1-1 By: Madla S.B. No. 354
1-2 (In the Senate - Filed February 4, 1999; February 8, 1999,
1-3 read first time and referred to Committee on Health Services;
1-4 March 11, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 11, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 354 By: Madla
A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the continuation and functions of the Center for Rural
1-10 Health Initiatives.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 106.003, 106.021, and 106.024, Health
1-13 and Safety Code, are amended to read as follows:
1-14 Sec. 106.003. SUNSET PROVISION. The Center for Rural Health
1-15 Initiatives is subject to Chapter 325, Government Code (Texas
1-16 Sunset Act). Unless continued in existence as provided by that
1-17 chapter, the center is abolished and this chapter expires September
1-18 1, 2011 [1999].
1-19 Sec. 106.021. EXECUTIVE COMMITTEE. (a) The executive
1-20 committee is the governing body of the Center for Rural Health
1-21 Initiatives.
1-22 (b) The executive committee is composed of nine[:]
1-23 [(1) three] members appointed by the governor.
1-24 (c) Six of the members must be:
1-25 (1) pharmacists, physicians, registered nurses,
1-26 physician assistants, or allied health professionals, each of whom
1-27 is licensed, registered, or certified to practice in this state;
1-28 (2) health economists; or
1-29 (3) hospital administrators.
1-30 (d) Three of the members must be:
1-31 (1) individuals with significant business expertise;
1-32 or
1-33 (2) elected members of the governing body of a
1-34 political subdivision[, one of whom is a physician licensed to
1-35 practice in this state, one of whom is a pharmacist licensed to
1-36 practice in this state, and one of whom is a business or community
1-37 leader;]
1-38 [(2) three members appointed by the lieutenant
1-39 governor, one of whom is a registered nurse licensed to practice in
1-40 this state, one of whom is an allied health professional who is
1-41 licensed, registered, or certified to practice in this state, and
1-42 one of whom is a rural health policy expert; and]
1-43 [(3) three members appointed by the speaker of the
1-44 house of representatives, one of whom is a physician licensed to
1-45 practice in this state, one of whom is a hospital administrator,
1-46 and one of whom is a health economist].
1-47 (e) A majority of the members of the executive committee
1-48 must [(c) The appointments to the executive committee must be
1-49 individuals who] reside, work, or practice in a county with a
1-50 population of 50,000 or less [rural areas of the state or who have
1-51 demonstrated knowledge and expertise in rural issues].
1-52 (f) [(d)] The appointments to the executive committee shall
1-53 provide for a balanced representation of the geographical regions
1-54 of the state.
1-55 (g) [(e)] The members of the executive committee serve
1-56 staggered six-year terms, with the terms of three members expiring
1-57 February 1 [August 31] of each odd-numbered year.
1-58 (h) [(f) The members of the executive committee annually
1-59 shall elect one member to serve as the presiding officer.]
1-60 [(g)] The executive committee shall hold a regular meeting
1-61 [meet] at least quarterly and may hold a special meeting [or] at
1-62 the call of the presiding officer or at the written request of
1-63 three members of the executive committee. The executive committee
1-64 [and] shall adopt rules for the conduct of the meetings.
2-1 (i) [(h)] Any actions taken by the executive committee must
2-2 be approved by a majority vote.
2-3 (j) [(i)] Members of the executive committee receive no
2-4 compensation but are entitled to reimbursement for the actual and
2-5 necessary expenses incurred in the performance of their duties.
2-6 (k) [(j)] The executive committee shall establish policies
2-7 and adopt rules to implement this chapter.
2-8 (l) Appointments to the executive committee shall be made
2-9 without regard to the race, color, disability, sex, religion, age,
2-10 or national origin of the appointees.
2-11 Sec. 106.024. ADMINISTRATIVE AND STAFF SUPPORT. The
2-12 department shall enter into a formal agreement with the executive
2-13 committee to provide staff support and administrative support to
2-14 the center as necessary to carry out the duties of this chapter.
2-15 Other [The department and the other] agencies represented on the
2-16 advisory committee [shall provide staff support to the center and]
2-17 may provide [staff and] other support services to the executive
2-18 committee.
2-19 SECTION 2. Subchapter B, Chapter 106, Health and Safety
2-20 Code, is amended by adding Sections 106.0211, 106.0212, 106.0213,
2-21 106.0214, 106.0215, 106.0216, 106.0221, 106.0222, 106.027, and
2-22 106.028 to read as follows:
2-23 Sec. 106.0211. CONFLICTS OF INTEREST. (a) In this section,
2-24 "Texas trade association" means a cooperative and voluntarily
2-25 joined association of business or professional competitors in this
2-26 state designed to assist its members and its industry or profession
2-27 in dealing with mutual business or professional problems and in
2-28 promoting their common interest.
2-29 (b) A person may not be a member of the executive committee
2-30 and may not be a center employee employed in a "bona fide
2-31 executive, administrative, or professional capacity," as that
2-32 phrase is used for purposes of establishing an exemption to the
2-33 overtime provisions of the federal Fair Labor Standards Act of 1938
2-34 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-35 (1) the person is an officer, employee, or paid
2-36 consultant of a Texas trade association in the field of health
2-37 care; or
2-38 (2) the person's spouse is an officer, manager, or
2-39 paid consultant of a Texas trade association in the field of health
2-40 care.
2-41 (c) A person may not be a member of the executive committee
2-42 or act as the general counsel to the executive committee or the
2-43 center if the person is required to register as a lobbyist under
2-44 Chapter 305, Government Code, because of the person's activities
2-45 for compensation on behalf of a profession related to the operation
2-46 of the center.
2-47 Sec. 106.0212. TRAINING FOR MEMBERS OF THE EXECUTIVE
2-48 COMMITTEE. (a) A person who is appointed to and qualifies for
2-49 office as a member of the executive committee may not vote,
2-50 deliberate, or be counted as a member in attendance at a meeting of
2-51 the executive committee until the person completes a training
2-52 program that complies with this section.
2-53 (b) The training program must provide the person with
2-54 information regarding:
2-55 (1) the legislation that created the center and the
2-56 executive committee;
2-57 (2) the programs operated by the center;
2-58 (3) the role and functions of the center;
2-59 (4) the rules of the center with an emphasis on the
2-60 rules that relate to disciplinary and investigatory authority;
2-61 (5) the current budget for the center;
2-62 (6) the results of the most recent formal audit of the
2-63 center;
2-64 (7) the requirements of:
2-65 (A) the open meetings law, Chapter 551,
2-66 Government Code;
2-67 (B) the public information law, Chapter 552,
2-68 Government Code;
2-69 (C) the administrative procedure law, Chapter
3-1 2001, Government Code; and
3-2 (D) other laws relating to public officials,
3-3 including conflict-of-interest laws; and
3-4 (8) any applicable ethics policies adopted by the
3-5 executive committee or the Texas Ethics Commission.
3-6 (c) A person appointed to the executive committee is
3-7 entitled to reimbursement, as provided by the General
3-8 Appropriations Act, for the travel expenses incurred in attending
3-9 the training program regardless of whether the attendance at the
3-10 program occurs before or after the person qualifies for office.
3-11 Sec. 106.0213. REMOVAL. (a) It is a ground for removal
3-12 from the executive committee that a member:
3-13 (1) does not have at the time of taking office the
3-14 qualifications required by Section 106.021;
3-15 (2) does not maintain during service on the executive
3-16 committee the qualifications required by Section 106.021;
3-17 (3) is ineligible for membership under Section
3-18 106.0211;
3-19 (4) cannot, because of illness or disability,
3-20 discharge the member's duties for a substantial part of the
3-21 member's term; or
3-22 (5) is absent from more than half of the regularly
3-23 scheduled executive committee meetings that the member is eligible
3-24 to attend during a calendar year without an excuse approved by a
3-25 majority vote of the executive committee.
3-26 (b) The validity of an action of the executive committee is
3-27 not affected by the fact that it is taken when a ground for removal
3-28 of an executive committee member exists.
3-29 (c) If the executive director has knowledge that a potential
3-30 ground for removal exists, the executive director shall notify the
3-31 presiding officer of the executive committee of the potential
3-32 ground. The presiding officer shall then notify the governor and
3-33 the attorney general that a potential ground for removal exists.
3-34 If the potential ground for removal involves the presiding officer,
3-35 the executive director shall notify the next highest ranking
3-36 officer of the executive committee, who shall then notify the
3-37 governor and the attorney general that a potential ground for
3-38 removal exists.
3-39 Sec. 106.0214. PRESIDING OFFICER. The governor shall
3-40 designate a member of the executive committee as the presiding
3-41 officer of the committee to serve in that capacity at the will of
3-42 the governor.
3-43 Sec. 106.0215. DIVISION OF RESPONSIBILITY. The executive
3-44 committee shall develop and implement policies that clearly
3-45 separate the policymaking responsibilities of the executive
3-46 committee and the management responsibilities of the executive
3-47 director and staff of the center.
3-48 Sec. 106.0216. PUBLIC HEARINGS. The executive committee
3-49 shall develop and implement policies that provide the public with a
3-50 reasonable opportunity to appear before the executive committee and
3-51 to speak on any issue under the jurisdiction of the center.
3-52 Sec. 106.0221. EQUAL EMPLOYMENT OPPORTUNITY POLICY
3-53 STATEMENT. (a) The executive director or the executive director's
3-54 designee shall prepare and maintain a written policy statement that
3-55 implements a program of equal employment opportunity to ensure that
3-56 all personnel decisions are made without regard to race, color,
3-57 disability, sex, religion, age, or national origin.
3-58 (b) The policy statement must include:
3-59 (1) personnel policies, including policies relating to
3-60 recruitment, evaluation, selection, training, and promotion of
3-61 personnel, that show the intent of the center to avoid the unlawful
3-62 employment practices described by Chapter 21, Labor Code; and
3-63 (2) an analysis of the extent to which the composition
3-64 of the center's personnel is in accordance with state and federal
3-65 law and a description of reasonable methods to achieve compliance
3-66 with state and federal law.
3-67 (c) The policy statement must be:
3-68 (1) updated annually;
3-69 (2) reviewed by the state Commission on Human Rights
4-1 for compliance with Subsection (b)(1); and
4-2 (3) filed with the governor's office.
4-3 Sec. 106.0222. STANDARDS OF CONDUCT. The executive director
4-4 or the executive director's designee shall provide to members of
4-5 the executive committee and to agency employees, as often as
4-6 necessary, information regarding the requirements for office or
4-7 employment under this chapter, including information regarding a
4-8 person's responsibilities under applicable laws relating to
4-9 standards of conduct for state officers or employees.
4-10 Sec. 106.027. COMPLAINTS. (a) The center shall maintain a
4-11 file on each written complaint filed with the center. The file
4-12 must include:
4-13 (1) the name of the person who filed the complaint;
4-14 (2) the date the complaint is received by the center;
4-15 (3) the subject matter of the complaint;
4-16 (4) the name of each person contacted in relation to
4-17 the complaint;
4-18 (5) a summary of the results of the review or
4-19 investigation of the complaint; and
4-20 (6) an explanation of the reason the file was closed,
4-21 if the agency closed the file without taking action other than to
4-22 investigate the complaint.
4-23 (b) The center shall provide to the person filing the
4-24 complaint and to each person who is a subject of the complaint a
4-25 copy of the center's policies and procedures relating to complaint
4-26 investigation and resolution.
4-27 (c) The center, at least quarterly until final disposition
4-28 of the complaint, shall notify the person filing the complaint and
4-29 each person who is a subject of the complaint of the status of the
4-30 investigation unless the notice would jeopardize an undercover
4-31 investigation.
4-32 Sec. 106.028. RURAL HEALTH WORK PLAN. (a) The center shall
4-33 develop, implement, and update a rural health work plan.
4-34 (b) The center shall submit the rural health work plan to
4-35 the executive committee for approval. The executive committee
4-36 shall approve the rural health work plan not later than August 1 of
4-37 each odd-numbered year.
4-38 (c) The center shall work with health care providers, rural
4-39 communities, universities, the department, and all other health and
4-40 human service related state agencies to develop the rural health
4-41 work plan. The center shall solicit public comment on the rural
4-42 health work plan.
4-43 (d) The rural health work plan must identify:
4-44 (1) the mission, goals, and objectives of how the
4-45 center will work to assist rural communities in meeting rural
4-46 health care needs;
4-47 (2) ways for the state to effectively and creatively
4-48 address the unmet health care needs of rural communities;
4-49 (3) ways to coordinate the administration and delivery
4-50 of rural health care service with federal, state, and local public
4-51 and private programs that provide similar services; and
4-52 (4) the center's priorities to accomplish the
4-53 objectives of the plan.
4-54 SECTION 3. (a) The terms of all membership positions on the
4-55 executive committee of the Center for Rural Health Initiatives, as
4-56 those positions exist on the effective date of this Act, expire
4-57 August 31, 1999. The members whose terms expire on August 31,
4-58 1999, continue to hold office until their successors are appointed
4-59 as provided by Chapter 106, Health and Safety Code, as amended by
4-60 this Act, qualify for office, and complete the training program as
4-61 required by Section 106.0212, Health and Safety Code, as added by
4-62 this Act. The governor shall designate to which membership position
4-63 expiring August 31, 1999, each member appointed under Chapter 106,
4-64 Health and Safety Code, as amended by this Act, succeeds.
4-65 (b) In making the initial appointments to fill the positions
4-66 expiring August 31, 1999, the governor shall designate three of the
4-67 appointees for terms expiring February 1, 2001, three for terms
4-68 expiring February 1, 2003, and three for terms expiring February 1,
4-69 2005.
5-1 (c) The Center for Rural Health Initiatives shall submit the
5-2 first rural health work plan required by Section 106.028, Health
5-3 and Safety Code, as added by this Act, to the executive committee
5-4 for approval, and the executive committee shall approve a work plan
5-5 not later than October 1, 1999.
5-6 SECTION 4. This Act takes effect August 30, 1999.
5-7 SECTION 5. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.
5-12 * * * * *