SRC-CTC S.B. 1289 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1289
77R9334 JRD-FBy: Carona
Health & Human Services
3/19/2001
As Filed


DIGEST AND PURPOSE 

The mission of an injury prevention center is to reduce the incidence and
severity of injuries through education, public information, data
collection, community advocacy, and research.  As proposed, S.B. 1289
requires the Texas Department of Health (department) to designate seven
regional centers for injury prevention for the state in certain localities
and require the regional injury prevention centers to coordinate injury
prevention control activities within the public health regions for the
state designated by rule by the department. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Health
in SECTION 1 (Section 780.002, Health and Safety Code) and to the Texas
Board of Health in SECTION 1 (Section 780.009, Health and Safety Code). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 9B, Health and Safety Code, by adding Chapter 780,
as follows: 

CHAPTER 780.  REGIONAL INJURY PREVENTION CENTERS

 Sec. 780.001.  DEFINITIONS.  Defines "board" and "department."

Sec. 780.002.  REGIONAL INJURY PREVENTION CENTERS.  Requires the Texas
Department of Health (department) to designate seven regional centers for
injury prevention for the state in certain locations.  Requires the
regional injury prevention centers to coordinate injury prevention control
activities within the public health regions for the state designated by the
department by rule.  Authorizes the department to adopt rules permitting
regional injury prevention centers to provide services for regions served
by other injury prevention centers in this state as necessary to maximize
efficient use of resources and provide apropriate service in each region.
Requires each regional injury prevention center (center) to affiliate with
a level one, two, or three trauma center as defined by the American College
of Surgeons. 

Sec. 780.003.  COMMUNITY PROGRAMS AND ASSISTANCE.  Requires a center to
provide certain programs and services. 

Sec. 780.004.  RESOURCE CENTER.  Requires the department to designate one
of the centers as the statewide resource center to provide certain
information and assistance to the other centers.  Provides that the
department's designation of a center as the statewide resource center is
for a five-year period. 

Sec. 780.005.  RESEARCH PROGRAMS.  Authorizes a center to conduct a
research program to improve treatments for trauma victims and to reduce the
severity of injuries from trauma.  Authorizes a center to accept gifts or
grants from public or private sources to be used for research. 
 
Sec. 780.006.  PROVIDING INFORMATION AT BIRTH.  Requires the department,
because injury is a leading cause of death among children and adolescents,
to assist the centers in providing informational packets on injury
prevention to parents shortly after birth. 

Sec. 780.007.  STATE LIABILITY.  Provides that a center is considered a
state agency only for the purposes of Chapter 104 (State Liability for
Conduct of Public Servants), Civil Practice and Remedies Code.  Provides
that an employee or former employee of a center is considered a state
employee or former state employee only for the purposes of Chapter 104,
Civil Practice and Remedies Code. 

Sec. 780.008.  COORDINATING COMMITTEE.  Requires the Coordinating Committee
on Injury Prevention (committee) to advise the Texas Board of Health
(board) and the Commission on State Emergency Communications (commission).
Requires the committee to make recommendations to the board regarding which
entity shall operate each center.  Sets forth the membership requirements
of the committee and the individuals or entities that appoint the members.
Provides that Chapter 2110 (State Agency Advisory Committees), Government
Code, does not apply to the size, composition, or duration of the
committee. 

Sec. 780.009.  FUNDING; GIFTS AND GRANTS.  (a) Requires the sponsoring
entity of each center to contribute 40 percent of the center's budget.
Requires the state to provide 60 percent of each center's budget.  Provides
that it is the intent of the legislature, to the extent possible, to
require that the money provided by the state come from tobacco litigation
money the state receives under the Comprehensive Settlement Agreement and
Release filed in a specific court case.   

(b) Requires the state to provide all funding for statewide activities of
the resource center. 

(c) Requires the department to establish a program to award grants to fund
the centers. 

(d) Requires the board to adopt rules to establish criteria for awarding
the grants. Provides that the rules must require the department to consider
certain criteria. 

(e) Authorizes the department to approve grants according to adopted rules.
Provides that a grant awarded under this section is governed by Chapter 783
(Uniform Grant and Contract Management), Government Code, and the rules
adopted under that chapter. 

(f) Authorizes the department to accept gifts or grants from any source for
purposes related to this chapter. 

SECTION 2.  Effective date: upon passage or September 1, 2001.