By Madla S.B. No. 354
76R826 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Center for Rural
1-3 Health Initiatives.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 106.003, 106.021, and 106.024, Health
1-6 and Safety Code, are amended to read as follows:
1-7 Sec. 106.003. SUNSET PROVISION. The Center for Rural Health
1-8 Initiatives is subject to Chapter 325, Government Code (Texas
1-9 Sunset Act). Unless continued in existence as provided by that
1-10 chapter, the center is abolished and this chapter expires September
1-11 1, 2007 [1999].
1-12 Sec. 106.021. EXECUTIVE COMMITTEE. (a) The executive
1-13 committee is the governing body of the Center for Rural Health
1-14 Initiatives.
1-15 (b) The executive committee is composed of nine[:]
1-16 [(1) three] members appointed by the governor.
1-17 (c) Six of the members must be:
1-18 (1) pharmacists, physicians, registered nurses,
1-19 physician assistants, or allied health professionals, each of whom
1-20 is licensed, registered, or certified to practice in this state;
1-21 (2) health economists; or
1-22 (3) hospital administrators.
1-23 (d) Three of the members must be:
1-24 (1) individuals with significant business expertise;
2-1 or
2-2 (2) elected members of the governing body of a
2-3 political subdivision[, one of whom is a physician licensed to
2-4 practice in this state, one of whom is a pharmacist licensed to
2-5 practice in this state, and one of whom is a business or community
2-6 leader;]
2-7 [(2) three members appointed by the lieutenant
2-8 governor, one of whom is a registered nurse licensed to practice in
2-9 this state, one of whom is an allied health professional who is
2-10 licensed, registered, or certified to practice in this state, and
2-11 one of whom is a rural health policy expert; and]
2-12 [(3) three members appointed by the speaker of the
2-13 house of representatives, one of whom is a physician licensed to
2-14 practice in this state, one of whom is a hospital administrator,
2-15 and one of whom is a health economist].
2-16 (e) A majority of the members of the executive committee
2-17 must [(c) The appointments to the executive committee must be
2-18 individuals who] reside, work, or practice in a county with a
2-19 population of 50,000 or less [rural areas of the state or who have
2-20 demonstrated knowledge and expertise in rural issues].
2-21 (f) [(d)] The appointments to the executive committee shall
2-22 provide for a balanced representation of the geographical regions
2-23 of the state.
2-24 (g) [(e)] The members of the executive committee serve
2-25 staggered six-year terms, with the terms of three members expiring
2-26 February 1 [August 31] of each odd-numbered year.
2-27 (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 meet at least quarterly
3-3 or at the call of the presiding officer and shall adopt rules for
3-4 the conduct of the meetings.
3-5 (i) [(h)] Any actions taken by the executive committee must
3-6 be approved by a majority vote.
3-7 (j) [(i)] Members of the executive committee receive no
3-8 compensation but are entitled to reimbursement for the actual and
3-9 necessary expenses incurred in the performance of their duties.
3-10 (k) [(j)] The executive committee shall establish policies
3-11 and adopt rules to implement this chapter.
3-12 (l) Appointments to the executive committee shall be made
3-13 without regard to the race, color, disability, sex, religion, age,
3-14 or national origin of the appointees.
3-15 Sec. 106.024. ADMINISTRATIVE AND STAFF SUPPORT. The
3-16 department shall enter into a formal agreement with the executive
3-17 committee to provide staff support and administrative support to
3-18 the center as necessary to carry out the duties of this chapter.
3-19 Other [The department and the other] agencies represented on the
3-20 advisory committee [shall provide staff support to the center and]
3-21 may provide [staff and] other support services to the executive
3-22 committee.
3-23 SECTION 2. Subchapter B, Chapter 106, Health and Safety
3-24 Code, is amended by adding Sections 106.0211, 106.0212, 106.0213,
3-25 106.0214, 106.0215, 106.0216, 106.0221, 106.0222, 106.027, and
3-26 106.028 to read as follows:
3-27 Sec. 106.0211. CONFLICTS OF INTEREST. (a) In this section,
4-1 "Texas trade association" means a cooperative and voluntarily
4-2 joined association of business or professional competitors in this
4-3 state designed to assist its members and its industry or profession
4-4 in dealing with mutual business or professional problems and in
4-5 promoting their common interest.
4-6 (b) A person may not be a member of the executive committee
4-7 and may not be a center employee employed in a "bona fide
4-8 executive, administrative, or professional capacity," as that
4-9 phrase is used for purposes of establishing an exemption to the
4-10 overtime provisions of the federal Fair Labor Standards Act of 1938
4-11 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
4-12 (1) the person is an officer, employee, or paid
4-13 consultant of a Texas trade association in the field of health
4-14 care; or
4-15 (2) the person's spouse is an officer, manager, or
4-16 paid consultant of a Texas trade association in the field of health
4-17 care.
4-18 (c) A person may not be a member of the executive committee
4-19 or act as the general counsel to the executive committee or the
4-20 center if the person is required to register as a lobbyist under
4-21 Chapter 305, Government Code, because of the person's activities
4-22 for compensation on behalf of a profession related to the operation
4-23 of the center.
4-24 Sec. 106.0212. TRAINING FOR MEMBERS OF THE EXECUTIVE
4-25 COMMITTEE. (a) A person who is appointed to and qualifies for
4-26 office as a member of the executive committee may not vote,
4-27 deliberate, or be counted as a member in attendance at a meeting of
5-1 the executive committee until the person completes a training
5-2 program that complies with this section.
5-3 (b) The training program must provide the person with
5-4 information regarding:
5-5 (1) the legislation that created the center and the
5-6 executive committee;
5-7 (2) the programs operated by the center;
5-8 (3) the role and functions of the center;
5-9 (4) the rules of the center with an emphasis on the
5-10 rules that relate to disciplinary and investigatory authority;
5-11 (5) the current budget for the center;
5-12 (6) the results of the most recent formal audit of the
5-13 center;
5-14 (7) the requirements of:
5-15 (A) the open meetings law, Chapter 551,
5-16 Government Code;
5-17 (B) the public information law, Chapter 552,
5-18 Government Code;
5-19 (C) the administrative procedure law, Chapter
5-20 2001, Government Code; and
5-21 (D) other laws relating to public officials,
5-22 including conflict-of-interest laws; and
5-23 (8) any applicable ethics policies adopted by the
5-24 executive committee or the Texas Ethics Commission.
5-25 (c) A person appointed to the executive committee is
5-26 entitled to reimbursement, as provided by the General
5-27 Appropriations Act, for the travel expenses incurred in attending
6-1 the training program regardless of whether the attendance at the
6-2 program occurs before or after the person qualifies for office.
6-3 Sec. 106.0213. REMOVAL. (a) It is a ground for removal from
6-4 the executive committee that a member:
6-5 (1) does not have at the time of taking office the
6-6 qualifications required by Section 106.021;
6-7 (2) does not maintain during service on the executive
6-8 committee the qualifications required by Section 106.021;
6-9 (3) is ineligible for membership under Section
6-10 106.0211;
6-11 (4) cannot, because of illness or disability,
6-12 discharge the member's duties for a substantial part of the
6-13 member's term; or
6-14 (5) is absent from more than half of the regularly
6-15 scheduled executive committee meetings that the member is eligible
6-16 to attend during a calendar year without an excuse approved by a
6-17 majority vote of the executive committee.
6-18 (b) The validity of an action of the executive committee is
6-19 not affected by the fact that it is taken when a ground for removal
6-20 of an executive committee member exists.
6-21 (c) If the executive director has knowledge that a potential
6-22 ground for removal exists, the executive director shall notify the
6-23 presiding officer of the executive committee of the potential
6-24 ground. The presiding officer shall then notify the governor and
6-25 the attorney general that a potential ground for removal exists.
6-26 If the potential ground for removal involves the presiding officer,
6-27 the executive director shall notify the next highest ranking
7-1 officer of the executive committee, who shall then notify the
7-2 governor and the attorney general that a potential ground for
7-3 removal exists.
7-4 Sec. 106.0214. PRESIDING OFFICER. The governor shall
7-5 designate a member of the executive committee as the presiding
7-6 officer of the committee to serve in that capacity at the will of
7-7 the governor.
7-8 Sec. 106.0215. DIVISION OF RESPONSIBILITY. The executive
7-9 committee shall develop and implement policies that clearly
7-10 separate the policymaking responsibilities of the executive
7-11 committee and the management responsibilities of the executive
7-12 director and staff of the center.
7-13 Sec. 106.0216. PUBLIC HEARINGS. The executive committee
7-14 shall develop and implement policies that provide the public with a
7-15 reasonable opportunity to appear before the executive committee and
7-16 to speak on any issue under the jurisdiction of the center.
7-17 Sec. 106.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY
7-18 STATEMENT. (a) The executive director or the executive director's
7-19 designee shall prepare and maintain a written policy statement that
7-20 implements a program of equal employment opportunity to ensure that
7-21 all personnel decisions are made without regard to race, color,
7-22 disability, sex, religion, age, or national origin.
7-23 (b) The policy statement must include:
7-24 (1) personnel policies, including policies relating to
7-25 recruitment, evaluation, selection, training, and promotion of
7-26 personnel, that show the intent of the center to avoid the unlawful
7-27 employment practices described by Chapter 21, Labor Code; and
8-1 (2) an analysis of the extent to which the composition
8-2 of the center's personnel is in accordance with state and federal
8-3 law and a description of reasonable methods to achieve compliance
8-4 with state and federal law.
8-5 (c) The policy statement must be:
8-6 (1) updated annually;
8-7 (2) reviewed by the state Commission on Human Rights
8-8 for compliance with Subsection (b)(1); and
8-9 (3) filed with the governor's office.
8-10 Sec. 106.0222. STANDARDS OF CONDUCT. The executive director
8-11 or the executive director's designee shall provide to members of
8-12 the executive committee and to agency employees, as often as
8-13 necessary, information regarding the requirements for office or
8-14 employment under this chapter, including information regarding a
8-15 person's responsibilities under applicable laws relating to
8-16 standards of conduct for state officers or employees.
8-17 Sec. 106.027. COMPLAINTS. (a) The center shall maintain a
8-18 file on each written complaint filed with the center. The file
8-19 must include:
8-20 (1) the name of the person who filed the complaint;
8-21 (2) the date the complaint is received by the center;
8-22 (3) the subject matter of the complaint;
8-23 (4) the name of each person contacted in relation to
8-24 the complaint;
8-25 (5) a summary of the results of the review or
8-26 investigation of the complaint; and
8-27 (6) an explanation of the reason the file was closed,
9-1 if the agency closed the file without taking action other than to
9-2 investigate the complaint.
9-3 (b) The center shall provide to the person filing the
9-4 complaint and to each person who is a subject of the complaint a
9-5 copy of the center's policies and procedures relating to complaint
9-6 investigation and resolution.
9-7 (c) The center, at least quarterly until final disposition
9-8 of the complaint, shall notify the person filing the complaint and
9-9 each person who is a subject of the complaint of the status of the
9-10 investigation unless the notice would jeopardize an undercover
9-11 investigation.
9-12 Sec. 106.028. RURAL HEALTH WORK PLAN. (a) The center shall
9-13 develop, implement, and update a rural health work plan.
9-14 (b) The center shall submit the rural health work plan to
9-15 the executive committee for approval. The executive committee
9-16 shall approve the rural health work plan not later than August 1 of
9-17 each odd-numbered year.
9-18 (c) The center shall work with health care providers, rural
9-19 communities, universities, the department, the Texas Department of
9-20 Human Services, and other health and human service related state
9-21 agencies to develop the rural health work plan. The center shall
9-22 solicit public comment on the rural health work plan.
9-23 (d) The rural health work plan must identify:
9-24 (1) the mission, goals, and objectives of how the
9-25 center will work to assist rural communities in meeting rural
9-26 health care needs;
9-27 (2) ways for the state to effectively and creatively
10-1 address the unmet health care needs of rural communities;
10-2 (3) ways to coordinate the administration and delivery
10-3 of rural health care service with federal, state, and local public
10-4 and private programs that provide similar services; and
10-5 (4) the center's priorities to accomplish the
10-6 objectives of the plan.
10-7 SECTION 3. (a) The terms of all membership positions on the
10-8 executive committee of the Center for Rural Health Initiatives, as
10-9 those positions exist on the effective date of this Act, expire
10-10 August 31, 1999. The members whose terms expire on August 31,
10-11 1999, continue to hold office until their successors are appointed
10-12 as provided by Chapter 106, Health and Safety Code, as amended by
10-13 this Act, qualify for office, and complete the training program as
10-14 required by Section 106.0212, Health and Safety Code, as added by
10-15 this Act. The governor shall designate to which membership position
10-16 expiring August 31, 1999, each member appointed under Chapter 106,
10-17 Health and Safety Code, as amended by this Act, succeeds.
10-18 (b) In making the initial appointments to fill the positions
10-19 expiring August 31, 1999, the governor shall designate three of the
10-20 appointees for terms expiring February 1, 2001, three for terms
10-21 expiring February 1, 2003, and three for terms expiring February 1,
10-22 2005.
10-23 (c) The Center for Rural Health Initiatives shall submit the
10-24 first rural health work plan required by Section 106.028, Health
10-25 and Safety Code, as added by this Act, to the executive committee
10-26 for approval, and the executive committee shall approve a work plan
10-27 not later than October 1, 1999.
11-1 SECTION 4. This Act takes effect August 30, 1999.
11-2 SECTION 5. The importance of this legislation and the
11-3 crowded condition of the calendars in both houses create an
11-4 emergency and an imperative public necessity that the
11-5 constitutional rule requiring bills to be read on three several
11-6 days in each house be suspended, and this rule is hereby suspended.