1-1 By: Zaffirini S.B. No. 1291
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Human Services;
1-4 April 16, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 16, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1291 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to tobacco use in this state.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter O, Chapter 161, Health and Safety
1-13 Code, is amended to read as follows:
1-14 SUBCHAPTER O. PREVENTION OF TOBACCO USE [BY MINORS]
1-15 Sec. 161.301. DEFINITIONS. In this subchapter:
1-16 (1) "Advisory committee" means the Tobacco Control
1-17 Program Advisory Committee established under Section 161.310.
1-18 (2) "Program" means the tobacco control program
1-19 established under Section 161.302.
1-20 Sec. 161.302. TEXAS TOBACCO CONTROL PROGRAM. (a) The
1-21 department shall implement a tobacco control program in accordance
1-22 with this subchapter to:
1-23 (1) prevent tobacco use by minors;
1-24 (2) motivate adults and minors to stop using tobacco
1-25 and to use available treatments for nicotine addiction;
1-26 (3) protect the public from involuntary exposure to
1-27 tobacco smoke in the environment; and
1-28 (4) eliminate disparities in tobacco use among
1-29 population groups.
1-30 (b) The department shall coordinate the program throughout
1-31 the state and shall provide training and assistance as necessary to
1-32 implement the program in communities throughout the state.
1-33 (c) The department shall implement the program under this
1-34 subchapter subject to the availability of appropriated money. It
1-35 is the intent of the legislature that, if one or more
1-36 interest-generating funds is established using money available to
1-37 the state under the Comprehensive Settlement Agreement and Release
1-38 filed in the case of The State of Texas v. The American Tobacco
1-39 Co., et al., No. 5-96CV-91, in the United States District Court,
1-40 Eastern District of Texas, the money appropriated for the program
1-41 should come from interest earned from those interest-generating
1-42 funds.
1-43 Sec. 161.303. PROGRAM COMPONENTS. The tobacco control
1-44 program must include:
1-45 (1) grants for communities as described by Section
1-46 161.307;
1-47 (2) the public awareness campaign and media resource
1-48 center described by Section 161.305;
1-49 (3) nicotine addiction treatment and tobacco use
1-50 cessation, including efforts to target at-risk populations, as
1-51 described by Section 161.304;
1-52 (4) research and data collection to enable the
1-53 department to monitor tobacco use in this state;
1-54 (5) evaluation of the effectiveness of each component
1-55 of the tobacco control program, as described by Section 161.309;
1-56 and
1-57 (6) other similar program components implemented by
1-58 the department to accomplish the purposes of the program identified
1-59 by Section 161.302.
1-60 Sec. 161.304. AT-RISK POPULATIONS. The program must include
1-61 a component targeted to populations considered at risk for tobacco
1-62 use and tobacco related illness, including racial or ethnic
1-63 minorities with a high morbidity or mortality of tobacco related
1-64 illness, rural populations, and minors in nontraditional settings.
2-1 The department shall ensure that each other program component is
2-2 coordinated with the component targeted to at-risk populations and
2-3 includes appropriate elements targeted to at-risk populations.
2-4 Sec. 161.305. TOBACCO USE PUBLIC AWARENESS CAMPAIGN; MEDIA
2-5 RESOURCE CENTER. (a) The department [commissioner] shall develop
2-6 and implement a public awareness campaign designed to reduce
2-7 tobacco use [by minors] in this state. The campaign may use
2-8 advertisements or similar media to provide educational information
2-9 about tobacco use.
2-10 (b) The department shall establish a media resource center
2-11 to provide materials, training, and support for community programs
2-12 throughout the state.
2-13 Sec. 161.306. CONTRACTS FOR IMPLEMENTATION. (a) The
2-14 department [commissioner] may contract with another person to:
2-15 (1) develop and implement the public awareness
2-16 campaign described by Section 161.305;
2-17 (2) provide nicotine addiction treatment and tobacco
2-18 use cessation;
2-19 (3) conduct research and collect data; and
2-20 (4) perform other specific functions under this
2-21 subchapter as considered appropriate by the department.
2-22 (b) A [The] contract awarded under this subchapter must
2-23 [shall] be awarded on the basis of competitive bids. Any request
2-24 for proposal used during the competitive bid process must include
2-25 specific requirements implementing Section 161.309.
2-26 (c) A contract awarded to implement the public awareness
2-27 campaign described by Section 161.305 [under Subsection (b)] may be
2-28 awarded only to a business that has a proven background in
2-29 advertising and public relations campaigns.
2-30 (d) The department [commissioner] may not award a contract
2-31 under this subchapter [Subsection (b)] to:
2-32 (1) a person or entity that is required to register
2-33 with the Texas Ethics Commission under Chapter 305, Government
2-34 Code;
2-35 (2) any partner, employee, employer, relative,
2-36 contractor, consultant, or related entity of a person or entity
2-37 described by Subdivision (1); or
2-38 (3) a person or entity who has been hired to represent
2-39 associations or other entities for the purpose of affecting the
2-40 outcome of legislation, agency rules, or other government policies
2-41 through grassroots or media campaigns.
2-42 (e) The persons or entities described by Subsection (d) are
2-43 not eligible to receive the money or participate either directly or
2-44 indirectly in a program operated under a contract awarded under
2-45 this subchapter [the public awareness campaign].
2-46 Sec. 161.307. GRANTS FOR COMMUNITIES. (a) The department,
2-47 as a component of the program, shall develop and implement a
2-48 competitive grant program to support efforts to reduce the use of
2-49 tobacco products in communities in this state. Grant recipients
2-50 under this section may include local government units,
2-51 community-based organizations, and schools.
2-52 (b) The department shall solicit proposals for grants under
2-53 this section by publication of a request for proposals. Any
2-54 request for proposal used during the competitive grant process must
2-55 include specific requirements implementing Section 161.309.
2-56 Sec. 161.308 [161.302]. GRANTS [GRANT PROGRAM] FOR YOUTH
2-57 GROUPS. (a) The department, as a component of the program,
2-58 [entity administering Section 161.301] shall also develop and
2-59 implement a competitive grant program to support youth groups that
2-60 include as a part of the group's program components related to
2-61 reduction of tobacco use by the group's members.
2-62 (b) "Youth group" means a nonprofit organization that:
2-63 (1) is chartered as a national or statewide
2-64 organization;
2-65 (2) is organized and operated exclusively for youth
2-66 recreational or educational purposes and that includes, as part of
2-67 the group's program, in addition to the components described by
2-68 Subsection (a), components relating to:
2-69 (A) prevention of drug abuse;
3-1 (B) character development;
3-2 (C) citizenship training; and
3-3 (D) physical and mental fitness;
3-4 (3) has been in existence for at least 10 years; and
3-5 (4) has a membership of which at least 65 percent is
3-6 younger than 22 years of age.
3-7 Sec. 161.309. OUTCOME-BASED FUNDING AND EVALUATION OF
3-8 PROGRAM COMPONENTS; EVALUATION OF PROGRAM. (a) The department
3-9 shall fund and evaluate each program component, including a program
3-10 component operated by the department, a grant recipient, or a
3-11 person operating under contract to the department, based on whether
3-12 the program is effective in accomplishing a result identified under
3-13 Section 161.302.
3-14 (b) The evaluation of program components under this section
3-15 must be:
3-16 (1) conducted continuously; and
3-17 (2) outcome-based and designed to permit the
3-18 department to identify, promote, and verify specific results that
3-19 benefit or change the behavior of persons who are served by the
3-20 program in accordance with the desired program results identified
3-21 by Section 161.302, through the establishment of performance
3-22 targets that define achievement for a specific program component or
3-23 other appropriate performance measures.
3-24 Sec. 161.310. ADVISORY COMMITTEE. (a) The Tobacco Control
3-25 Program Advisory Committee is composed of 11 members as follows:
3-26 (1) one person who represents the department,
3-27 appointed by the board;
3-28 (2) one person who represents the Texas Cancer
3-29 Council, appointed by the council;
3-30 (3) one person who represents the Texas Commission on
3-31 Alcohol and Drug Abuse, appointed by the commission;
3-32 (4) one person who represents the comptroller,
3-33 appointed by the comptroller;
3-34 (5) one person who represents the Texas Education
3-35 Agency, appointed by the commissioner of education;
3-36 (6) one person who represents the Texas division of
3-37 the American Cancer Society, appointed by the governing body of
3-38 that entity;
3-39 (7) one person who represents the Texas affiliate of
3-40 the American Heart Association, appointed by the governing body of
3-41 that entity;
3-42 (8) one person who represents the American Lung
3-43 Association of Texas, appointed by the governing body of that
3-44 entity;
3-45 (9) one person who represents the Texas Academy of
3-46 Family Physicians, appointed by the governing body of that entity;
3-47 (10) one person who represents the Texas Medical
3-48 Association, appointed by the governing body of that entity; and
3-49 (11) one person who represents the Texas
3-50 Parent-Teacher Association, appointed by the governing body of that
3-51 entity.
3-52 (b) The department may use staff resources of the department
3-53 to provide administrative and clerical support to assist the
3-54 committee in performing its duties under this subchapter or may
3-55 require each state agency with a representative serving on the
3-56 committee to share the cost of providing administrative and
3-57 clerical support to the committee.
3-58 (c) The advisory committee is not subject to Chapter 2110,
3-59 Government Code.
3-60 Sec. 161.311. DUTIES OF ADVISORY COMMITTEE. The advisory
3-61 committee shall:
3-62 (1) seek input from the public, including input from
3-63 minors and populations considered at risk for tobacco use and
3-64 tobacco related illness;
3-65 (2) make recommendations to the department with
3-66 respect to the implementation of this subchapter;
3-67 (3) review proposals received by the department under
3-68 the grant program established under this subchapter and make
3-69 recommendations to the department with respect to which proposals
4-1 should be funded;
4-2 (4) review proposals submitted in connection with
4-3 contracts to be awarded under this subchapter and make
4-4 recommendations to the department with respect to which prospective
4-5 contractor should be awarded the contract; and
4-6 (5) review and comment on proposed rules to be adopted
4-7 by the board under this subchapter.
4-8 Sec. 161.312. ADVISORY COMMITTEE REPORT. (a) Not later
4-9 than November 15 of each even-numbered year, the advisory committee
4-10 shall submit a report to the governor, lieutenant governor, speaker
4-11 of the house of representatives, and Legislative Budget Board.
4-12 (b) The report must include:
4-13 (1) the results of the evaluation of specific program
4-14 components under Section 161.309, including an analysis of the
4-15 extent to which a program component produced a benefit or change in
4-16 the behavior of persons who are served by the program component in
4-17 accordance with the desired program results identified by Section
4-18 161.302;
4-19 (2) recommended funding levels for the program,
4-20 including funding strategies that target the most successful
4-21 program components; and
4-22 (3) recommendations for legislation, if the advisory
4-23 committee determines that legislation is necessary or appropriate.
4-24 Sec. 161.313. RULES. The board may adopt rules to implement
4-25 this subchapter.
4-26 SECTION 2. It is the intent of the legislature that to the
4-27 extent possible on implementation of this Act, the Texas Department
4-28 of Health shall use existing staff resources to provide
4-29 administrative and clerical support to the Tobacco Control Program
4-30 Advisory Committee established under Subchapter O, Chapter 161,
4-31 Health and Safety Code, as amended by this Act.
4-32 SECTION 3. The importance of this legislation and the crowded
4-33 condition of the calendars in both houses create an emergency and
4-34 an imperative public necessity that the constitutional rule
4-35 requiring bills to be read on three several days in each house be
4-36 suspended, and this rule is hereby suspended, and that this Act
4-37 take effect and be in force from and after its passage, and it is
4-38 so enacted.
4-39 * * * * *