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


Senate Research CenterC.S.S.B. 1289
77R10263 JRD-FBy: Carona
Health & Human Services
3/27/2001
Committee Report (Substituted)


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.  C.S.S.B. 1289 requires the
Texas Department of Health (department) to designate a model center for
injury prevention for the state and requires the model injury prevention
center to coordinate injury prevention control activities for the state in
the manner that the department prescribes by rule. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

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

CHAPTER 780.  MODEL INJURY PREVENTION CENTER

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

Sec. 780.002.  INJURY PREVENTION CENTER.  Requires the Texas Department of
Health (department) to designate a model center for injury prevention for
the state.  Sets forth the requirements for an injury prevention center to
be eligible for designation as the model center.  Provides that the
department's designation of an injury prevention center as the model injury
prevention center is for a five-year period.  Requires the model injury
prevention center (center) to coordinate injury prevention control
activities for the state in the manner that the department prescribes by
rule.  Authorizes the department to adopt rules permitting the center to
provide services for regions served by other injury prevention centers in
this state as necessary to maximize efficient use of resources and provide
appropriate services.  Requires the 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 the center to
provide certain programs and services. 

Sec. 780.004.  RESOURCE CENTER.  Requires the center to serve as the
statewide resource center to provide certain information and assistance.
Requires the center to develop and publish a statewide strategic plan
regarding the center's activities under this chapter and regarding ways to
improve injury prevention efforts in this state. 

Sec. 780.005.  RESEARCH PROGRAMS.  Authorizes the center to conduct a
research program to improve treatments for trauma victims and to reduce the
severity of injuries from trauma.  Authorizes the center to accept gifts or
grants from public or private sources to be used for research. 
 
Sec. 780.006.  STATE LIABILITY.  Provides that the 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 the center during the time that the
center is designated as the model injury prevention center is considered a
state employee or former state employee only for the purposes of Chapter
104, Civil Practice and Remedies Code. 

Sec. 780.007.  GIFTS AND GRANTS. Authorizes the department to approve
grants to the center 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.  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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 1289, as follows:

CHAPTER 780.  New heading: MODEL INJURY PREVENTION CENTER

Sec. 780.002.  New heading: INJURY PREVENTION CENTER.  Requires the Texas
Department of Health (department) to designate a model center for injury
prevention in this state.  Sets forth the requirements for an injury
prevention center to be eligible for designation as the model injury
prevention center (center).  Provides that the department's designation of
an injury prevention center as the center is for a five-year period.  Makes
conforming changes. 

Sec. 780.003.  Requires that, in addition to other programs and services,
the center maintain a best practices website for review and use by
communities and institutions. 

Sec. 780.004.  Adds the requirement that the center develop and publish a
statewide strategic plan regarding the center's activities under this
chapter and regarding ways to improve injury prevention efforts in this
state.  Makes conforming changes. 

 Sec. 780.005.  Makes conforming changes.

Removes proposed Section 780.006 relating to providing certain injury
prevention information to parents shortly after birth. 

Sec. 780.006.  Redesignated from proposed Section 780.007.  Provides that
an employee or former employee of the center during the time that the
center is designated as the model injury prevention center is considered a
state employee or a former state employee only for purposes of Chapter 104,
Civil Practices and Remedies Code.  Makes a conforming change. 

Removes proposed Section 780.008 relating to the Coordinating Committee on
Injury Prevention. 

Sec. 780.007.  New heading: GIFTS AND GRANTS.  Redesignated from proposed
Section 780.009.  Removes wording related to funding of the injury
prevention center and the adoption of rules to establish criteria for
awarding grants.  Makes conforming changes. 

SECTION 2.  No change.