By Moncrief                                            S.B. No. 602
         76R5459 MCK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the membership of the Texas Board of Health and the
 1-3     membership and powers of the Interagency Council for Genetic
 1-4     Services.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 11.005(a), Health and Safety Code, is
 1-7     amended to read as follows:
 1-8           (a)  The board is composed of six members appointed by the
 1-9     governor with the advice and consent of the senate and one
1-10     nonvoting member appointed by the Interagency Council for Genetic
1-11     Services.
1-12           SECTION 2.  Sections 134.001(b), (c), and (d), Human
1-13     Resources Code, are amended to read as follows:
1-14           (b)  The council consists of:
1-15                 (1)  a representative of the Texas Department of Mental
1-16     Health and Mental Retardation, appointed by the commissioner of
1-17     mental health and mental retardation;
1-18                 (2)  a representative of the Texas Department of
1-19     Health, appointed by the commissioner of health;
1-20                 (3)  a representative of the Texas Department of
1-21     Insurance [Human Services], appointed by the commissioner of
1-22     insurance [human  services];
1-23                 (4)  a representative of The University of Texas health
1-24     science centers, appointed by the chancellor of The University of
 2-1     Texas System;
 2-2                 (5)  a representative of the public and private
 2-3     entities that contract with the Texas Department of Health to
 2-4     provide genetic services, elected from their membership; and
 2-5                 (6)  two consumers of genetic services, family members
 2-6     of consumers of genetic services, or representatives of consumer
 2-7     groups related to the provision of genetic services, appointed by
 2-8     the governor.
 2-9           (c)  The members provided for by Subdivisions (5) and (6) of
2-10     Subsection (b) of this section serve two-year terms and may be
2-11     reappointed or reelected for subsequent terms.  A representative of
2-12     the Texas Department of Mental Health and Mental Retardation, Texas
2-13     Department of Health, Texas Department of Insurance [Human
2-14     Services], or The University of Texas health science centers serves
2-15     at the pleasure  of his respective commissioner or chancellor or
2-16     until termination of his employment with the entity he represents.
2-17           (d)  The members of the council shall annually elect:
2-18                 (1)  one member to serve as chairperson; and
2-19                 (2)  one member to serve as a nonvoting member of the
2-20     Texas Board of Health as an additional duty attendant to the
2-21     person's service on the council.
2-22           SECTION 3.  Chapter 134, Human Resources Code, is amended by
2-23     adding Section 134.002 to read as follows:
2-24           Sec. 134.002.  RULES.   (a)  The council may adopt rules to
2-25     implement this chapter.
2-26           (b)  Notwithstanding any other law, a state agency that is a
2-27     member of the council may not adopt a rule relating to genetics or
 3-1     genetic services unless the rule is initiated by the council.
 3-2           SECTION 4.  Section 134.003(b), Human Resources Code, is
 3-3     amended to read as follows:
 3-4           (b)  The Texas Department of Health, Texas Department of
 3-5     Mental Health and Mental Retardation, Texas Department of Insurance
 3-6     [Human Services], and The University of Texas health science
 3-7     centers shall share the cost of  providing clerical and advisory
 3-8     support staff to the council.
 3-9           SECTION 5.  Section 134.004, Human Resources Code, is amended
3-10     to read as follows:
3-11           Sec.  134.004.  DUTIES.  The council shall:
3-12                 (1)  survey current resources for genetic services in
3-13     the state;
3-14                 (2)  initiate a scientific evaluation of the current
3-15     and future needs for the services;
3-16                 (3)  develop a comparable data base among providers
3-17     that will permit the evaluation of cost-effectiveness and the value
3-18     of different genetic services and methods of service delivery;
3-19                 (4)  promote a common statewide data base to study the
3-20     epidemiology of genetic disorders;
3-21                 (5)  assist in coordinating statewide genetic services
3-22     for all state residents;
3-23                 (6)  increase the flow of information among separate
3-24     providers and appropriation authorities;
3-25                 (7)  develop guidelines to monitor the provision of
3-26     genetic services, including laboratory testing; [and]
3-27                 (8)  identify state entities that serve persons who are
 4-1     affected by or who are at risk of having children who are affected
 4-2     by environmental genetic disorders and coordinate activities with
 4-3     those agencies; and
 4-4                 (9)  propose rules to the state agencies named in
 4-5     Sections 134.001(b)(1), (2), and (3) that the council considers
 4-6     necessary to assist the council in fulfilling its duties under this
 4-7     section.
 4-8           SECTION 6.  Section 134.005(b), Human Resources Code, is
 4-9     amended to read as follows:
4-10           (b)  If the Texas Department of Health, Texas Department of
4-11     Mental Health and Mental Retardation, Texas Department of Insurance
4-12     [Human Services], or The University of Texas health science centers
4-13     receive federal funds to be used only to coordinate and plan
4-14     statewide genetic services, the department or system shall transfer
4-15     the funds to the council through the Texas Department of Health to
4-16     be used for the purposes for which the funds were received.
4-17           SECTION 7.  Section 134.006, Human Resources Code, is amended
4-18     to read as follows:
4-19           Sec. 134.006.  ANNUAL REPORTS.  The council shall annually
4-20     submit a progress report to the boards of the Texas Department of
4-21     Health, Texas Department of Mental Health and Mental Retardation,
4-22     and Texas Department of Insurance [Human Services] and to the board
4-23     of regents of The University of Texas System.
4-24           SECTION 8.  This Act takes effect September 1, 1999.
4-25           SECTION 9.  The importance of this legislation and the
4-26     crowded condition of the calendars in both houses create an
4-27     emergency and an imperative public necessity that the
 5-1     constitutional rule requiring bills to be read on three several
 5-2     days in each house be suspended, and this rule is hereby suspended.