77R9939 MCK-D
By Chisum, Hawley, Walker, H.B. No. 7
Turner of Coleman, Cook, et al.
Substitute the following for H.B. No. 7:
By Howard C.S.H.B. No. 7
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating the Office of Rural Community Affairs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle F, Title 4, Government Code, is amended
1-5 by adding Chapter 487 to read as follows:
1-6 CHAPTER 487. OFFICE OF RURAL COMMUNITY AFFAIRS
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 487.001. DEFINITIONS. In this chapter:
1-9 (1) "Executive committee" means the executive
1-10 committee of the Office of Rural Community Affairs.
1-11 (2) "Office" means the Office of Rural Community
1-12 Affairs.
1-13 Sec. 487.002. SUNSET PROVISION. The Office of Rural
1-14 Community Affairs is subject to Chapter 325 (Texas Sunset Act).
1-15 Unless continued in existence as provided by that chapter, the
1-16 office is abolished and this chapter expires September 1, 2007.
1-17 (Sections 487.003-487.020 reserved for expansion
1-18 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
1-19 Sec. 487.021. EXECUTIVE COMMITTEE. (a) The executive
1-20 committee is the governing body of the office.
1-21 (b) The executive committee is composed of the following
1-22 nine members:
1-23 (1) three members appointed by the governor;
1-24 (2) three members appointed by the lieutenant
2-1 governor; and
2-2 (3) three members appointed by the speaker of the
2-3 house of representatives.
2-4 (c) The governor, the lieutenant governor, and the speaker
2-5 of the house of representatives shall each appoint at least two
2-6 members who possess a strong understanding of and commitment to
2-7 rural interests based on the individual's personal history,
2-8 including residency, occupation, and business or civic activities.
2-9 (d) Appointments to the executive committee shall be made
2-10 without regard to the race, color, disability, sex, religion, age,
2-11 or national origin of the appointees.
2-12 (e) The members of the executive committee serve for
2-13 staggered six-year terms, with the terms of three members expiring
2-14 February 1 of each odd-numbered year.
2-15 (f) Executive committee members receive no compensation but
2-16 are entitled to reimbursement of actual and necessary expenses
2-17 incurred in the performance of their duties.
2-18 (g) The members of the executive committee annually shall
2-19 elect a presiding officer from among the members of the executive
2-20 committee.
2-21 Sec. 487.022. CONFLICTS OF INTEREST. (a) In this section,
2-22 "Texas trade association" means a cooperative and voluntarily
2-23 joined association of business or professional competitors in this
2-24 state designed to assist its members and its industry or profession
2-25 in dealing with mutual business or professional problems and in
2-26 promoting their common interest.
2-27 (b) A person may not be a member of the executive committee
3-1 and may not be an office employee employed in a "bona fide
3-2 executive, administrative, or professional capacity," as that
3-3 phrase is used for purposes of establishing an exemption to the
3-4 overtime provisions of the federal Fair Labor Standards Act of 1938
3-5 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
3-6 (1) the person is an officer, employee, or paid
3-7 consultant of a Texas trade association in the field of rural
3-8 affairs; or
3-9 (2) the person's spouse is an officer, manager, or
3-10 paid consultant of a Texas trade association in the field of rural
3-11 affairs.
3-12 (c) A person may not be a member of the executive committee
3-13 or act as the general counsel to the executive committee or the
3-14 office if the person is required to register as a lobbyist under
3-15 Chapter 305 because of the person's activities for compensation on
3-16 behalf of a profession related to the operation of the office.
3-17 Sec. 487.023. TRAINING FOR MEMBERS OF EXECUTIVE COMMITTEE.
3-18 (a) A person who is appointed to and qualifies for office as a
3-19 member of the executive committee may not vote, deliberate, or be
3-20 counted as a member in attendance at a meeting of the executive
3-21 committee until the person completes a training program that
3-22 complies with this section.
3-23 (b) The training program must provide the person with
3-24 information regarding:
3-25 (1) the legislation that created the office and the
3-26 executive committee;
3-27 (2) the programs operated by the office;
4-1 (3) the role and functions of the office;
4-2 (4) the rules of the office, with an emphasis on any
4-3 rules that relate to disciplinary and investigatory authority;
4-4 (5) the current budget for the office;
4-5 (6) the results of the most recent formal audit of the
4-6 office;
4-7 (7) the requirements of:
4-8 (A) the open meetings law, Chapter 551;
4-9 (B) the public information law, Chapter 552;
4-10 (C) the administrative procedure law, Chapter
4-11 2001; and
4-12 (D) other laws relating to public officials,
4-13 including conflict-of-interest laws; and
4-14 (8) any applicable ethics policies adopted by the
4-15 executive committee or the Texas Ethics Commission.
4-16 (c) A person appointed to the executive committee is
4-17 entitled to reimbursement, as provided by general law and the
4-18 General Appropriations Act, for the travel expenses incurred in
4-19 attending the training program regardless of whether the attendance
4-20 at the program occurs before or after the person qualifies for
4-21 office.
4-22 Sec. 487.024. REMOVAL. (a) It is a ground for removal from
4-23 the executive committee that a member:
4-24 (1) does not have at the time of taking office the
4-25 qualifications required by Section 487.021;
4-26 (2) does not maintain during service on the executive
4-27 committee the qualifications required by Section 487.021;
5-1 (3) is ineligible for membership under Section
5-2 487.022;
5-3 (4) cannot, because of illness or disability,
5-4 discharge the member's duties for a substantial part of the
5-5 member's term; or
5-6 (5) is absent from more than half of the regularly
5-7 scheduled executive committee meetings that the member is eligible
5-8 to attend during a calendar year without an excuse approved by a
5-9 majority vote of the executive committee.
5-10 (b) The validity of an action of the executive committee is
5-11 not affected by the fact that it is taken when a ground for removal
5-12 of an executive committee member exists.
5-13 (c) If the executive director has knowledge that a potential
5-14 ground for removal exists, the executive director shall notify the
5-15 presiding officer of the executive committee of the potential
5-16 ground. The presiding officer shall then notify the governor and
5-17 the attorney general that a potential ground for removal exists. If
5-18 the potential ground for removal involves the presiding officer,
5-19 the executive director shall notify the next highest ranking
5-20 officer of the executive committee, who shall then notify the
5-21 governor and the attorney general that a potential ground for
5-22 removal exists.
5-23 Sec. 487.025. DIVISION OF RESPONSIBILITY. The executive
5-24 committee shall develop and implement policies that clearly
5-25 separate the policy-making responsibilities of the executive
5-26 committee and the management responsibilities of the executive
5-27 director and staff of the office.
6-1 Sec. 487.026. EXECUTIVE DIRECTOR. (a) The executive
6-2 committee may hire an executive director to serve as the chief
6-3 executive officer of the office and to perform the administrative
6-4 duties of the office.
6-5 (b) The executive director serves at the will of the
6-6 executive committee.
6-7 (c) The executive director may hire staff within guidelines
6-8 established by the executive committee.
6-9 Sec. 487.027. PUBLIC HEARINGS. The executive committee shall
6-10 develop and implement policies that provide the public with a
6-11 reasonable opportunity to appear before the executive committee and
6-12 to speak on any issue under the jurisdiction of the office.
6-13 Sec. 487.028. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
6-14 (a) The executive director or the executive director's designee
6-15 shall prepare and maintain a written policy statement that
6-16 implements a program of equal employment opportunity to ensure that
6-17 all personnel decisions are made without regard to race, color,
6-18 disability, sex, religion, age, or national origin.
6-19 (b) The policy statement must include:
6-20 (1) personnel policies, including policies relating to
6-21 recruitment, evaluation, selection, training, and promotion of
6-22 personnel, that show the intent of the office to avoid the unlawful
6-23 employment practices described by Chapter 21, Labor Code; and
6-24 (2) an analysis of the extent to which the composition
6-25 of the office's personnel is in accordance with state and federal
6-26 law and a description of reasonable methods to achieve compliance
6-27 with state and federal law.
7-1 (c) The policy statement must be:
7-2 (1) updated annually;
7-3 (2) reviewed by the state Commission on Human Rights
7-4 for compliance with Subsection (b)(1); and
7-5 (3) filed with the governor's office.
7-6 Sec. 487.029. STANDARDS OF CONDUCT. The executive director
7-7 or the executive director's designee shall provide to members of
7-8 the executive committee and to agency employees, as often as
7-9 necessary, information regarding the requirements for office or
7-10 employment under this chapter, including information regarding a
7-11 person's responsibilities under applicable laws relating to
7-12 standards of conduct for state officers or employees.
7-13 Sec. 487.030. COMPLAINTS. (a) The office shall maintain a
7-14 file on each written complaint filed with the office. The file must
7-15 include:
7-16 (1) the name of the person who filed the complaint;
7-17 (2) the date the complaint is received by the office;
7-18 (3) the subject matter of the complaint;
7-19 (4) the name of each person contacted in relation to
7-20 the complaint;
7-21 (5) a summary of the results of the review or
7-22 investigation of the complaint; and
7-23 (6) an explanation of the reason the file was closed,
7-24 if the office closed the file without taking action other than to
7-25 investigate the complaint.
7-26 (b) The office shall provide to the person filing the
7-27 complaint and to each person who is a subject of the complaint a
8-1 copy of the office's policies and procedures relating to complaint
8-2 investigation and resolution.
8-3 (c) The office, at least quarterly until final disposition
8-4 of the complaint, shall notify the person filing the complaint and
8-5 each person who is a subject of the complaint of the status of the
8-6 investigation unless the notice would jeopardize an undercover
8-7 investigation.
8-8 (Sections 487.031-487.050 reserved for expansion
8-9 SUBCHAPTER C. GENERAL POWERS AND DUTIES
8-10 Sec. 487.051. POWERS AND DUTIES. The office shall:
8-11 (1) develop a rural policy for the state in
8-12 consultation with local leaders representing all facets of rural
8-13 community life, academic and industry experts, and state elected
8-14 and appointed officials with interests in rural communities;
8-15 (2) work with other state agencies and officials to
8-16 improve the results and the cost-effectiveness of state programs
8-17 affecting rural communities through coordination of efforts;
8-18 (3) develop programs to improve the leadership
8-19 capacity of rural community leaders;
8-20 (4) monitor developments that have a substantial
8-21 effect on rural Texas communities, especially actions of state
8-22 government, and compile an annual report describing and evaluating
8-23 the condition of rural communities;
8-24 (5) administer the federal community development block
8-25 grant nonentitlement program;
8-26 (6) administer programs supporting rural health care
8-27 as provided by Subchapters D-H; and
9-1 (7) perform research to determine the most beneficial
9-2 and cost-effective ways to improve the welfare of rural
9-3 communities.
9-4 Sec. 487.052. RULES. The executive committee may adopt rules
9-5 as necessary to implement this chapter.
9-6 Sec. 487.053. GIFTS AND GRANTS. (a) The office may accept
9-7 gifts, grants, and donations from any organization for the purpose
9-8 of funding any activity under this chapter, and the office shall
9-9 actively seek funding from appropriate nonprofit foundations.
9-10 (b) All gifts, grants, and donations must be accepted in an
9-11 open meeting by a majority of the voting members of the executive
9-12 committee and reported in the public record of the meeting with the
9-13 name of the donor and purpose of the gift, grant, or donation.
9-14 Sec. 487.054. ANNUAL MEETING ON RURAL ISSUES. (a) At least
9-15 once each year, the following agency heads shall meet to discuss
9-16 rural issues:
9-17 (1) the commissioner of agriculture;
9-18 (2) the executive director of the Public Utility
9-19 Commission of Texas;
9-20 (3) the director of the Texas Agricultural Extension
9-21 Service;
9-22 (4) the presiding officer of the Telecommunications
9-23 Infrastructure Fund Board;
9-24 (5) the executive director of the Texas Department of
9-25 Housing and Community Affairs;
9-26 (6) the commissioner of health;
9-27 (7) the executive administrator of the Texas Water
10-1 Development Board;
10-2 (8) the executive director of the Parks and Wildlife
10-3 Department;
10-4 (9) the commissioner of human services;
10-5 (10) the commissioner of higher education;
10-6 (11) the comptroller; and
10-7 (12) the executive director of the Texas Department of
10-8 Transportation.
10-9 (b) The executive committee shall call the annual meeting.
10-10 The executive committee shall set the time and date of the meeting
10-11 after consulting with the agency heads listed in Subsection (a).
10-12 Sec. 487.055. ADVISORY COMMITTEES. The executive committee
10-13 may appoint advisory committees as necessary to assist the
10-14 executive committee in performing its duties. An advisory
10-15 committee may be composed of private citizens and representatives
10-16 from state and local governmental entities. A state or local
10-17 governmental entity shall appoint a representative to an advisory
10-18 committee at the request of the executive committee. Chapter 2110
10-19 does not apply to an advisory committee created under this section.
10-20 Sec. 487.056. REPORT TO LEGISLATURE. Not later than January
10-21 1 of each odd-numbered year, the office shall submit a biennial
10-22 report to the legislature regarding the activities of the office
10-23 and any findings and recommendations relating to rural issues.
10-24 Sec. 487.057. RURAL HEALTH WORK PLAN. (a) The office shall
10-25 develop, implement, and update a rural health work plan.
10-26 (b) The office shall submit the rural health work plan to
10-27 the executive committee for approval. The executive committee
11-1 shall approve the rural health work plan not later than August 1 of
11-2 each odd-numbered year.
11-3 (c) The office shall work with health care providers, rural
11-4 communities, universities, and all health and human service related
11-5 state agencies to develop the rural health work plan. The office
11-6 shall solicit public comment on the rural health work plan.
11-7 (d) The rural health work plan must identify:
11-8 (1) the mission, goals, and objectives of how the
11-9 office will work to assist rural communities in meeting rural
11-10 health care needs;
11-11 (2) ways for the state to effectively and creatively
11-12 address the unmet health care needs of rural communities;
11-13 (3) ways to coordinate the administration and delivery
11-14 of rural health care service with federal, state, and local public
11-15 and private programs that provide similar services; and
11-16 (4) the office's priorities to accomplish the
11-17 objectives of the plan.
11-18 Sec. 487.058. CONTRACT FOR ADMINISTRATIVE SERVICES. The
11-19 office shall enter into an interagency contract with another state
11-20 agency to provide routine administrative services for the office.
11-21 (Sections 487.059-487.100 reserved for expansion
11-22 SUBCHAPTER D. OUTSTANDING RURAL SCHOLAR
11-23 RECOGNITION AND LOAN PROGRAM FOR RURAL HEALTH CARE
11-24 Sec. 487.101. DEFINITIONS. In this subchapter:
11-25 (1) "Selection committee" means the Outstanding Rural
11-26 Scholar Selection Committee.
11-27 (2) "Fund" means the outstanding rural scholar fund.
12-1 (3) "Postsecondary educational institution" means:
12-2 (A) an institution of higher education, as
12-3 defined by Section 61.003, Education Code;
12-4 (B) a nonprofit, independent institution
12-5 approved under Section 61.222, Education Code; or
12-6 (C) a nonprofit, health-related school or
12-7 program accredited by the Southern Association of Colleges and
12-8 Schools, the Liaison Committee on Medical Education, the American
12-9 Osteopathic Association, the Board of Nurse Examiners, the Board of
12-10 Vocational Nurse Examiners, or, in the case of allied health, an
12-11 accrediting body recognized by the United States Department of
12-12 Education.
12-13 (4) "Program" means the outstanding rural scholar
12-14 recognition and loan program for rural health care.
12-15 (5) "Rural community" means a municipality in a
12-16 nonmetropolitan county as defined by the United States Census
12-17 Bureau in its most recent census.
12-18 Sec. 487.102. ADMINISTRATION. The office shall administer or
12-19 contract for the administration of the program.
12-20 Sec. 487.103. SELECTION COMMITTEE. (a) The selection
12-21 committee shall advise the executive committee on the progress of
12-22 the program.
12-23 (b) The selection committee is composed of 12 members
12-24 appointed by the executive committee.
12-25 (c) The executive committee shall consider geographical
12-26 representation in making appointments to the selection committee.
12-27 (d) Selection committee members serve for staggered
13-1 three-year terms, with the terms of four members expiring August 31
13-2 of each year. A member is eligible for reappointment to consecutive
13-3 terms.
13-4 (e) A member of the selection committee is not entitled to
13-5 reimbursement for expenses incurred in performing duties under this
13-6 subchapter.
13-7 Sec. 487.104. SELECTION OF OUTSTANDING RURAL SCHOLARS. (a)
13-8 The selection committee shall select outstanding rural scholars
13-9 through a statewide competition.
13-10 (b) The selection committee shall make selections based on
13-11 criteria approved by the executive committee and adopted as a rule
13-12 of the office.
13-13 (c) The selection committee may not use the applicant's
13-14 performance on a standardized test as the sole criterion to
13-15 determine the applicant's selection as an outstanding rural
13-16 scholar.
13-17 (d) The selection committee shall recommend to the executive
13-18 committee guidelines to be used by rural communities in the
13-19 selection of students for nomination and sponsorship as outstanding
13-20 rural scholars.
13-21 (e) An outstanding rural scholar receives public recognition
13-22 and a certificate of award and is eligible for a forgivable loan
13-23 under this subchapter.
13-24 Sec. 487.105. ELIGIBILITY FOR OUTSTANDING RURAL SCHOLAR
13-25 COMPETITION. (a) To be eligible to participate in the competition
13-26 under Section 487.104, a high school student or an undergraduate
13-27 student at a postsecondary educational institution must:
14-1 (1) be nominated and sponsored by a rural community,
14-2 which sponsorship must include financial support;
14-3 (2) be a Texas resident under Subchapter B, Chapter
14-4 54, Education Code;
14-5 (3) if the person is a high school student, be in the
14-6 upper 25 percent of the student's high school class, if the class
14-7 contains 48 or more students, and intend to enter a postsecondary
14-8 educational institution; and
14-9 (4) if the person is an undergraduate student, be in
14-10 the upper 25 percent of the student's class or have a cumulative
14-11 grade average that is equal to or greater than the equivalent of a
14-12 3.0 on a 4.0 scale and be enrolled in a postsecondary educational
14-13 institution.
14-14 (b) If a person is neither a high school student nor an
14-15 undergraduate student, the person must be eligible for
14-16 participation in the competition under rules adopted by the office.
14-17 Sec. 487.106. ELIGIBILITY FOR LOANS; RURAL COMMUNITY
14-18 FINANCIAL SUPPORT. (a) For an outstanding rural scholar to be
14-19 eligible for a forgivable loan, community sponsorship must include
14-20 financial support.
14-21 (b) Community financial support consists of a commitment to
14-22 fund 50 percent of the costs of a scholar's tuition, fees,
14-23 educational materials, and living expenses.
14-24 (c) The financial support under this section may be
14-25 satisfied wholly or partly by a grant, a scholarship, or private
14-26 foundation support.
14-27 (d) Evidence of the financial support must be submitted with
15-1 a community's nomination.
15-2 Sec. 487.107. AWARDING OF LOANS. (a) The selection
15-3 committee shall recommend to the executive committee guidelines for
15-4 the awarding of forgivable loans to outstanding rural scholars.
15-5 (b) The executive committee, acting on the advice of the
15-6 selection committee, shall award forgivable loans to outstanding
15-7 rural scholars based on the availability of money in the fund.
15-8 (c) If in any year the fund is inadequate to provide loans
15-9 to all eligible applicants, the executive committee shall award
15-10 forgivable loans on a priority basis according to the applicants'
15-11 academic performance, test scores, and other criteria of
15-12 eligibility.
15-13 Sec. 487.108. AMOUNT OF LOAN. (a) On confirmation of an
15-14 outstanding rural scholar's admission to a postsecondary
15-15 educational institution, or on receipt of an enrollment report of
15-16 the scholar at a postsecondary educational institution, and a
15-17 certification of the amount of financial support needed, the
15-18 selection committee annually shall recommend to the executive
15-19 committee that the committee award a forgivable loan to the scholar
15-20 in the amount of 50 percent of the cost of the scholar's tuition,
15-21 fees, educational materials, and living expenses.
15-22 (b) An outstanding rural scholar may receive another grant,
15-23 loan, or scholarship for which the scholar is eligible in addition
15-24 to the receipt of a forgivable loan, except that the total amount
15-25 of funds received may not exceed the reasonable needs of the
15-26 scholar.
15-27 Sec. 487.109. LOAN FORGIVENESS. (a) The principal balance
16-1 and interest for one year of a forgivable loan awarded to an
16-2 outstanding rural scholar must be forgiven for each year the
16-3 scholar practices as a health care professional in the sponsoring
16-4 community.
16-5 (b) The sponsoring community shall report to the executive
16-6 committee the length of time the scholar practices as a health care
16-7 professional in the community.
16-8 (c) If the executive committee finds that a sponsoring
16-9 community is not in need of the scholar's services and that the
16-10 community is willing to forgive repayment of the principal balance
16-11 and interest of the scholar's loan, the executive committee by rule
16-12 may provide for the principal balance and interest of one year of
16-13 the scholar's loan to be forgiven for each year the scholar
16-14 practices in another rural community in this state.
16-15 (d) Any amount of loan principal or interest that is not
16-16 forgiven under this section shall be repaid to the office with
16-17 reasonable collection fees in a timely manner as provided by
16-18 executive committee rule.
16-19 Sec. 487.110. FUND. (a) The outstanding rural scholar fund
16-20 is in the state treasury.
16-21 (b) The fund consists of legislative appropriations, gifts,
16-22 grants, donations, the market value of in-kind contributions, and
16-23 principal and interest payments on forgivable loans deposited to
16-24 the credit of the fund by the office.
16-25 (c) The office shall administer the fund.
16-26 (d) The office shall allocate the fund, as available, for
16-27 forgivable loans under this subchapter.
17-1 (e) The office shall deposit any principal and interest
17-2 payments on forgivable loans to the credit of the fund.
17-3 Sec. 487.111. POSTSECONDARY EDUCATIONAL INSTITUTIONS;
17-4 MONITORING. (a) A postsecondary educational institution shall
17-5 provide to the selection committee a copy of the academic
17-6 transcript of each rural scholar for whom the institution has
17-7 received a release that complies with state and federal open
17-8 records laws and authorizes the provision of a transcript.
17-9 (b) The office shall require reports from students and
17-10 postsecondary educational institutions as needed to monitor the
17-11 program. After receiving any necessary releases as a condition of
17-12 providing assistance, the office shall distribute reports relating
17-13 to the progress of an outstanding rural scholar to the community
17-14 sponsoring the scholar.
17-15 Sec. 487.112. ADOPTION AND DISTRIBUTION OF RULES. (a) The
17-16 executive committee shall adopt reasonable rules to enforce the
17-17 requirements, conditions, and limitations under this subchapter.
17-18 (b) The executive committee shall set the rate of interest
17-19 charged on a forgivable loan under this subchapter.
17-20 (c) The executive committee shall adopt rules necessary to
17-21 ensure compliance with the federal Civil Rights Act of 1964 (42
17-22 U.S.C. Section 2000a et seq.) concerning nondiscrimination in
17-23 admissions.
17-24 (Sections 487.113-487.150 reserved for expansion
17-25 SUBCHAPTER E. HEALTH CAREERS PROMOTION AND EDUCATION PROGRAM
17-26 Sec. 487.151. DEFINITIONS. In this subchapter:
17-27 (1) "Fund" means the health careers education fund.
18-1 (2) "Postsecondary educational institution" means:
18-2 (A) an institution of higher education, as
18-3 defined by Section 61.003, Education Code;
18-4 (B) a nonprofit, independent institution
18-5 approved under Section 61.222, Education Code; or
18-6 (C) a nonprofit, health-related school or
18-7 program accredited by the Southern Association of Colleges and
18-8 Schools, the Liaison Committee on Medical Education, the American
18-9 Osteopathic Association, the Board of Nurse Examiners, the Board of
18-10 Vocational Nurse Examiners, or, in the case of allied health, an
18-11 accrediting body recognized by the United States Department of
18-12 Education.
18-13 (3) "Program" means the health careers promotion and
18-14 education program.
18-15 (4) "Qualified area" means an area qualifying under
18-16 the National Health Services Corps Community Scholarship Program or
18-17 an area with similar characteristics as identified by the office.
18-18 Sec. 487.152. ADMINISTRATION. (a) The office shall
18-19 administer or contract for the administration of the program.
18-20 (b) The office may solicit and accept gifts, grants,
18-21 donations, and contributions to support the program.
18-22 Sec. 487.153. HEALTH CAREERS PROMOTION. The office may
18-23 establish a program to work with students, communities, and
18-24 community-based organizations to encourage high school students to
18-25 pursue health care professional careers. The office shall give
18-26 priority to working with communities and students in qualified
18-27 areas.
19-1 Sec. 487.154. LOANS. (a) The executive committee may award
19-2 forgivable educational loans to eligible students under this
19-3 subchapter.
19-4 (b) The executive committee may award forgivable loans to
19-5 eligible students based on the availability of money in the fund.
19-6 (c) If in any year the fund is inadequate to provide loans
19-7 to all eligible students, the executive committee may award
19-8 forgivable loans on a priority basis according to the students'
19-9 academic performance, test scores, and other criteria of
19-10 eligibility.
19-11 Sec. 487.155. STUDENT ELIGIBILITY. (a) To be eligible to
19-12 receive a loan under this subchapter, a student must:
19-13 (1) be sponsored by an eligible community;
19-14 (2) at the time of the application for the loan, be
19-15 enrolled in high school or enrolled or accepted for enrollment in a
19-16 postsecondary educational institution in this state;
19-17 (3) meet academic requirements as established by the
19-18 executive committee;
19-19 (4) plan to complete a health care professional degree
19-20 or certificate program;
19-21 (5) plan to practice as a health care professional in
19-22 a qualified area of the state; and
19-23 (6) meet other requirements as established by the
19-24 executive committee.
19-25 (b) Other requirements for eligibility for a loan under this
19-26 subchapter must include:
19-27 (1) one or more interviews with the student; and
20-1 (2) a statement written by the student of the
20-2 student's reasons for:
20-3 (A) entering the health care profession; and
20-4 (B) wanting to provide health care services to a
20-5 qualified area in this state.
20-6 Sec. 487.156. COMMUNITY ELIGIBILITY. (a) To be eligible to
20-7 sponsor a student under this subchapter, a community must:
20-8 (1) be located in a qualified area in this state; and
20-9 (2) provide evidence of community sponsorship of the
20-10 student.
20-11 (b) Community sponsorship consists of:
20-12 (1) a commitment to pay for a percentage of the
20-13 student's postsecondary educational expenses, including tuition,
20-14 fees, educational materials, and living expenses; and
20-15 (2) a commitment to employ the student on a full-time
20-16 basis as a health care professional on the student's completion of
20-17 the academic program and licensure or certification in the health
20-18 care profession for which the student is sponsored.
20-19 (c) The executive committee shall determine the percentage
20-20 of educational expenses communities are required to provide under
20-21 this section.
20-22 (d) Community financial support may be satisfied wholly or
20-23 partly by a grant, a scholarship, or private foundation support.
20-24 Sec. 487.157. AMOUNT OF LOAN. (a) On confirmation of an
20-25 eligible student's admission to a postsecondary educational
20-26 institution, or on receipt of an enrollment report of the student
20-27 at a postsecondary educational institution, and certification of
21-1 the amount of financial support needed, the executive committee may
21-2 award a forgivable loan to the student in the amount of not more
21-3 than the cost of the student's tuition, fees, educational
21-4 materials, and living expenses.
21-5 (b) An eligible student may receive another grant, loan, or
21-6 scholarship for which the student is eligible in addition to the
21-7 receipt of a forgivable loan, except that the total amount of funds
21-8 received may not exceed the reasonable needs of the student as
21-9 determined by the postsecondary educational institution in which
21-10 the student is enrolled.
21-11 Sec. 487.158. REQUIRED CONTRACT. (a) A student may receive
21-12 assistance under this subchapter only if the student signs a
21-13 contract agreeing to provide health care services to the sponsoring
21-14 community on completion of the academic program and licensure or
21-15 certification in the health care profession for which the student
21-16 is sponsored.
21-17 (b) The contract must provide that if the student does not
21-18 provide the required services to the community or provides those
21-19 services for less than the required time, the student is personally
21-20 liable to the state for:
21-21 (1) the total amount of assistance the student
21-22 receives from the office and the sponsoring community;
21-23 (2) interest on the total amount at a rate set by the
21-24 executive committee; and
21-25 (3) the state's reasonable expenses incurred in
21-26 obtaining payment, including reasonable attorney's fees.
21-27 Sec. 487.159. LOAN FORGIVENESS. (a) A loan recipient shall
22-1 be forgiven the principal and interest of one year's loan for each
22-2 year the recipient practices as a health care professional
22-3 providing health care services in the sponsoring community, but
22-4 only if the loan recipient practices as a health care professional
22-5 providing health care services in the sponsoring community or in
22-6 another qualified area under Subsection (b) for a minimum of two
22-7 years.
22-8 (b) If the executive committee finds that a sponsoring
22-9 community is not in need of the student's services and that the
22-10 community is willing to forgive repayment of the principal balance
22-11 and interest of the student's loan, the executive committee by rule
22-12 may provide for the principal balance and interest of the student's
22-13 loan to be forgiven if the student provides services in another
22-14 qualified area in this state.
22-15 Sec. 487.160. FUND. (a) The health careers education fund
22-16 is established in the state treasury.
22-17 (b) The office shall administer the fund.
22-18 (c) The fund consists of gifts, grants, donations, the
22-19 market value of in-kind contributions, and principal and interest
22-20 payments on forgivable loans deposited to the credit of the fund by
22-21 the office.
22-22 (d) The office shall deposit any principal and interest
22-23 payments on forgivable loans to the credit of the fund.
22-24 (e) The office shall allocate the fund, as available, for
22-25 forgivable loans and community repayment under this subchapter.
22-26 (f) Unless otherwise provided by the General Appropriations
22-27 Act, the office may use money appropriated to the office to support
23-1 the fund.
23-2 Sec. 487.161. REPORTING; MONITORING. (a) The office shall
23-3 require reports from students, communities, and postsecondary
23-4 educational institutions as needed to monitor the program. After
23-5 receiving any necessary releases as a condition of providing
23-6 assistance, the office shall distribute reports relating to the
23-7 progress of a student to the community sponsoring the student.
23-8 (b) The sponsoring community shall report to the executive
23-9 committee the length of time the student provides health care
23-10 services in the community in accordance with the guidelines
23-11 established by the executive committee.
23-12 (c) A postsecondary educational institution shall provide to
23-13 the executive committee a copy of the academic transcript of each
23-14 student for whom the institution has received a release that
23-15 complies with state and federal open records laws and that
23-16 authorizes the provision of the transcript.
23-17 Sec. 487.162. PROGRAM PROMOTION. The office shall provide
23-18 postsecondary educational institutions and communities in qualified
23-19 areas with information about health care careers and loan
23-20 opportunities, including information on eligibility and
23-21 availability of funds under this subchapter.
23-22 Sec. 487.163. ADOPTION OF RULES. (a) The executive
23-23 committee shall adopt reasonable rules to enforce the requirements,
23-24 conditions, and limitations of this subchapter.
23-25 (b) The executive committee shall set the rate of interest
23-26 charged on a forgivable loan under this subchapter.
23-27 (c) The executive committee shall adopt rules necessary to
24-1 ensure compliance with the federal Civil Rights Act of 1964 (42
24-2 U.S.C. Section 2000a et seq.) concerning nondiscrimination in
24-3 admissions.
24-4 (Sections 487.164-487.200 reserved for expansion
24-5 SUBCHAPTER F. MEDICALLY UNDERSERVED COMMUNITY-STATE
24-6 MATCHING INCENTIVE PROGRAM
24-7 Sec. 487.201. DEFINITIONS. In this subchapter:
24-8 (1) "Medically underserved community" means:
24-9 (A) a community located in an area in this state
24-10 with a medically underserved population;
24-11 (B) a community located in an area in this state
24-12 designated by the United States secretary of health and human
24-13 services as an area with a shortage of personal health services;
24-14 (C) a population group designated by the United
24-15 States secretary of health and human services as having a shortage
24-16 of personal health services;
24-17 (D) a community designated under state or
24-18 federal law as a medically underserved community; or
24-19 (E) a community that the office considers to be
24-20 medically underserved based on relevant demographic, geographic,
24-21 and environmental factors.
24-22 (2) "Physician" means a person licensed to practice
24-23 medicine in this state.
24-24 (3) "Primary care" means physician services in family
24-25 practice, general practice, internal medicine, pediatrics,
24-26 obstetrics, or gynecology.
24-27 (4) "Start-up money" means a payment made by a
25-1 medically underserved community for reasonable costs incurred by a
25-2 physician to establish a medical office and ancillary facilities
25-3 for diagnosing and treating patients.
25-4 Sec. 487.202. PROGRAM. (a) The executive committee shall
25-5 establish and administer a program under this subchapter to
25-6 increase the number of physicians providing primary care in
25-7 medically underserved communities.
25-8 (b) A medically underserved community may sponsor a
25-9 physician who has completed a primary care residency program and
25-10 has agreed to provide primary care in the community by contributing
25-11 start-up money for the physician and having that contribution
25-12 matched wholly or partly by state money appropriated to the
25-13 executive committee for that purpose.
25-14 (c) A participating medically underserved community may
25-15 provide start-up money to an eligible physician over a two-year
25-16 period.
25-17 (d) The executive committee may not pay more than $25,000 to
25-18 a community in a fiscal year unless the executive committee makes a
25-19 specific finding of need by the community.
25-20 (e) The executive committee shall establish priorities so
25-21 that the neediest communities eligible for assistance under this
25-22 subchapter are assured the receipt of a grant.
25-23 Sec. 487.203. ELIGIBILITY. To be eligible to receive money
25-24 from the executive committee, a medically underserved community
25-25 must:
25-26 (1) apply for the money; and
25-27 (2) provide evidence satisfactory to the executive
26-1 committee that it has entered into an agreement with a physician
26-2 for the physician to provide primary care in the community for at
26-3 least two years.
26-4 Sec. 487.204. RULES. The executive committee shall adopt
26-5 rules necessary for the administration of this subchapter,
26-6 including rules addressing:
26-7 (1) eligibility criteria for a medically underserved
26-8 community;
26-9 (2) eligibility criteria for a physician;
26-10 (3) minimum and maximum community contributions to the
26-11 start-up money for a physician to be matched with state money;
26-12 (4) conditions under which state money must be repaid
26-13 by a community or physician;
26-14 (5) procedures for disbursement of money by the
26-15 executive committee;
26-16 (6) the form and manner in which a community must make
26-17 its contribution to the start-up money; and
26-18 (7) the contents of an agreement to be entered into by
26-19 the parties, which must include at least:
26-20 (A) a credit check for an eligible physician;
26-21 and
26-22 (B) community retention of interest in any
26-23 property, equipment, or durable goods for seven years.
26-24 (Sections 487.205-487.250 reserved for expansion)
26-25 SUBCHAPTER G. TEXAS HEALTH SERVICE CORPS
26-26 PROGRAM FOR MEDICALLY UNDERSERVED AREAS
26-27 Sec. 487.251. DEFINITIONS. In this subchapter:
27-1 (1) "Medically underserved area" means an area
27-2 designated by the United States secretary of health and human
27-3 services as having:
27-4 (A) a shortage of personal health services or a
27-5 population group that has such a shortage as provided by 42 U.S.C.
27-6 Section 300e-1(7); or
27-7 (B) a health professional shortage as provided
27-8 by 42 U.S.C. Section 254e(a)(1).
27-9 (2) "Physician" means a resident physician who is
27-10 enrolled in an accredited residency training program in this state
27-11 in the specialty of:
27-12 (A) family practice;
27-13 (B) general internal medicine;
27-14 (C) general pediatric medicine; or
27-15 (D) general obstetrics and gynecology.
27-16 Sec. 487.252. TEXAS HEALTH SERVICE CORPS PROGRAM. (a) The
27-17 executive committee shall establish a program in the office to
27-18 assist communities in recruiting and retaining physicians to
27-19 practice in medically underserved areas.
27-20 (b) The executive committee by rule shall establish:
27-21 (1) eligibility criteria for applicants;
27-22 (2) stipend application procedures;
27-23 (3) guidelines relating to stipend amounts;
27-24 (4) procedures for evaluating stipend applications;
27-25 and
27-26 (5) a system of priorities relating to the:
27-27 (A) geographic areas covered;
28-1 (B) medical specialties eligible to receive
28-2 funding under the program; and
28-3 (C) level of stipend support.
28-4 Sec. 487.253. ADMINISTRATION. (a) The executive committee
28-5 shall adopt rules necessary to administer this subchapter, and the
28-6 office shall administer the program in accordance with those rules.
28-7 (b) The office may not spend for the office's administrative
28-8 costs in administering the program more than 10 percent of the
28-9 amount appropriated to implement this subchapter.
28-10 Sec. 487.254. REQUIRED CONTRACT. (a) The office may award a
28-11 stipend to a physician under this subchapter if the physician
28-12 enters into a written contract to provide services in a medically
28-13 underserved area for at least one year for each year that the
28-14 physician receives the stipend.
28-15 (b) The contract must provide that if the physician does not
28-16 provide the required services in the medically underserved area or
28-17 provides those services for less than the required term, the
28-18 physician is personally liable to the state for:
28-19 (1) the total amount of the stipend the physician
28-20 receives;
28-21 (2) interest on that total amount for the period
28-22 beginning on the date the physician signs the contract and ending
28-23 on the date the physician repays the amount of the stipend computed
28-24 at a rate equal to the sum of:
28-25 (A) the auction average rate quoted on a bank
28-26 discount basis for 26-week treasury bills issued by the United
28-27 States government, as published by the Federal Reserve Board, for
29-1 the week preceding the week in which the contract is signed; and
29-2 (B) five percent; and
29-3 (3) the state's reasonable expenses incurred in
29-4 obtaining payment, including reasonable attorney's fees.
29-5 Sec. 487.255. STIPENDS. (a) The office shall award stipends
29-6 to physicians for one-year periods. A stipend awarded under this
29-7 subchapter may not exceed $15,000 each year.
29-8 (b) The office may renew a stipend used to assist a
29-9 particular physician.
29-10 (c) A physician is not eligible for a stipend under this
29-11 subchapter for a period longer than is ordinarily and customarily
29-12 required for the completion of residency training for first board
29-13 eligibility.
29-14 (d) A physician who receives a stipend under this subchapter
29-15 is not eligible to receive assistance under a state educational
29-16 loan repayment program or other state incentive program.
29-17 Sec. 487.256. FUNDING. The office may seek, receive, and
29-18 spend money received through an appropriation, grant, donation, or
29-19 reimbursement from any public or private source to implement this
29-20 subchapter.
29-21 (Sections 487.257-487.300 reserved for expansion)
29-22 SUBCHAPTER H. RURAL HEALTH FACILITY CAPITAL IMPROVEMENT
29-23 Sec. 487.301. DEFINITIONS. In this subchapter:
29-24 (1) "Public hospital" means a general or special
29-25 hospital licensed under Chapter 241, Health and Safety Code, that
29-26 is owned or operated by a municipality, county, municipality and
29-27 county, hospital district, or hospital authority and that performs
30-1 inpatient or outpatient services.
30-2 (2) "Rural county" means:
30-3 (A) a county that has a population of 150,000 or
30-4 less; or
30-5 (B) with respect to a county that has a
30-6 population of more than 150,000 and that contains a geographic area
30-7 that is not delineated as urbanized by the federal census bureau,
30-8 that part of the county that is not delineated as urbanized.
30-9 Sec. 487.302. POWERS OF OFFICE. In administering this
30-10 subchapter, the office may:
30-11 (1) enter into and enforce contracts and execute and
30-12 deliver conveyances and other instruments necessary to make and
30-13 administer grants, loans, and loan guarantees under this
30-14 subchapter;
30-15 (2) employ personnel and counsel necessary to
30-16 implement this subchapter and pay them from money appropriated for
30-17 that purpose;
30-18 (3) impose and collect reasonable fees and charges in
30-19 connection with grants, loans, and loan guarantees made under this
30-20 subchapter and provide reasonable penalties for delinquent payment
30-21 of fees, charges, or loan repayments;
30-22 (4) take and enforce a mortgage or appropriate
30-23 security interest in real or personal property that a loan
30-24 recipient acquires with the proceeds of a loan made under this
30-25 subchapter; and
30-26 (5) adopt rules necessary to implement the grant,
30-27 loan, and loan guarantee program.
31-1 Sec. 487.303. GRANT, LOAN, AND LOAN GUARANTEE PROGRAM. (a)
31-2 The office may use money appropriated to the office under Section
31-3 403.1065 to make a grant or low-interest loan to, or guarantee a
31-4 loan for, a public or nonprofit hospital located in a rural county.
31-5 (b) A grant, loan, or loan guarantee recipient may use the
31-6 money only to make capital improvements to existing health
31-7 facilities located in a rural county, to construct new health
31-8 facilities in a rural county, or to purchase capital equipment,
31-9 including information systems hardware and software, for a health
31-10 facility located in a rural county.
31-11 Sec. 487.304. ELIGIBILITY FOR GRANT, LOAN, OR LOAN
31-12 GUARANTEE; INTEREST RATE. (a) The office shall adopt rules that
31-13 establish eligibility criteria for receiving a grant, loan, or loan
31-14 guarantee under this subchapter.
31-15 (b) The rules must state generally the factors the office
31-16 will consider in determining whether an applicant should receive a
31-17 grant, loan, or loan guarantee. The rules must allow the office to
31-18 give preferential consideration to public hospitals and to consider
31-19 at least the financial need of the applicant, the health care needs
31-20 of the rural area served by the applicant, and the probability that
31-21 the applicant will effectively and efficiently use the money
31-22 obtained through the grant, loan, or loan guarantee to meet the
31-23 health care needs of the rural area served by the applicant.
31-24 (c) The rules must state generally the factors the office
31-25 will consider in determining the extent to which the interest rate
31-26 on a loan should be below market rates.
31-27 SECTION 2. Sections 2306.098, 2306.099, and 2306.100,
32-1 Government Code, are transferred to Chapter 487, Government Code,
32-2 redesignated as Subchapter I, Chapter 487, Government Code, and
32-3 amended to read as follows:
32-4 SUBCHAPTER I. COMMUNITY DEVELOPMENT BLOCK
32-5 GRANT NONENTITLEMENT PROGRAM
32-6 Sec. 487.351 [2306.098]. ADMINISTRATION OF COMMUNITY
32-7 DEVELOPMENT BLOCK GRANT PROGRAM; ALLOCATION OF FUNDS. (a) The
32-8 office [department] shall, under the Omnibus Budget Reconciliation
32-9 Act of 1981 (Pub.L. No. 97-35) and 24 CFR, Part 570, Subpart I,
32-10 administer the state's allocation of federal funds provided under
32-11 the community development block grant nonentitlement program
32-12 authorized by Title I of the Housing and Community Development Act
32-13 of 1974 (42 U.S.C. Section 5301 et seq.).
32-14 (b) Community development block grant program funds shall be
32-15 allocated to eligible counties and municipalities under office
32-16 [department] rules.
32-17 Sec. 487.352 [2306.099]. TRANSFER OF FEDERAL FUNDS. (a) The
32-18 office [department] may enter into an interagency agreement with
32-19 the Department of Agriculture [Texas Department of Commerce] to
32-20 reimburse the Department of Agriculture [Texas Department of
32-21 Commerce] for providing on behalf of the office [department]
32-22 marketing, underwriting, and any other services on the portion of
32-23 the federal community development block grant funds allocated by
32-24 the office [department] for economic development activities.
32-25 (b) The office [department] shall allocate not more than 20
32-26 percent of the federal funds received by the office [department] to
32-27 the Department of Agriculture [Texas Department of Commerce] to be
33-1 used for economic development activities.
33-2 (c) The office shall monitor the activities undertaken by
33-3 the Department of Agriculture [Texas Department of Commerce] under
33-4 this section [must be monitored by the department].
33-5 Sec. 487.353 [2306.100]. STATE COMMUNITY DEVELOPMENT REVIEW
33-6 COMMITTEE. (a) The state community development review committee is
33-7 composed of 12 members appointed by the governor.
33-8 (b) A committee member must be:
33-9 (1) a member of the governing body of a county or
33-10 municipality eligible for funding under the community development
33-11 block grant program; or
33-12 (2) a county or municipal employee who is a supervisor
33-13 and whose regular duties include involvement in community
33-14 development activities.
33-15 (c) The ratio of county officials serving as committee
33-16 members to all committee members may not exceed the ratio of all
33-17 counties eligible for funding under the community development block
33-18 grant program to all eligible applicants.
33-19 (d) The governor shall designate the presiding officer of
33-20 the committee, who serves at the governor's pleasure.
33-21 (e) Committee members serve two-year terms expiring February
33-22 1 of each odd-numbered year.
33-23 (f) A committee member serves without compensation for
33-24 service on the committee, but is entitled to reimbursement for
33-25 reasonable and necessary expenses incurred in performing the
33-26 member's duties.
33-27 (g) Service on the committee by an officer or employee of a
34-1 county or municipality is an additional duty of the individual's
34-2 office or employment and is not dual office holding.
34-3 (h) The committee shall meet at least twice annually at the
34-4 executive director's call.
34-5 (i) The committee shall:
34-6 (1) consult with and advise the executive director on
34-7 the administration and enforcement of the community development
34-8 block grant program; and
34-9 (2) review funding applications of eligible counties
34-10 and municipalities and advise and assist the executive director
34-11 regarding the allocation of program funds to those applicants.
34-12 (j) The committee may annually recommend to the executive
34-13 director a formula for allocating funds to each geographic state
34-14 planning region established by the governor under Chapter 391,
34-15 Local Government Code. The formula must give preference to regions
34-16 according to the regions' needs.
34-17 SECTION 3. Section 38.011(j), Education Code, as added by
34-18 Chapter 1418, Acts of the 76th Legislature, Regular Session, 1999,
34-19 is amended to read as follows:
34-20 (j) The requirements prescribed by Subsection (i) apply only
34-21 to a school-based health center serving an area that:
34-22 (1) is located in a county with a population not
34-23 greater than 50,000; or
34-24 (2) has been designated under state or federal law as:
34-25 (A) a health professional shortage area;
34-26 (B) a medically underserved area; or
34-27 (C) a medically underserved community by the
35-1 Office of Rural Community Affairs [Center for Rural Health
35-2 Initiatives].
35-3 SECTION 4. Section 51.918(a), Education Code, is amended to
35-4 read as follows:
35-5 (a) The Texas Higher Education Coordinating Board, the
35-6 Office of Rural Community Affairs [Center for Rural Health
35-7 Initiatives in the Texas Department of Health], medical schools,
35-8 nursing schools, and schools of allied health sciences shall
35-9 cooperate to improve and expand programs for rural areas.
35-10 SECTION 5. Section 51.918(c), Education Code, as amended by
35-11 Chapters 349 and 965, Acts of the 74th Legislature, Regular
35-12 Session, 1995, is reenacted and amended to read as follows:
35-13 (c) The Office of Rural Community Affairs [Center for Rural
35-14 Health Initiatives] shall develop relief service programs for rural
35-15 physicians and allied health personnel to facilitate ready access
35-16 to continuing medical education as well as to provide [or] practice
35-17 coverage for purposes other than continuing medical education.
35-18 SECTION 6. Section 58.007(b)(1), Education Code, is amended
35-19 to read as follows:
35-20 (1) The Primary Care Residency Advisory Committee is
35-21 created and shall consist of 12 members as follows:
35-22 (A) seven members shall be licensed physicians,
35-23 one appointed by each of the following:
35-24 (i) the Texas Medical Association;
35-25 (ii) the Texas Osteopathic Medical
35-26 Association;
35-27 (iii) the Texas Academy of Family
36-1 Physicians;
36-2 (iv) the Texas Society of the American
36-3 College of Osteopathic Family Physicians;
36-4 (v) the Texas Society of Internal
36-5 Medicine;
36-6 (vi) the Texas Pediatric Society; and
36-7 (vii) the Texas Association of
36-8 Obstetricians and Gynecologists;
36-9 (B) one member shall be appointed by the Office
36-10 of Rural Community Affairs [Center for Rural Health Initiatives];
36-11 (C) one member shall be appointed by the Bureau
36-12 of Community Oriented Primary Care at the Texas Department of
36-13 Health; and
36-14 (D) three members shall be members of the
36-15 public, one appointed by each of the following:
36-16 (i) the governor;
36-17 (ii) the lieutenant governor; and
36-18 (iii) the speaker of the house of
36-19 representatives.
36-20 SECTION 7. Section 403.1065(c), Government Code, is amended
36-21 to read as follows:
36-22 (c) The available earnings of the fund may be appropriated
36-23 to the Office of Rural Community Affairs [Center for Rural Health
36-24 Initiatives] for the purposes of Subchapter H [G], Chapter 487
36-25 [106, Health and Safety Code].
36-26 SECTION 8. Section 86.011, Health and Safety Code, is amended
36-27 to read as follows:
37-1 Sec. 86.011. BREAST CANCER SCREENING. (a) The Office of
37-2 Rural Community Affairs [Center for Rural Health Initiatives] may
37-3 provide for breast cancer screening in counties with a population
37-4 of 50,000 or less.
37-5 (b) The Office of Rural Community Affairs [Center for Rural
37-6 Health Initiatives] may provide the breast cancer screening through
37-7 contracts with public or private entities to provide mobile units
37-8 and on-site screening services.
37-9 (c) The Office of Rural Community Affairs [Center for Rural
37-10 Health Initiatives] shall coordinate the breast cancer screening
37-11 with programs administered by the Texas Cancer Council.
37-12 SECTION 9. Sections 204.104(b) and (c), Occupations Code, are
37-13 amended to read as follows:
37-14 (b) The Office of Rural Community Affairs [Center for Rural
37-15 Health Initiatives] shall establish policies for and adopt rules to
37-16 administer the loan program.
37-17 (c) The physician assistant board shall authorize and the
37-18 medical board shall transfer annually the funds designated under
37-19 Subsection (a) to the Office of Rural Community Affairs [Center for
37-20 Rural Health Initiatives] to administer the loan program.
37-21 SECTION 10. Chapter 106, Health and Safety Code, is repealed.
37-22 SECTION 11. Section 2306.092, Government Code, is repealed.
37-23 SECTION 12. (a) Not later than November 1, 2001, the
37-24 governor, the lieutenant governor, and the speaker of the house of
37-25 representatives shall appoint the initial members of the executive
37-26 committee of the Office of Rural Community Affairs in accordance
37-27 with Chapter 487, Government Code, as added by this Act. Each
38-1 appointing authority shall appoint one member for a term expiring
38-2 February 1, 2003, one member for a term expiring February 1, 2005,
38-3 and one member for a term expiring February 1, 2007. The executive
38-4 committee may not take action until a majority of the members have
38-5 taken office.
38-6 (b) The Office of Rural Community Affairs shall employ an
38-7 executive director in accordance with Chapter 487, Government Code,
38-8 as added by this Act, not later than December 1, 2001.
38-9 (c) Not later than the 60th day after the date of the first
38-10 meeting of the executive committee of the Office of Rural Community
38-11 Affairs, the executive committee shall select a presiding officer.
38-12 SECTION 13. (a) On the date by which a majority of the
38-13 members of the executive committee of the Office of Rural Community
38-14 Affairs have taken office, the Center for Rural Health Initiatives
38-15 is abolished and all powers, duties, obligations, rights,
38-16 contracts, leases, records, property, and unspent and unobligated
38-17 appropriations and other funds of the Center for Rural Health
38-18 Initiatives are transferred to the Office of Rural Community
38-19 Affairs.
38-20 (b) The abolishment of the Center for Rural Health
38-21 Initiatives does not affect the validity of a right, privilege, or
38-22 obligation accrued, a contract or acquisition made, any liability
38-23 incurred, a permit or license issued, any penalty, forfeiture, or
38-24 punishment assessed, a rule adopted, a proceeding, investigation,
38-25 or remedy begun, a decision made, or other action taken by or in
38-26 connection with the Center for Rural Health Initiatives.
38-27 (c) All rules, policies, procedures, and decisions of the
39-1 Center for Rural Health Initiatives are continued in effect as
39-2 rules, policies, procedures, and decisions of the Office of Rural
39-3 Community Affairs until superseded by a rule or other appropriate
39-4 action of the Office of Rural Community Affairs.
39-5 (d) Any action or proceeding before the Center for Rural
39-6 Health Initiatives is transferred without change in status to the
39-7 Office of Rural Community Affairs, and the Office of Rural
39-8 Community Affairs assumes, without a change in status, the position
39-9 of the Center for Rural Health Initiatives in any action or
39-10 proceeding to which the Center for Rural Health Initiatives is a
39-11 party.
39-12 (e) The Office of Rural Community Affairs is authorized to
39-13 employ the same number of full-time equivalent employees as the
39-14 Center for Rural Health Initiatives.
39-15 (f) A fund or account administered by the Center for Rural
39-16 Health Initiatives is not considered to be abolished and re-created
39-17 by this Act but is considered to be transferred to the Office of
39-18 Rural Community Affairs.
39-19 (g) Notwithstanding the changes in law made by this Act,
39-20 until the date the Center for Rural Health Initiatives is abolished
39-21 as provided by this Act, the Center for Rural Health Initiatives
39-22 shall continue to exercise the powers and duties assigned to the
39-23 Center for Rural Health Initiatives under the law as it existed
39-24 immediately before the effective date of this Act or as modified by
39-25 another Act of the 77th Legislature, Regular Session, 2001, that
39-26 becomes law, and the former law is continued in effect for that
39-27 purpose.
40-1 SECTION 14. (a) On the date by which a majority of the
40-2 members of the executive committee of the Office of Rural Community
40-3 Affairs have taken office, all powers, duties, obligations, rights,
40-4 contracts, leases, records, personnel, property, and unspent and
40-5 unobligated appropriations and other funds of the Texas Department
40-6 of Housing and Community Affairs related to the federal community
40-7 development block grant nonentitlement program and to the community
40-8 affairs and community development program under Section 2306.092,
40-9 Government Code, including appropriations relating to the indirect
40-10 costs and general administrative support of those programs, are
40-11 transferred to the Office of Rural Community Affairs.
40-12 (b) The transfer of the federal community development block
40-13 grant nonentitlement program to the Office of Rural Community
40-14 Affairs does not affect the validity of a right, privilege, or
40-15 obligation accrued, a contract or acquisition made, any liability
40-16 incurred, a permit or license issued, any penalty, forfeiture, or
40-17 punishment assessed, a rule adopted, a proceeding, investigation,
40-18 or remedy begun, a decision made, or other action taken by or in
40-19 connection with the program by the Texas Department of Housing and
40-20 Community Affairs.
40-21 (c) All rules, policies, procedures, and decisions of the
40-22 Texas Department of Housing and Community Affairs related to the
40-23 federal community development block grant nonentitlement program
40-24 are continued in effect as rules, policies, procedures, and
40-25 decisions of the Office of Rural Community Affairs until superseded
40-26 by a rule or other appropriate action of the Office of Rural
40-27 Community Affairs.
41-1 (d) Any action or proceeding before the Texas Department of
41-2 Housing and Community Affairs related to the federal community
41-3 development block grant nonentitlement program is transferred
41-4 without change in status to the Office of Rural Community Affairs,
41-5 and the Office of Rural Community Affairs assumes, without a change
41-6 in status, the position of the Texas Department of Housing and
41-7 Community Affairs in any action or proceeding related to the
41-8 program to which the Texas Department of Housing and Community
41-9 Affairs is a party.
41-10 (e) A reference to the Texas Department of Economic
41-11 Development in a rule of the Texas Department of Housing and
41-12 Community Affairs relating to the administration of the Texas
41-13 Capital Fund means the Department of Agriculture.
41-14 (f) A fund or account administered by the Texas Department
41-15 of Economic Development relating to the federal community
41-16 development block grant nonentitlement program is not considered to
41-17 be abolished and re-created by this Act but is considered to be
41-18 transferred to the Office of Rural Community Affairs.
41-19 (g) Notwithstanding the changes in law made by this Act,
41-20 until the date the federal community development block grant
41-21 nonentitlement program is transferred to the Office of Rural
41-22 Community Affairs as provided by this Act, the Texas Department of
41-23 Housing and Community Affairs and the Texas Department of Economic
41-24 Development shall continue to exercise the powers and duties
41-25 assigned to the Texas Department of Housing and Community Affairs
41-26 and the Texas Department of Economic Development, respectively,
41-27 under the law as it existed immediately before the effective date
42-1 of this Act or as modified by another Act of the 77th Legislature,
42-2 Regular Session, 2001, that becomes law, and the former law is
42-3 continued in effect for that purpose.
42-4 SECTION 15. The executive director of the Office of Rural
42-5 Community Affairs may change the duties of any employee who is
42-6 transferred to the Office of Rural Community Affairs.
42-7 SECTION 16. The Legislative Budget Board shall resolve any
42-8 disputes about which obligations, rights, contracts, leases,
42-9 records, personnel, property, and unspent and unobligated
42-10 appropriations or other funds are entitled to be transferred to the
42-11 Office of Rural Community Affairs.
42-12 SECTION 17. (a) Except as provided by Subsection (b), this
42-13 Act takes effect September 1, 2001.
42-14 (b) Section 487.023, Government Code, as added by this Act,
42-15 takes effect September 1, 2002.