SRC-JEC C.S.H.B. 391 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 391
By: Maxey (Barrientos)
Health & Human Services
4/30/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Epidemiologic research indicates that human milk and breastfeeding of an
infant, including one who is premature or sick, improves the infant's
general health, growth, and development, and significantly reduces the risk
of certain diseases and conditions.  In some instances, a mother may be
unable to breastfeed.  Donor milk banks provide human milk to a baby when
direct breastfeeding is not possible. C.S.H.B. 391 requires the Texas
Department of Health to establish minimum guidelines for the procurement,
processing, distribution, and use of human milk by donor milk banks. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 161, Health and Safety Code, by adding
Subchapter G, as follows: 

SUBCHAPTER G.  HUMAN MILK BANKS

Sec. 171.071.  MINIMUM GUIDELINES FOR HUMAN DONOR MILK BANKS. Requires the
Texas Department of Health to establish minimum guidelines for the
procurement, processing, distribution, or use of human milk by donor milk
banks. 

SECTION 2.  Requires a state agency, if before implementing any provision
of this Act it determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, to request the
waiver or authorization and authorizes the agency to delay implementing
that provision until the waiver or authorization is granted. 

SECTION 3.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from the original by amending the Health and Safety Code, rather
than the Human Resources Code, and requiring the Texas Department of
Health, rather than the Health and Human Services Commission, to "establish
minimum guidelines," rather than "adopt minimum standards" for the handling
of human milk by donor milk banks.