities of the executive
7-17     committee and the management responsibilities of the executive
7-18     director and staff of the center.
7-19           Sec. 106.0216.  PUBLIC HEARINGS.  The executive committee
7-20     shall develop and implement policies that provide the public with a
7-21     reasonable opportunity to appear before the executive committee and
7-22     to speak on any issue under the jurisdiction of the center.
7-23           Sec. 106.0221.  EQUAL EMPLOYMENT OPPORTUNITY POLICY
7-24     STATEMENT.  (a)  The executive director or the executive director's
7-25     designee shall prepare and maintain a written policy statement that
7-26     implements a program of equal employment opportunity to ensure that
 8-1     all personnel decisions are made without regard to race, color,
 8-2     disability, sex, religion, age, or national origin.
 8-3           (b)  The policy statement must include:
 8-4                 (1)  personnel policies, including policies relating to
 8-5     recruitment, evaluation, selection, training, and promotion of
 8-6     personnel, that show the intent of the center to avoid the unlawful
 8-7     employment practices described by Chapter 21, Labor Code; and
 8-8                 (2)  an analysis of the extent to which the composition
 8-9     of the center's personnel is in accordance with state and federal
8-10     law and a description of reasonable methods to achieve compliance
8-11     with state and federal law.
8-12           (c)  The policy statement must be:
8-13                 (1)  updated annually;
8-14                 (2)  reviewed by the state Commission on Human Rights
8-15     for compliance with Subsection (b)(1); and
8-16                 (3)  filed with the governor's office.
8-17           Sec. 106.0222.  STANDARDS OF CONDUCT.  The executive director
8-18     or the executive director's designee shall provide to members of
8-19     the executive committee and to agency employees, as often as
8-20     necessary, information regarding the requirements for office or
8-21     employment under this chapter, including information regarding a
8-22     person's responsibilities under applicable laws relating to
8-23     standards of conduct for state officers or employees.
8-24           Sec. 106.027.  COMPLAINTS.  (a)  The center shall maintain a
8-25     file on each written complaint filed with the center.  The file
8-26     must include:
 9-1                 (1)  the name of the person who filed the complaint;
 9-2                 (2)  the date the complaint is received by the center;
 9-3                 (3)  the subject matter of the complaint;
 9-4                 (4)  the name of each person contacted in relation to
 9-5     the complaint;
 9-6                 (5)  a summary of the results of the review or
 9-7     investigation of the complaint; and
 9-8                 (6)  an explanation of the reason the file was closed,
 9-9     if the agency closed the file without taking action other than to
9-10     investigate the complaint.
9-11           (b)  The center shall provide to the person filing the
9-12     complaint and to each person who is a subject of the complaint a
9-13     copy of the center's policies and procedures relating to complaint
9-14     investigation and resolution.
9-15           (c)  The center, at least quarterly until final disposition
9-16     of the complaint, shall notify the person filing the complaint and
9-17     each person who is a subject of the complaint of the status of the
9-18     investigation unless the notice would jeopardize an undercover
9-19     investigation.
9-20           Sec. 106.028.  RURAL HEALTH WORK PLAN.  (a)  The center shall
9-21     develop, implement, and update a rural health work plan.
9-22           (b)  The center shall submit the rural health work plan to
9-23     the executive committee for approval.  The executive committee
9-24     shall approve the rural health work plan not later than August 1 of
9-25     each odd-numbered year.
9-26           (c)  The center shall work with health care providers, rural
 10-1    communities, universities, the department, and all other health and
 10-2    human service related state agencies to develop the rural health
 10-3    work plan.  The center shall solicit public comment on the rural
 10-4    health work plan.
 10-5          (d)  The rural health work plan must identify:
 10-6                (1)  the mission, goals, and objectives of how the
 10-7    center will work to assist rural communities in meeting rural
 10-8    health care needs;
 10-9                (2)  ways for the state to effectively and creatively
10-10    address the unmet health care needs of rural communities;
10-11                (3)  ways to coordinate the administration and delivery
10-12    of rural health care service with federal, state, and local public
10-13    and private programs that provide similar services; and
10-14                (4)  the center's priorities to accomplish the
10-15    objectives of the plan.
10-16          SECTION 3.  (a)  The terms of all membership positions on the
10-17    executive committee of the Center for Rural Health Initiatives, as
10-18    those positions exist on the effective date of this Act, expire
10-19    August 31, 1999.  The members whose terms expire on August 31,
10-20    1999, continue to hold office until their successors are appointed
10-21    as provided by Chapter 106, Health and Safety Code, as amended by
10-22    this Act, qualify for office, and complete the training program as
10-23    required by Section 106.0212, Health and Safety Code, as added by
10-24    this Act.  The governor shall designate to which membership
10-25    position expiring August 31, 1999, each member appointed under
10-26    Chapter 106, Health and Safety Code, as amended by this Act,
 11-1    succeeds.
 11-2          (b)  In making the initial appointments to fill the positions
 11-3    expiring August 31, 1999, the governor shall designate three of the
 11-4    appointees for terms expiring February 1, 2001, three for terms
 11-5    expiring February 1, 2003, and three for terms expiring February 1,
 11-6    2005.
 11-7          (c)  The Center for Rural Health Initiatives shall submit the
 11-8    first rural health work plan required by Section 106.028, Health
 11-9    and Safety Code, as added by this Act, to the executive committee
11-10    for approval, and the executive committee shall approve a work plan
11-11    not later than October 1, 1999.
11-12          SECTION 4.  This Act takes effect August 30, 1999.
11-13          SECTION 5.  The importance of this legislation and the
11-14    crowded condition of the calendars in both houses create an
11-15    emergency and an imperative public necessity that the
11-16    constitutional rule requiring bills to be read on three several
11-17    days in each house be suspended, and this rule is hereby suspended.