By: Zaffirini, Bernsen S.B. No. 1291
Moncrief, Gallegos
A BILL TO BE ENTITLED
AN ACT
1-1 relating to tobacco use in this state.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter O, Chapter 161, Health and Safety
1-4 Code, is amended to read as follows:
1-5 SUBCHAPTER O. PREVENTION OF TOBACCO USE [BY MINORS]
1-6 Sec. 161.301. DEFINITIONS. In this subchapter:
1-7 (1) "Advisory committee" means the Tobacco Control
1-8 Program Advisory Committee established under Section 161.310.
1-9 (2) "Program" means the tobacco control program
1-10 established under Section 161.302.
1-11 Sec. 161.302. TEXAS TOBACCO CONTROL PROGRAM. (a) The
1-12 department shall implement a tobacco control program in accordance
1-13 with this subchapter to:
1-14 (1) prevent tobacco use by minors;
1-15 (2) motivate adults and minors to stop using tobacco
1-16 and to use available treatments for nicotine addiction;
1-17 (3) protect the public from involuntary exposure to
1-18 tobacco smoke in the environment; and
1-19 (4) eliminate disparities in tobacco use among
1-20 population groups.
1-21 (b) The department shall coordinate the program throughout
1-22 the state and shall provide training and assistance as necessary to
1-23 implement the program in communities throughout the state.
1-24 (c) The department shall implement the program under this
2-1 subchapter subject to the availability of appropriated money. It
2-2 is the intent of the legislature that, if one or more
2-3 interest-generating funds is established using money available to
2-4 the state under the Comprehensive Settlement Agreement and Release
2-5 filed in the case of The State of Texas v. The American Tobacco
2-6 Co., et al., No. 5-96CV-91, in the United States District Court,
2-7 Eastern District of Texas, the money appropriated for the program
2-8 should come from interest earned from those interest-generating
2-9 funds.
2-10 Sec. 161.303. PROGRAM COMPONENTS. The tobacco control
2-11 program must include:
2-12 (1) grants for communities as described by Section
2-13 161.307;
2-14 (2) the public awareness campaign and media resource
2-15 center described by Section 161.305;
2-16 (3) nicotine addiction treatment and tobacco use
2-17 cessation, including efforts to target at-risk populations, as
2-18 described by Section 161.304;
2-19 (4) research and data collection to enable the
2-20 department to monitor tobacco use in this state;
2-21 (5) evaluation of the effectiveness of each component
2-22 of the tobacco control program, as described by Section 161.309;
2-23 and
2-24 (6) other similar program components implemented by
2-25 the department to accomplish the purposes of the program identified
2-26 by Section 161.302.
3-1 Sec. 161.304. AT-RISK POPULATIONS. The program must include
3-2 a component targeted to populations considered at risk for tobacco
3-3 use and tobacco related illness, including racial or ethnic
3-4 minorities with a high morbidity or mortality of tobacco related
3-5 illness, rural populations, and minors in nontraditional settings.
3-6 The department shall ensure that each other program component is
3-7 coordinated with the component targeted to at-risk populations and
3-8 includes appropriate elements targeted to at-risk populations.
3-9 Sec. 161.305. TOBACCO USE PUBLIC AWARENESS CAMPAIGN; MEDIA
3-10 RESOURCE CENTER. (a) The department [commissioner] shall develop
3-11 and implement a public awareness campaign designed to reduce
3-12 tobacco use [by minors] in this state. The campaign may use
3-13 advertisements or similar media to provide educational information
3-14 about tobacco use.
3-15 (b) The department shall establish a media resource center
3-16 to provide materials, training, and support for community programs
3-17 throughout the state.
3-18 Sec. 161.306. CONTRACTS FOR IMPLEMENTATION. (a) The
3-19 department [commissioner] may contract with another person to:
3-20 (1) develop and implement the public awareness
3-21 campaign described by Section 161.305;
3-22 (2) provide nicotine addiction treatment and tobacco
3-23 use cessation;
3-24 (3) conduct research and collect data; and
3-25 (4) perform other specific functions under this
3-26 subchapter as considered appropriate by the department.
4-1 (b) A [The] contract awarded under this subchapter must
4-2 [shall] be awarded as provided by Section 161.311 [on the basis of
4-3 competitive bids]. Any request for proposal used to solicit
4-4 applicants for the contract must include specific requirements
4-5 implementing Section 161.309.
4-6 (c) A contract awarded to implement the public awareness
4-7 campaign described by Section 161.305 [under Subsection (b)] may be
4-8 awarded only to a business that has a proven background in
4-9 advertising and public relations campaigns.
4-10 (d) The department [commissioner] may not award a contract
4-11 under this subchapter [Subsection (b)] to:
4-12 (1) a person or entity that is required to register
4-13 with the Texas Ethics Commission under Chapter 305, Government
4-14 Code;
4-15 (2) any partner, employee, [employer,] relative,
4-16 contractor, consultant, or related entity of a person or entity
4-17 described by Subdivision (1); or
4-18 (3) a person or entity who has been hired to represent
4-19 associations or other entities for the purpose of affecting the
4-20 outcome of legislation, agency rules, or other government policies
4-21 through grassroots or media campaigns.
4-22 (e) The persons or entities described by Subsection (d) are
4-23 not eligible to receive the money or participate either directly or
4-24 indirectly in a program operated under a contract awarded under
4-25 this subchapter [the public awareness campaign].
4-26 Sec. 161.307. GRANTS FOR COMMUNITIES. (a) The department,
5-1 as a component of the program, shall develop and implement a
5-2 competitive grant program to support efforts to reduce the use of
5-3 tobacco products in communities in this state. Grant recipients
5-4 under this section may include local government units,
5-5 community-based organizations, and schools.
5-6 (b) The department shall solicit proposals for grants under
5-7 this section by publication of a request for proposals. Any
5-8 request for proposals used during the competitive grant process
5-9 must include specific requirements implementing Section 161.309.
5-10 Sec. 161.308 [161.302]. GRANTS [GRANT PROGRAM] FOR YOUTH
5-11 GROUPS. (a) The department, as a component of the program,
5-12 [entity administering Section 161.301] shall also develop and
5-13 implement a competitive grant program to support youth groups that
5-14 include as a part of the group's program components related to
5-15 reduction of tobacco use by the group's members.
5-16 (b) "Youth group" means a nonprofit organization that:
5-17 (1) is [chartered as] a national, [or] statewide, or
5-18 community organization;
5-19 (2) is organized and operated exclusively for youth
5-20 recreational or educational purposes and that includes, as part of
5-21 the group's program, in addition to the components described by
5-22 Subsection (a), components relating to:
5-23 (A) prevention of drug abuse;
5-24 (B) character development;
5-25 (C) citizenship training; and
5-26 (D) physical and mental fitness;
6-1 (3) has been in existence for at least five [10]
6-2 years; and
6-3 (4) has a membership of which at least 65 percent is
6-4 younger than 22 years of age.
6-5 Sec. 161.309. OUTCOME-BASED FUNDING AND EVALUATION OF
6-6 PROGRAM COMPONENTS; EVALUATION OF PROGRAM. (a) The department
6-7 shall fund and evaluate each program component, including a program
6-8 component operated by the department, a grant recipient, or a
6-9 person operating under contract to the department, based on whether
6-10 the program is effective in accomplishing a result identified under
6-11 Section 161.302.
6-12 (b) The evaluation of program components under this section
6-13 must be:
6-14 (1) conducted continuously; and
6-15 (2) outcome-based and designed to permit the
6-16 department to identify, promote, and verify specific results that
6-17 benefit or change the behavior of persons who are served by the
6-18 program in accordance with the desired program results identified
6-19 by Section 161.302, through the establishment of performance
6-20 targets that define achievement for a specific program component or
6-21 other appropriate performance measures.
6-22 Sec. 161.310. ADVISORY COMMITTEE. (a) The Tobacco Control
6-23 Program Advisory Committee is composed of 13 members as follows:
6-24 (1) one person who represents the department,
6-25 appointed by the board;
6-26 (2) one person who represents the Texas Cancer
7-1 Council, appointed by the council;
7-2 (3) one person who represents the Texas Commission on
7-3 Alcohol and Drug Abuse, appointed by the commission;
7-4 (4) one person who represents the comptroller,
7-5 appointed by the comptroller;
7-6 (5) one person who represents the Texas Education
7-7 Agency, appointed by the commissioner of education;
7-8 (6) one person who represents the Texas division of
7-9 the American Cancer Society, appointed by the governing body of
7-10 that entity;
7-11 (7) one person who represents the Texas affiliate of
7-12 the American Heart Association, appointed by the governing body of
7-13 that entity;
7-14 (8) one person who represents the American Lung
7-15 Association of Texas, appointed by the governing body of that
7-16 entity;
7-17 (9) one person who represents the Texas Academy of
7-18 Family Physicians, appointed by the governing body of that entity;
7-19 (10) one person who represents the Texas Medical
7-20 Association, appointed by the governing body of that entity;
7-21 (11) one person who represents the Texas
7-22 Parent-Teacher Association, appointed by the governing body of that
7-23 entity; and
7-24 (12) two persons, one of whom is a minor, who
7-25 represent populations considered at risk for tobacco use and
7-26 tobacco related illness, as described by Section 161.304, appointed
8-1 by the board.
8-2 (b) The department may use staff resources of the department
8-3 to provide administrative and clerical support to assist the
8-4 committee in performing its duties under this subchapter or may
8-5 require each state agency with a representative serving on the
8-6 committee to share the cost of providing administrative and
8-7 clerical support to the committee.
8-8 (c) The advisory committee is not subject to Chapter 2110,
8-9 Government Code.
8-10 Sec. 161.311. SYSTEM FOR AWARDING CONTRACT OR GRANT.
8-11 (a) The board by rule shall adopt a system of awarding contracts
8-12 and grants under this subchapter that includes competitive and
8-13 noncompetitive procedures to:
8-14 (1) provide reasonable access in each region to
8-15 services provided under the contracts and grants; and
8-16 (2) include local public participation in making
8-17 regional funding decisions and formal funding recommendations.
8-18 (b) The department, under rules adopted by the board, shall
8-19 award any contract or grant under this subchapter to the applicant
8-20 that the department determines has made the bid or proposal that
8-21 provides the best value for delivering the particular services.
8-22 (c) In determining the best value under this section, the
8-23 department shall consider:
8-24 (1) the quality of the proposed service to be
8-25 delivered by the applicant under the contract or as proposed in the
8-26 grant application, including, if applicable, the results
9-1 accomplished by the applicant under a contract or grant previously
9-2 awarded to the applicant under this subchapter as determined under
9-3 the evaluation conducted under Section 161.309;
9-4 (2) the cost of the contract or amount of the grant;
9-5 (3) the applicant's ability to:
9-6 (A) perform the contract or the services
9-7 proposed in the grant application in accordance with the contract
9-8 or requirements relating to the grant; and
9-9 (B) provide continuity of service;
9-10 (4) whether the applicant can perform the contract or
9-11 provide the services within the period required, without delay or
9-12 interference;
9-13 (5) the applicant's history of:
9-14 (A) performance of contracts or services under
9-15 grants; and
9-16 (B) compliance with the laws relating to the
9-17 applicant's business operations and the affected services;
9-18 (6) whether the applicant's financial resources are
9-19 sufficient to provide the services;
9-20 (7) whether necessary or desirable support and
9-21 ancillary services are available to the applicant;
9-22 (8) the degree of community support for the applicant;
9-23 (9) the quality of the facilities and equipment
9-24 available to or proposed by the applicant;
9-25 (10) the ability of the applicant to meet applicable
9-26 written department policies, principles, and rules;
10-1 (11) state investment in the applicant; and
10-2 (12) other factors the board determines are relevant.
10-3 (d) In considering an applicant for a grant under Subsection
10-4 (b), the department shall also consider the need for the services
10-5 to be provided under the grant in the particular community in which
10-6 the services are to be provided by the applicant.
10-7 (e) Rules adopted under this section must state the
10-8 department's procedures for selecting contractors and grant
10-9 recipients, including:
10-10 (1) service purchase methods;
10-11 (2) eligibility criteria;
10-12 (3) provider selection criteria; and
10-13 (4) selection determination procedures.
10-14 Sec. 161.312. DUTIES OF ADVISORY COMMITTEE. The advisory
10-15 committee shall:
10-16 (1) seek input from the public, including input from
10-17 minors and populations considered at risk for tobacco use and
10-18 tobacco related illness;
10-19 (2) make recommendations to the department for
10-20 accomplishing the desired program results identified by Section
10-21 161.302; and
10-22 (3) review and comment on proposed rules to be adopted
10-23 by the board under this subchapter.
10-24 Sec. 161.313. REPORT. (a) Not later than November 15 of
10-25 each even-numbered year, the department, in consultation with the
10-26 advisory committee, shall submit a report to the governor,
11-1 lieutenant governor, speaker of the house of representatives, and
11-2 Legislative Budget Board.
11-3 (b) The report must include:
11-4 (1) the results of the evaluation of specific program
11-5 components under Section 161.309, including an analysis of the
11-6 extent to which a program component produced a benefit or change in
11-7 the behavior of persons who are served by the program component in
11-8 accordance with the desired program results identified by Section
11-9 161.302;
11-10 (2) recommended funding levels for the program,
11-11 including funding strategies that target the most successful
11-12 program components; and
11-13 (3) recommendations for legislation, if the advisory
11-14 committee determines that legislation is necessary or appropriate.
11-15 Sec. 161.314. RULES. The board may adopt rules to implement
11-16 this subchapter.
11-17 SECTION 2. It is the intent of the legislature that to the
11-18 extent possible on implementation of this Act, the Texas Department
11-19 of Health shall use existing staff resources to provide
11-20 administrative and clerical support to the Tobacco Control Program
11-21 Advisory Committee established under Subchapter O, Chapter 161,
11-22 Health and Safety Code, as amended by this Act.
11-23 SECTION 3. The importance of this legislation and the crowded
11-24 condition of the calendars in both houses create an emergency and
11-25 an imperative public necessity that the constitutional rule
11-26 requiring bills to be read on three several days in each house be
12-1 suspended, and this rule is hereby suspended, and that this Act
12-2 take effect and be in force from and after its passage, and it is
12-3 so enacted.
12-4 COMMITTEE AMENDMENT NO. 1
12-5 Amend S.B. No. 1291, in SECTION 1, in redesignated and
12-6 amended Section 161.306(d)(2), Health and Safety Code (senate
12-7 engrossment, page 4, line 17), by striking "consultant, or related
12-8 entity" and substituting "or consultant[, or related entity]".
12-9 76R15276 DLF-F McCall