1-1 By: Chisum, et al. (Senate Sponsor - Sibley) H.B. No. 7
1-2 (In the Senate - Received from the House April 11, 2001;
1-3 April 17, 2001, read first time and referred to Committee on State
1-4 Affairs; May 11, 2001, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 11, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Harris
1-7 Amend House Bill 7 by inserting a new SUBCHAPTER J on page
1-8 14, line 54, to read as follows:
1-9 SUBCHAPTER J. DESIGNATING RURAL HOSPITALS.
1-10 Sec. 487.401. ADMINISRATION. (a) The executive committee
1-11 shall adopt rules that establish a procedure for designating a
1-12 hospital as a rural hospital in order for the hospital to quality
1-13 for federal funds under 42 C.F.R. part 412.
1-14 (b) At the hospital's request, the office shall designate
1-15 the hospital as a rural hospital if the hospital meets the
1-16 requirements for a rural hospital under the commission's rules.
1-17 COMMITTEE AMENDMENT NO. 2 By: Harris
1-18 Amend House Bill 7 as follows:
1-19 (1) On page 16, line 48, insert ",foundation," after "fund"
1-20 and before "or".
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to creating the Office of Rural Community Affairs.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subtitle F, Title 4, Government Code, is amended
1-26 by adding Chapter 487 to read as follows:
1-27 CHAPTER 487. OFFICE OF RURAL COMMUNITY AFFAIRS
1-28 SUBCHAPTER A. GENERAL PROVISIONS
1-29 Sec. 487.001. DEFINITIONS. In this chapter:
1-30 (1) "Executive committee" means the executive
1-31 committee of the Office of Rural Community Affairs.
1-32 (2) "Office" means the Office of Rural Community
1-33 Affairs.
1-34 Sec. 487.002. SUNSET PROVISION. The Office of Rural
1-35 Community Affairs is subject to Chapter 325 (Texas Sunset Act).
1-36 Unless continued in existence as provided by that chapter, the
1-37 office is abolished and this chapter expires September 1, 2007.
1-38 (Sections 487.003-487.020 reserved for expansion
1-39 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
1-40 Sec. 487.021. EXECUTIVE COMMITTEE. (a) The executive
1-41 committee is the governing body of the office.
1-42 (b) The executive committee is composed of the following
1-43 nine members:
1-44 (1) three members appointed by the governor;
1-45 (2) three members appointed by the lieutenant
1-46 governor; and
1-47 (3) three members appointed by the speaker of the
1-48 house of representatives.
1-49 (c) The governor, the lieutenant governor, and the speaker
1-50 of the house of representatives shall each appoint at least two
1-51 members who possess a strong understanding of and commitment to
1-52 rural interests based on the individual's personal history,
1-53 including residency, occupation, and business or civic activities.
1-54 (d) Appointments to the executive committee shall be made
1-55 without regard to the race, color, disability, sex, religion, age,
1-56 or national origin of the appointees.
1-57 (e) The members of the executive committee serve for
1-58 staggered six-year terms, with the terms of three members expiring
1-59 February 1 of each odd-numbered year.
1-60 (f) Executive committee members receive no compensation but
1-61 are entitled to reimbursement of actual and necessary expenses
2-1 incurred in the performance of their duties.
2-2 (g) The members of the executive committee annually shall
2-3 elect a presiding officer from among the members of the executive
2-4 committee.
2-5 Sec. 487.022. CONFLICTS OF INTEREST. (a) In this section,
2-6 "Texas trade association" means a cooperative and voluntarily
2-7 joined association of business or professional competitors in this
2-8 state designed to assist its members and its industry or profession
2-9 in dealing with mutual business or professional problems and in
2-10 promoting their common interest.
2-11 (b) A person may not be a member of the executive committee
2-12 and may not be an office employee employed in a "bona fide
2-13 executive, administrative, or professional capacity," as that
2-14 phrase is used for purposes of establishing an exemption to the
2-15 overtime provisions of the federal Fair Labor Standards Act of 1938
2-16 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-17 (1) the person is an officer, employee, or paid
2-18 consultant of a Texas trade association in the field of rural
2-19 affairs; or
2-20 (2) the person's spouse is an officer, manager, or
2-21 paid consultant of a Texas trade association in the field of rural
2-22 affairs.
2-23 (c) A person may not be a member of the executive committee
2-24 or act as the general counsel to the executive committee or the
2-25 office if the person is required to register as a lobbyist under
2-26 Chapter 305 because of the person's activities for compensation on
2-27 behalf of a profession related to the operation of the office.
2-28 Sec. 487.023. TRAINING FOR MEMBERS OF EXECUTIVE COMMITTEE.
2-29 (a) A person who is appointed to and qualifies for office as a
2-30 member of the executive committee may not vote, deliberate, or be
2-31 counted as a member in attendance at a meeting of the executive
2-32 committee until the person completes a training program that
2-33 complies with this section.
2-34 (b) The training program must provide the person with
2-35 information regarding:
2-36 (1) the legislation that created the office and the
2-37 executive committee;
2-38 (2) the programs operated by the office;
2-39 (3) the role and functions of the office;
2-40 (4) the rules of the office, with an emphasis on any
2-41 rules that relate to disciplinary and investigatory authority;
2-42 (5) the current budget for the office;
2-43 (6) the results of the most recent formal audit of the
2-44 office;
2-45 (7) the requirements of:
2-46 (A) the open meetings law, Chapter 551;
2-47 (B) the public information law, Chapter 552;
2-48 (C) the administrative procedure law, Chapter
2-49 2001; and
2-50 (D) other laws relating to public officials,
2-51 including conflict-of-interest laws; and
2-52 (8) any applicable ethics policies adopted by the
2-53 executive committee or the Texas Ethics Commission.
2-54 (c) A person appointed to the executive committee is
2-55 entitled to reimbursement, as provided by general law and the
2-56 General Appropriations Act, for the travel expenses incurred in
2-57 attending the training program regardless of whether the attendance
2-58 at the program occurs before or after the person qualifies for
2-59 office.
2-60 Sec. 487.024. REMOVAL. (a) It is a ground for removal from
2-61 the executive committee that a member:
2-62 (1) does not have at the time of taking office the
2-63 qualifications required by Section 487.021;
2-64 (2) does not maintain during service on the executive
2-65 committee the qualifications required by Section 487.021;
2-66 (3) is ineligible for membership under Section
2-67 487.022;
2-68 (4) cannot, because of illness or disability,
2-69 discharge the member's duties for a substantial part of the
3-1 member's term; or
3-2 (5) is absent from more than half of the regularly
3-3 scheduled executive committee meetings that the member is eligible
3-4 to attend during a calendar year without an excuse approved by a
3-5 majority vote of the executive committee.
3-6 (b) The validity of an action of the executive committee is
3-7 not affected by the fact that it is taken when a ground for removal
3-8 of an executive committee member exists.
3-9 (c) If the executive director has knowledge that a potential
3-10 ground for removal exists, the executive director shall notify the
3-11 presiding officer of the executive committee of the potential
3-12 ground. The presiding officer shall then notify the governor and
3-13 the attorney general that a potential ground for removal exists. If
3-14 the potential ground for removal involves the presiding officer,
3-15 the executive director shall notify the next highest ranking
3-16 officer of the executive committee, who shall then notify the
3-17 governor and the attorney general that a potential ground for
3-18 removal exists.
3-19 Sec. 487.025. DIVISION OF RESPONSIBILITY. The executive
3-20 committee shall develop and implement policies that clearly
3-21 separate the policy-making responsibilities of the executive
3-22 committee and the management responsibilities of the executive
3-23 director and staff of the office.
3-24 Sec. 487.026. EXECUTIVE DIRECTOR. (a) The executive
3-25 committee may hire an executive director to serve as the chief
3-26 executive officer of the office and to perform the administrative
3-27 duties of the office.
3-28 (b) The executive director serves at the will of the
3-29 executive committee.
3-30 (c) The executive director may hire staff within guidelines
3-31 established by the executive committee.
3-32 Sec. 487.027. PUBLIC HEARINGS. The executive committee shall
3-33 develop and implement policies that provide the public with a
3-34 reasonable opportunity to appear before the executive committee and
3-35 to speak on any issue under the jurisdiction of the office.
3-36 Sec. 487.028. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
3-37 (a) The executive director or the executive director's designee
3-38 shall prepare and maintain a written policy statement that
3-39 implements a program of equal employment opportunity to ensure that
3-40 all personnel decisions are made without regard to race, color,
3-41 disability, sex, religion, age, or national origin.
3-42 (b) The policy statement must include:
3-43 (1) personnel policies, including policies relating to
3-44 recruitment, evaluation, selection, training, and promotion of
3-45 personnel, that show the intent of the office to avoid the unlawful
3-46 employment practices described by Chapter 21, Labor Code; and
3-47 (2) an analysis of the extent to which the composition
3-48 of the office's personnel is in accordance with state and federal
3-49 law and a description of reasonable methods to achieve compliance
3-50 with state and federal law.
3-51 (c) The policy statement must be:
3-52 (1) updated annually;
3-53 (2) reviewed by the state Commission on Human Rights
3-54 for compliance with Subsection (b)(1); and
3-55 (3) filed with the governor's office.
3-56 Sec. 487.029. STANDARDS OF CONDUCT. The executive director
3-57 or the executive director's designee shall provide to members of
3-58 the executive committee and to agency employees, as often as
3-59 necessary, information regarding the requirements for office or
3-60 employment under this chapter, including information regarding a
3-61 person's responsibilities under applicable laws relating to
3-62 standards of conduct for state officers or employees.
3-63 Sec. 487.030. COMPLAINTS. (a) The office shall maintain a
3-64 file on each written complaint filed with the office. The file must
3-65 include:
3-66 (1) the name of the person who filed the complaint;
3-67 (2) the date the complaint is received by the office;
3-68 (3) the subject matter of the complaint;
3-69 (4) the name of each person contacted in relation to
4-1 the complaint;
4-2 (5) a summary of the results of the review or
4-3 investigation of the complaint; and
4-4 (6) an explanation of the reason the file was closed,
4-5 if the office closed the file without taking action other than to
4-6 investigate the complaint.
4-7 (b) The office shall provide to the person filing the
4-8 complaint and to each person who is a subject of the complaint a
4-9 copy of the office's policies and procedures relating to complaint
4-10 investigation and resolution.
4-11 (c) The office, at least quarterly until final disposition
4-12 of the complaint, shall notify the person filing the complaint and
4-13 each person who is a subject of the complaint of the status of the
4-14 investigation unless the notice would jeopardize an undercover
4-15 investigation.
4-16 (Sections 487.031-487.050 reserved for expansion
4-17 SUBCHAPTER C. GENERAL POWERS AND DUTIES
4-18 Sec. 487.051. POWERS AND DUTIES. The office shall:
4-19 (1) develop a rural policy for the state in
4-20 consultation with local leaders representing all facets of rural
4-21 community life, academic and industry experts, and state elected
4-22 and appointed officials with interests in rural communities;
4-23 (2) work with other state agencies and officials to
4-24 improve the results and the cost-effectiveness of state programs
4-25 affecting rural communities through coordination of efforts;
4-26 (3) develop programs to improve the leadership
4-27 capacity of rural community leaders;
4-28 (4) monitor developments that have a substantial
4-29 effect on rural Texas communities, especially actions of state
4-30 government, and compile an annual report describing and evaluating
4-31 the condition of rural communities;
4-32 (5) administer the federal community development block
4-33 grant nonentitlement program;
4-34 (6) administer programs supporting rural health care
4-35 as provided by Subchapters D-H;
4-36 (7) perform research to determine the most beneficial
4-37 and cost-effective ways to improve the welfare of rural
4-38 communities;
4-39 (8) ensure that the office qualifies as the state's
4-40 office of rural health for the purpose of receiving grants from the
4-41 Office of Rural Health Policy of the United States Department of
4-42 Health and Human Services under 42 U.S.C. Section 254r; and
4-43 (9) manage the state's Medicare rural hospital
4-44 flexibility program under 42 U.S.C. Section 1395i-4.
4-45 Sec. 487.052. RULES. The executive committee may adopt rules
4-46 as necessary to implement this chapter.
4-47 Sec. 487.053. GIFTS AND GRANTS. (a) The office may accept
4-48 gifts, grants, and donations from any organization for the purpose
4-49 of funding any activity under this chapter, and the office shall
4-50 actively seek funding from appropriate nonprofit foundations.
4-51 (b) All gifts, grants, and donations must be accepted in an
4-52 open meeting by a majority of the voting members of the executive
4-53 committee and reported in the public record of the meeting with the
4-54 name of the donor and purpose of the gift, grant, or donation.
4-55 Sec. 487.054. ANNUAL MEETING ON RURAL ISSUES. (a) At least
4-56 once each year, the following agency heads shall meet to discuss
4-57 rural issues:
4-58 (1) the commissioner of agriculture;
4-59 (2) the executive director of the Public Utility
4-60 Commission of Texas;
4-61 (3) the director of the Texas Agricultural Extension
4-62 Service;
4-63 (4) the presiding officer of the Telecommunications
4-64 Infrastructure Fund Board;
4-65 (5) the executive director of the Texas Department of
4-66 Housing and Community Affairs;
4-67 (6) the commissioner of health;
4-68 (7) the executive administrator of the Texas Water
4-69 Development Board;
5-1 (8) the executive director of the Parks and Wildlife
5-2 Department;
5-3 (9) the commissioner of human services;
5-4 (10) the commissioner of higher education;
5-5 (11) the comptroller; and
5-6 (12) the executive director of the Texas Department of
5-7 Transportation.
5-8 (b) The executive committee shall call the annual meeting.
5-9 The executive committee shall set the time and date of the meeting
5-10 after consulting with the agency heads listed in Subsection (a).
5-11 Sec. 487.055. ADVISORY COMMITTEES. The executive committee
5-12 may appoint advisory committees as necessary to assist the
5-13 executive committee in performing its duties. An advisory
5-14 committee may be composed of private citizens and representatives
5-15 from state and local governmental entities. A state or local
5-16 governmental entity shall appoint a representative to an advisory
5-17 committee at the request of the executive committee. Chapter 2110
5-18 does not apply to an advisory committee created under this section.
5-19 Sec. 487.056. REPORT TO LEGISLATURE. Not later than January
5-20 1 of each odd-numbered year, the office shall submit a biennial
5-21 report to the legislature regarding the activities of the office
5-22 and any findings and recommendations relating to rural issues.
5-23 Sec. 487.057. RURAL HEALTH WORK PLAN. (a) The office shall
5-24 develop, implement, and update a rural health work plan.
5-25 (b) The office shall submit the rural health work plan to
5-26 the executive committee for approval. The executive committee
5-27 shall approve the rural health work plan not later than August 1 of
5-28 each odd-numbered year.
5-29 (c) The office shall work with health care providers, rural
5-30 communities, universities, and all health and human service related
5-31 state agencies to develop the rural health work plan. The office
5-32 shall solicit public comment on the rural health work plan.
5-33 (d) The rural health work plan must identify:
5-34 (1) the mission, goals, and objectives of how the
5-35 office will work to assist rural communities in meeting rural
5-36 health care needs;
5-37 (2) ways for the state to effectively and creatively
5-38 address the unmet health care needs of rural communities;
5-39 (3) ways to coordinate the administration and delivery
5-40 of rural health care service with federal, state, and local public
5-41 and private programs that provide similar services; and
5-42 (4) the office's priorities to accomplish the
5-43 objectives of the plan.
5-44 Sec. 487.058. CONTRACT FOR ADMINISTRATIVE SERVICES. (a) The
5-45 office shall enter into an interagency contract with another state
5-46 agency to provide routine administrative services for the office.
5-47 (b) The Legislative Budget Board and the Department of
5-48 Information Resources shall:
5-49 (1) evaluate and recommend the most efficient and
5-50 appropriate ways to obtain the administrative services under
5-51 Subsection (a); and
5-52 (2) assist the office with contracting and any other
5-53 matters relating to obtaining the administrative services in the
5-54 most efficient manner.
5-55 (Sections 487.059-487.100 reserved for expansion
5-56 SUBCHAPTER D. OUTSTANDING RURAL SCHOLAR
5-57 RECOGNITION AND LOAN PROGRAM FOR RURAL HEALTH CARE
5-58 Sec. 487.101. DEFINITIONS. In this subchapter:
5-59 (1) "Selection committee" means the Outstanding Rural
5-60 Scholar Selection Committee.
5-61 (2) "Fund" means the outstanding rural scholar fund.
5-62 (3) "Postsecondary educational institution" means:
5-63 (A) an institution of higher education, as
5-64 defined by Section 61.003, Education Code;
5-65 (B) a nonprofit, independent institution
5-66 approved under Section 61.222, Education Code; or
5-67 (C) a nonprofit, health-related school or
5-68 program accredited by the Southern Association of Colleges and
5-69 Schools, the Liaison Committee on Medical Education, the American
6-1 Osteopathic Association, the Board of Nurse Examiners, the Board of
6-2 Vocational Nurse Examiners, or, in the case of allied health, an
6-3 accrediting body recognized by the United States Department of
6-4 Education.
6-5 (4) "Program" means the outstanding rural scholar
6-6 recognition and loan program for rural health care.
6-7 (5) "Rural community" means a municipality in a
6-8 nonmetropolitan county as defined by the United States Census
6-9 Bureau in its most recent census.
6-10 Sec. 487.102. ADMINISTRATION. The office shall administer or
6-11 contract for the administration of the program.
6-12 Sec. 487.103. SELECTION COMMITTEE. (a) The selection
6-13 committee shall advise the executive committee on the progress of
6-14 the program.
6-15 (b) The selection committee is composed of 12 members
6-16 appointed by the executive committee.
6-17 (c) The executive committee shall consider geographical
6-18 representation in making appointments to the selection committee.
6-19 (d) Selection committee members serve for staggered
6-20 three-year terms, with the terms of four members expiring August 31
6-21 of each year. A member is eligible for reappointment to consecutive
6-22 terms.
6-23 (e) A member of the selection committee is not entitled to
6-24 reimbursement for expenses incurred in performing duties under this
6-25 subchapter.
6-26 Sec. 487.104. SELECTION OF OUTSTANDING RURAL SCHOLARS. (a)
6-27 The selection committee shall select outstanding rural scholars
6-28 through a statewide competition.
6-29 (b) The selection committee shall make selections based on
6-30 criteria approved by the executive committee and adopted as a rule
6-31 of the office.
6-32 (c) The selection committee may not use the applicant's
6-33 performance on a standardized test as the sole criterion to
6-34 determine the applicant's selection as an outstanding rural
6-35 scholar.
6-36 (d) The selection committee shall recommend to the executive
6-37 committee guidelines to be used by rural communities in the
6-38 selection of students for nomination and sponsorship as outstanding
6-39 rural scholars.
6-40 (e) An outstanding rural scholar receives public recognition
6-41 and a certificate of award and is eligible for a forgivable loan
6-42 under this subchapter.
6-43 Sec. 487.105. ELIGIBILITY FOR OUTSTANDING RURAL SCHOLAR
6-44 COMPETITION. (a) To be eligible to participate in the competition
6-45 under Section 487.104, a high school student or an undergraduate
6-46 student at a postsecondary educational institution must:
6-47 (1) be nominated and sponsored by a rural community,
6-48 which sponsorship must include financial support;
6-49 (2) be a Texas resident under Subchapter B, Chapter
6-50 54, Education Code;
6-51 (3) if the person is a high school student, be in the
6-52 upper 25 percent of the student's high school class, if the class
6-53 contains 48 or more students, and intend to enter a postsecondary
6-54 educational institution; and
6-55 (4) if the person is an undergraduate student, be in
6-56 the upper 25 percent of the student's class or have a cumulative
6-57 grade average that is equal to or greater than the equivalent of a
6-58 3.0 on a 4.0 scale and be enrolled in a postsecondary educational
6-59 institution.
6-60 (b) If a person is neither a high school student nor an
6-61 undergraduate student, the person must be eligible for
6-62 participation in the competition under rules adopted by the office.
6-63 Sec. 487.106. ELIGIBILITY FOR LOANS; RURAL COMMUNITY
6-64 FINANCIAL SUPPORT. (a) For an outstanding rural scholar to be
6-65 eligible for a forgivable loan, community sponsorship must include
6-66 financial support.
6-67 (b) Community financial support consists of a commitment to
6-68 fund 50 percent of the costs of a scholar's tuition, fees,
6-69 educational materials, and living expenses.
7-1 (c) The financial support under this section may be
7-2 satisfied wholly or partly by a grant, a scholarship, or private
7-3 foundation support.
7-4 (d) Evidence of the financial support must be submitted with
7-5 a community's nomination.
7-6 Sec. 487.107. AWARDING OF LOANS. (a) The selection
7-7 committee shall recommend to the executive committee guidelines for
7-8 the awarding of forgivable loans to outstanding rural scholars.
7-9 (b) The executive committee, acting on the advice of the
7-10 selection committee, shall award forgivable loans to outstanding
7-11 rural scholars based on the availability of money in the fund.
7-12 (c) If in any year the fund is inadequate to provide loans
7-13 to all eligible applicants, the executive committee shall award
7-14 forgivable loans on a priority basis according to the applicants'
7-15 academic performance, test scores, and other criteria of
7-16 eligibility.
7-17 Sec. 487.108. AMOUNT OF LOAN. (a) On confirmation of an
7-18 outstanding rural scholar's admission to a postsecondary
7-19 educational institution, or on receipt of an enrollment report of
7-20 the scholar at a postsecondary educational institution, and a
7-21 certification of the amount of financial support needed, the
7-22 selection committee annually shall recommend to the executive
7-23 committee that the committee award a forgivable loan to the scholar
7-24 in the amount of 50 percent of the cost of the scholar's tuition,
7-25 fees, educational materials, and living expenses.
7-26 (b) An outstanding rural scholar may receive another grant,
7-27 loan, or scholarship for which the scholar is eligible in addition
7-28 to the receipt of a forgivable loan, except that the total amount
7-29 of funds received may not exceed the reasonable needs of the
7-30 scholar.
7-31 Sec. 487.109. LOAN FORGIVENESS. (a) The principal balance
7-32 and interest for one year of a forgivable loan awarded to an
7-33 outstanding rural scholar must be forgiven for each year the
7-34 scholar practices as a health care professional in the sponsoring
7-35 community.
7-36 (b) The sponsoring community shall report to the executive
7-37 committee the length of time the scholar practices as a health care
7-38 professional in the community.
7-39 (c) If the executive committee finds that a sponsoring
7-40 community is not in need of the scholar's services and that the
7-41 community is willing to forgive repayment of the principal balance
7-42 and interest of the scholar's loan, the executive committee by rule
7-43 may provide for the principal balance and interest of one year of
7-44 the scholar's loan to be forgiven for each year the scholar
7-45 practices in another rural community in this state.
7-46 (d) Any amount of loan principal or interest that is not
7-47 forgiven under this section shall be repaid to the office with
7-48 reasonable collection fees in a timely manner as provided by
7-49 executive committee rule.
7-50 Sec. 487.110. FUND. (a) The outstanding rural scholar fund
7-51 is in the state treasury.
7-52 (b) The fund consists of legislative appropriations, gifts,
7-53 grants, donations, the market value of in-kind contributions, and
7-54 principal and interest payments on forgivable loans deposited to
7-55 the credit of the fund by the office.
7-56 (c) The office shall administer the fund.
7-57 (d) The office shall allocate the fund, as available, for
7-58 forgivable loans under this subchapter.
7-59 (e) The office shall deposit any principal and interest
7-60 payments on forgivable loans to the credit of the fund.
7-61 Sec. 487.111. POSTSECONDARY EDUCATIONAL INSTITUTIONS;
7-62 MONITORING. (a) A postsecondary educational institution shall
7-63 provide to the selection committee a copy of the academic
7-64 transcript of each rural scholar for whom the institution has
7-65 received a release that complies with state and federal open
7-66 records laws and authorizes the provision of a transcript.
7-67 (b) The office shall require reports from students and
7-68 postsecondary educational institutions as needed to monitor the
7-69 program. After receiving any necessary releases as a condition of
8-1 providing assistance, the office shall distribute reports relating
8-2 to the progress of an outstanding rural scholar to the community
8-3 sponsoring the scholar.
8-4 Sec. 487.112. ADOPTION AND DISTRIBUTION OF RULES. (a) The
8-5 executive committee shall adopt reasonable rules to enforce the
8-6 requirements, conditions, and limitations under this subchapter.
8-7 (b) The executive committee shall set the rate of interest
8-8 charged on a forgivable loan under this subchapter.
8-9 (c) The executive committee shall adopt rules necessary to
8-10 ensure compliance with the federal Civil Rights Act of 1964 (42
8-11 U.S.C. Section 2000a et seq.) concerning nondiscrimination in
8-12 admissions.
8-13 (Sections 487.113-487.150 reserved for expansion
8-14 SUBCHAPTER E. HEALTH CAREERS PROMOTION AND EDUCATION PROGRAM
8-15 Sec. 487.151. DEFINITIONS. In this subchapter:
8-16 (1) "Fund" means the health careers education fund.
8-17 (2) "Postsecondary educational institution" means:
8-18 (A) an institution of higher education, as
8-19 defined by Section 61.003, Education Code;
8-20 (B) a nonprofit, independent institution
8-21 approved under Section 61.222, Education Code; or
8-22 (C) a nonprofit, health-related school or
8-23 program accredited by the Southern Association of Colleges and
8-24 Schools, the Liaison Committee on Medical Education, the American
8-25 Osteopathic Association, the Board of Nurse Examiners, the Board of
8-26 Vocational Nurse Examiners, or, in the case of allied health, an
8-27 accrediting body recognized by the United States Department of
8-28 Education.
8-29 (3) "Program" means the health careers promotion and
8-30 education program.
8-31 (4) "Qualified area" means an area qualifying under
8-32 the National Health Services Corps Community Scholarship Program or
8-33 an area with similar characteristics as identified by the office.
8-34 Sec. 487.152. ADMINISTRATION. (a) The office shall
8-35 administer or contract for the administration of the program.
8-36 (b) The office may solicit and accept gifts, grants,
8-37 donations, and contributions to support the program.
8-38 Sec. 487.153. HEALTH CAREERS PROMOTION. The office may
8-39 establish a program to work with students, communities, and
8-40 community-based organizations to encourage high school students to
8-41 pursue health care professional careers. The office shall give
8-42 priority to working with communities and students in qualified
8-43 areas.
8-44 Sec. 487.154. LOANS. (a) The executive committee may award
8-45 forgivable educational loans to eligible students under this
8-46 subchapter.
8-47 (b) The executive committee may award forgivable loans to
8-48 eligible students based on the availability of money in the fund.
8-49 (c) If in any year the fund is inadequate to provide loans
8-50 to all eligible students, the executive committee may award
8-51 forgivable loans on a priority basis according to the students'
8-52 academic performance, test scores, and other criteria of
8-53 eligibility.
8-54 Sec. 487.155. STUDENT ELIGIBILITY. (a) To be eligible to
8-55 receive a loan under this subchapter, a student must:
8-56 (1) be sponsored by an eligible community;
8-57 (2) at the time of the application for the loan, be
8-58 enrolled in high school or enrolled or accepted for enrollment in a
8-59 postsecondary educational institution in this state;
8-60 (3) meet academic requirements as established by the
8-61 executive committee;
8-62 (4) plan to complete a health care professional degree
8-63 or certificate program;
8-64 (5) plan to practice as a health care professional in
8-65 a qualified area of the state; and
8-66 (6) meet other requirements as established by the
8-67 executive committee.
8-68 (b) Other requirements for eligibility for a loan under this
8-69 subchapter must include:
9-1 (1) one or more interviews with the student; and
9-2 (2) a statement written by the student of the
9-3 student's reasons for:
9-4 (A) entering the health care profession; and
9-5 (B) wanting to provide health care services to a
9-6 qualified area in this state.
9-7 Sec. 487.156. COMMUNITY ELIGIBILITY. (a) To be eligible to
9-8 sponsor a student under this subchapter, a community must:
9-9 (1) be located in a qualified area in this state; and
9-10 (2) provide evidence of community sponsorship of the
9-11 student.
9-12 (b) Community sponsorship consists of:
9-13 (1) a commitment to pay for a percentage of the
9-14 student's postsecondary educational expenses, including tuition,
9-15 fees, educational materials, and living expenses; and
9-16 (2) a commitment to employ the student on a full-time
9-17 basis as a health care professional on the student's completion of
9-18 the academic program and licensure or certification in the health
9-19 care profession for which the student is sponsored.
9-20 (c) The executive committee shall determine the percentage
9-21 of educational expenses communities are required to provide under
9-22 this section.
9-23 (d) Community financial support may be satisfied wholly or
9-24 partly by a grant, a scholarship, or private foundation support.
9-25 Sec. 487.157. AMOUNT OF LOAN. (a) On confirmation of an
9-26 eligible student's admission to a postsecondary educational
9-27 institution, or on receipt of an enrollment report of the student
9-28 at a postsecondary educational institution, and certification of
9-29 the amount of financial support needed, the executive committee may
9-30 award a forgivable loan to the student in the amount of not more
9-31 than the cost of the student's tuition, fees, educational
9-32 materials, and living expenses.
9-33 (b) An eligible student may receive another grant, loan, or
9-34 scholarship for which the student is eligible in addition to the
9-35 receipt of a forgivable loan, except that the total amount of funds
9-36 received may not exceed the reasonable needs of the student as
9-37 determined by the postsecondary educational institution in which
9-38 the student is enrolled.
9-39 Sec. 487.158. REQUIRED CONTRACT. (a) A student may receive
9-40 assistance under this subchapter only if the student signs a
9-41 contract agreeing to provide health care services to the sponsoring
9-42 community on completion of the academic program and licensure or
9-43 certification in the health care profession for which the student
9-44 is sponsored.
9-45 (b) The contract must provide that if the student does not
9-46 provide the required services to the community or provides those
9-47 services for less than the required time, the student is personally
9-48 liable to the state for:
9-49 (1) the total amount of assistance the student
9-50 receives from the office and the sponsoring community;
9-51 (2) interest on the total amount at a rate set by the
9-52 executive committee; and
9-53 (3) the state's reasonable expenses incurred in
9-54 obtaining payment, including reasonable attorney's fees.
9-55 Sec. 487.159. LOAN FORGIVENESS. (a) A loan recipient shall
9-56 be forgiven the principal and interest of one year's loan for each
9-57 year the recipient practices as a health care professional
9-58 providing health care services in the sponsoring community, but
9-59 only if the loan recipient practices as a health care professional
9-60 providing health care services in the sponsoring community or in
9-61 another qualified area under Subsection (b) for a minimum of two
9-62 years.
9-63 (b) If the executive committee finds that a sponsoring
9-64 community is not in need of the student's services and that the
9-65 community is willing to forgive repayment of the principal balance
9-66 and interest of the student's loan, the executive committee by rule
9-67 may provide for the principal balance and interest of the student's
9-68 loan to be forgiven if the student provides services in another
9-69 qualified area in this state.
10-1 Sec. 487.160. FUND. (a) The health careers education fund
10-2 is established in the state treasury.
10-3 (b) The office shall administer the fund.
10-4 (c) The fund consists of gifts, grants, donations, the
10-5 market value of in-kind contributions, and principal and interest
10-6 payments on forgivable loans deposited to the credit of the fund by
10-7 the office.
10-8 (d) The office shall deposit any principal and interest
10-9 payments on forgivable loans to the credit of the fund.
10-10 (e) The office shall allocate the fund, as available, for
10-11 forgivable loans and community repayment under this subchapter.
10-12 (f) Unless otherwise provided by the General Appropriations
10-13 Act, the office may use money appropriated to the office to support
10-14 the fund.
10-15 Sec. 487.161. REPORTING; MONITORING. (a) The office shall
10-16 require reports from students, communities, and postsecondary
10-17 educational institutions as needed to monitor the program. After
10-18 receiving any necessary releases as a condition of providing
10-19 assistance, the office shall distribute reports relating to the
10-20 progress of a student to the community sponsoring the student.
10-21 (b) The sponsoring community shall report to the executive
10-22 committee the length of time the student provides health care
10-23 services in the community in accordance with the guidelines
10-24 established by the executive committee.
10-25 (c) A postsecondary educational institution shall provide to
10-26 the executive committee a copy of the academic transcript of each
10-27 student for whom the institution has received a release that
10-28 complies with state and federal open records laws and that
10-29 authorizes the provision of the transcript.
10-30 Sec. 487.162. PROGRAM PROMOTION. The office shall provide
10-31 postsecondary educational institutions and communities in qualified
10-32 areas with information about health care careers and loan
10-33 opportunities, including information on eligibility and
10-34 availability of funds under this subchapter.
10-35 Sec. 487.163. ADOPTION OF RULES. (a) The executive
10-36 committee shall adopt reasonable rules to enforce the requirements,
10-37 conditions, and limitations of this subchapter.
10-38 (b) The executive committee shall set the rate of interest
10-39 charged on a forgivable loan under this subchapter.
10-40 (c) The executive committee shall adopt rules necessary to
10-41 ensure compliance with the federal Civil Rights Act of 1964 (42
10-42 U.S.C. Section 2000a et seq.) concerning nondiscrimination in
10-43 admissions.
10-44 (Sections 487.164-487.200 reserved for expansion
10-45 SUBCHAPTER F. MEDICALLY UNDERSERVED COMMUNITY-STATE
10-46 MATCHING INCENTIVE PROGRAM
10-47 Sec. 487.201. DEFINITIONS. In this subchapter:
10-48 (1) "Medically underserved community" means:
10-49 (A) a community located in an area in this state
10-50 with a medically underserved population;
10-51 (B) a community located in an area in this state
10-52 designated by the United States secretary of health and human
10-53 services as an area with a shortage of personal health services;
10-54 (C) a population group designated by the United
10-55 States secretary of health and human services as having a shortage
10-56 of personal health services;
10-57 (D) a community designated under state or
10-58 federal law as a medically underserved community; or
10-59 (E) a community that the office considers to be
10-60 medically underserved based on relevant demographic, geographic,
10-61 and environmental factors.
10-62 (2) "Physician" means a person licensed to practice
10-63 medicine in this state.
10-64 (3) "Primary care" means physician services in family
10-65 practice, general practice, internal medicine, pediatrics,
10-66 obstetrics, or gynecology.
10-67 (4) "Start-up money" means a payment made by a
10-68 medically underserved community for reasonable costs incurred by a
10-69 physician to establish a medical office and ancillary facilities
11-1 for diagnosing and treating patients.
11-2 Sec. 487.202. PROGRAM. (a) The executive committee shall
11-3 establish and administer a program under this subchapter to
11-4 increase the number of physicians providing primary care in
11-5 medically underserved communities.
11-6 (b) A medically underserved community may sponsor a
11-7 physician who has completed a primary care residency program and
11-8 has agreed to provide primary care in the community by contributing
11-9 start-up money for the physician and having that contribution
11-10 matched wholly or partly by state money appropriated to the
11-11 executive committee for that purpose.
11-12 (c) A participating medically underserved community may
11-13 provide start-up money to an eligible physician over a two-year
11-14 period.
11-15 (d) The executive committee may not pay more than $25,000 to
11-16 a community in a fiscal year unless the executive committee makes a
11-17 specific finding of need by the community.
11-18 (e) The executive committee shall establish priorities so
11-19 that the neediest communities eligible for assistance under this
11-20 subchapter are assured the receipt of a grant.
11-21 Sec. 487.203. ELIGIBILITY. To be eligible to receive money
11-22 from the executive committee, a medically underserved community
11-23 must:
11-24 (1) apply for the money; and
11-25 (2) provide evidence satisfactory to the executive
11-26 committee that it has entered into an agreement with a physician
11-27 for the physician to provide primary care in the community for at
11-28 least two years.
11-29 Sec. 487.204. RULES. The executive committee shall adopt
11-30 rules necessary for the administration of this subchapter,
11-31 including rules addressing:
11-32 (1) eligibility criteria for a medically underserved
11-33 community;
11-34 (2) eligibility criteria for a physician;
11-35 (3) minimum and maximum community contributions to the
11-36 start-up money for a physician to be matched with state money;
11-37 (4) conditions under which state money must be repaid
11-38 by a community or physician;
11-39 (5) procedures for disbursement of money by the
11-40 executive committee;
11-41 (6) the form and manner in which a community must make
11-42 its contribution to the start-up money; and
11-43 (7) the contents of an agreement to be entered into by
11-44 the parties, which must include at least:
11-45 (A) a credit check for an eligible physician;
11-46 and
11-47 (B) community retention of interest in any
11-48 property, equipment, or durable goods for seven years.
11-49 (Sections 487.205-487.250 reserved for expansion)
11-50 SUBCHAPTER G. TEXAS HEALTH SERVICE CORPS
11-51 PROGRAM FOR MEDICALLY UNDERSERVED AREAS
11-52 Sec. 487.251. DEFINITIONS. In this subchapter:
11-53 (1) "Medically underserved area" means an area
11-54 designated by the United States secretary of health and human
11-55 services as having:
11-56 (A) a shortage of personal health services or a
11-57 population group that has such a shortage as provided by 42 U.S.C.
11-58 Section 300e-1(7); or
11-59 (B) a health professional shortage as provided
11-60 by 42 U.S.C. Section 254e(a)(1).
11-61 (2) "Physician" means a resident physician who is
11-62 enrolled in an accredited residency training program in this state
11-63 in the specialty of:
11-64 (A) family practice;
11-65 (B) general internal medicine;
11-66 (C) general pediatric medicine; or
11-67 (D) general obstetrics and gynecology.
11-68 Sec. 487.252. TEXAS HEALTH SERVICE CORPS PROGRAM. (a) The
11-69 executive committee shall establish a program in the office to
12-1 assist communities in recruiting and retaining physicians to
12-2 practice in medically underserved areas.
12-3 (b) The executive committee by rule shall establish:
12-4 (1) eligibility criteria for applicants;
12-5 (2) stipend application procedures;
12-6 (3) guidelines relating to stipend amounts;
12-7 (4) procedures for evaluating stipend applications;
12-8 and
12-9 (5) a system of priorities relating to the:
12-10 (A) geographic areas covered;
12-11 (B) medical specialties eligible to receive
12-12 funding under the program; and
12-13 (C) level of stipend support.
12-14 Sec. 487.253. ADMINISTRATION. (a) The executive committee
12-15 shall adopt rules necessary to administer this subchapter, and the
12-16 office shall administer the program in accordance with those rules.
12-17 (b) The office may not spend for the office's administrative
12-18 costs in administering the program more than 10 percent of the
12-19 amount appropriated to implement this subchapter.
12-20 Sec. 487.254. REQUIRED CONTRACT. (a) The office may award a
12-21 stipend to a physician under this subchapter if the physician
12-22 enters into a written contract to provide services in a medically
12-23 underserved area for at least one year for each year that the
12-24 physician receives the stipend.
12-25 (b) The contract must provide that if the physician does not
12-26 provide the required services in the medically underserved area or
12-27 provides those services for less than the required term, the
12-28 physician is personally liable to the state for:
12-29 (1) the total amount of the stipend the physician
12-30 receives;
12-31 (2) interest on that total amount for the period
12-32 beginning on the date the physician signs the contract and ending
12-33 on the date the physician repays the amount of the stipend computed
12-34 at a rate equal to the sum of:
12-35 (A) the auction average rate quoted on a bank
12-36 discount basis for 26-week treasury bills issued by the United
12-37 States government, as published by the Federal Reserve Board, for
12-38 the week preceding the week in which the contract is signed; and
12-39 (B) five percent; and
12-40 (3) the state's reasonable expenses incurred in
12-41 obtaining payment, including reasonable attorney's fees.
12-42 Sec. 487.255. STIPENDS. (a) The office shall award stipends
12-43 to physicians for one-year periods. A stipend awarded under this
12-44 subchapter may not exceed $15,000 each year.
12-45 (b) The office may renew a stipend used to assist a
12-46 particular physician.
12-47 (c) A physician is not eligible for a stipend under this
12-48 subchapter for a period longer than is ordinarily and customarily
12-49 required for the completion of residency training for first board
12-50 eligibility.
12-51 (d) A physician who receives a stipend under this subchapter
12-52 is not eligible to receive assistance under a state educational
12-53 loan repayment program or other state incentive program.
12-54 Sec. 487.256. FUNDING. The office may seek, receive, and
12-55 spend money received through an appropriation, grant, donation, or
12-56 reimbursement from any public or private source to implement this
12-57 subchapter.
12-58 (Sections 487.257-487.300 reserved for expansion)
12-59 SUBCHAPTER H. RURAL HEALTH FACILITY CAPITAL IMPROVEMENT
12-60 Sec. 487.301. DEFINITIONS. In this subchapter:
12-61 (1) "Public hospital" means a general or special
12-62 hospital licensed under Chapter 241, Health and Safety Code, that
12-63 is owned or operated by a municipality, county, municipality and
12-64 county, hospital district, or hospital authority and that performs
12-65 inpatient or outpatient services.
12-66 (2) "Rural county" means:
12-67 (A) a county that has a population of 150,000 or
12-68 less; or
12-69 (B) with respect to a county that has a
13-1 population of more than 150,000 and that contains a geographic area
13-2 that is not delineated as urbanized by the federal census bureau,
13-3 that part of the county that is not delineated as urbanized.
13-4 Sec. 487.302. POWERS OF OFFICE. In administering this
13-5 subchapter, the office may:
13-6 (1) enter into and enforce contracts and execute and
13-7 deliver conveyances and other instruments necessary to make and
13-8 administer grants, loans, and loan guarantees under this
13-9 subchapter;
13-10 (2) employ personnel and counsel necessary to
13-11 implement this subchapter and pay them from money appropriated for
13-12 that purpose;
13-13 (3) impose and collect reasonable fees and charges in
13-14 connection with grants, loans, and loan guarantees made under this
13-15 subchapter and provide reasonable penalties for delinquent payment
13-16 of fees, charges, or loan repayments;
13-17 (4) take and enforce a mortgage or appropriate
13-18 security interest in real or personal property that a loan
13-19 recipient acquires with the proceeds of a loan made under this
13-20 subchapter; and
13-21 (5) adopt rules necessary to implement the grant,
13-22 loan, and loan guarantee program.
13-23 Sec. 487.303. GRANT, LOAN, AND LOAN GUARANTEE PROGRAM. (a)
13-24 The office may use money appropriated to the office under Section
13-25 403.1065 to make a grant or low-interest loan to, or guarantee a
13-26 loan for, a public or nonprofit hospital located in a rural county.
13-27 (b) A grant, loan, or loan guarantee recipient may use the
13-28 money only to make capital improvements to existing health
13-29 facilities located in a rural county, to construct new health
13-30 facilities in a rural county, or to purchase capital equipment,
13-31 including information systems hardware and software, for a health
13-32 facility located in a rural county.
13-33 Sec. 487.304. ELIGIBILITY FOR GRANT, LOAN, OR LOAN
13-34 GUARANTEE; INTEREST RATE. (a) The office shall adopt rules that
13-35 establish eligibility criteria for receiving a grant, loan, or loan
13-36 guarantee under this subchapter.
13-37 (b) The rules must state generally the factors the office
13-38 will consider in determining whether an applicant should receive a
13-39 grant, loan, or loan guarantee. The rules must consider at least
13-40 the financial need of the applicant, the health care needs of the
13-41 rural area served by the applicant, and the probability that the
13-42 applicant will effectively and efficiently use the money obtained
13-43 through the grant, loan, or loan guarantee to meet the health care
13-44 needs of the rural area served by the applicant.
13-45 (c) The rules must state generally the factors the office
13-46 will consider in determining the extent to which the interest rate
13-47 on a loan should be below market rates.
13-48 SECTION 2. Sections 2306.098, 2306.099, and 2306.100,
13-49 Government Code, are transferred to Chapter 487, Government Code,
13-50 redesignated as Subchapter I, Chapter 487, Government Code, and
13-51 amended to read as follows:
13-52 SUBCHAPTER I. COMMUNITY DEVELOPMENT BLOCK
13-53 GRANT NONENTITLEMENT PROGRAM
13-54 Sec. 487.351 [2306.098]. ADMINISTRATION OF COMMUNITY
13-55 DEVELOPMENT BLOCK GRANT PROGRAM; ALLOCATION OF FUNDS. (a) The
13-56 office [department] shall, under the Omnibus Budget Reconciliation
13-57 Act of 1981 (Pub.L. No. 97-35) and 24 CFR, Part 570, Subpart I,
13-58 administer the state's allocation of federal funds provided under
13-59 the community development block grant nonentitlement program
13-60 authorized by Title I of the Housing and Community Development Act
13-61 of 1974 (42 U.S.C. Section 5301 et seq.).
13-62 (b) Community development block grant program funds shall be
13-63 allocated to eligible counties and municipalities under office
13-64 [department] rules.
13-65 Sec. 487.352 [2306.099]. TRANSFER OF FEDERAL FUNDS. (a) The
13-66 office [department] may enter into an interagency agreement with
13-67 the Department of Agriculture [Texas Department of Commerce] to
13-68 reimburse the Department of Agriculture [Texas Department of
13-69 Commerce] for providing on behalf of the office [department]
14-1 marketing, underwriting, and any other services on the portion of
14-2 the federal community development block grant funds allocated by
14-3 the office [department] for economic development activities.
14-4 (b) The office [department] shall allocate not more than 20
14-5 percent of the federal funds received by the office [department] to
14-6 the Department of Agriculture [Texas Department of Commerce] to be
14-7 used for economic development activities.
14-8 (c) The office shall allocate not more than five percent of
14-9 the funds allocated to the Department of Agriculture under
14-10 Subsection (b) to be used for county economic and management
14-11 development.
14-12 (d) The office shall monitor the activities undertaken by
14-13 the Department of Agriculture [Texas Department of Commerce] under
14-14 this section [must be monitored by the department].
14-15 Sec. 487.353 [2306.100]. STATE COMMUNITY DEVELOPMENT REVIEW
14-16 COMMITTEE. (a) The state community development review committee is
14-17 composed of 12 members appointed by the governor.
14-18 (b) A committee member must be:
14-19 (1) a member of the governing body of a county or
14-20 municipality eligible for funding under the community development
14-21 block grant program; or
14-22 (2) a county or municipal employee who is a supervisor
14-23 and whose regular duties include involvement in community
14-24 development activities.
14-25 (c) The ratio of county officials serving as committee
14-26 members to all committee members may not exceed the ratio of all
14-27 counties eligible for funding under the community development block
14-28 grant program to all eligible applicants.
14-29 (d) The governor shall designate the presiding officer of
14-30 the committee, who serves at the governor's pleasure.
14-31 (e) Committee members serve two-year terms expiring February
14-32 1 of each odd-numbered year.
14-33 (f) A committee member serves without compensation for
14-34 service on the committee, but is entitled to reimbursement for
14-35 reasonable and necessary expenses incurred in performing the
14-36 member's duties.
14-37 (g) Service on the committee by an officer or employee of a
14-38 county or municipality is an additional duty of the individual's
14-39 office or employment and is not dual office holding.
14-40 (h) The committee shall meet at least twice annually at the
14-41 executive director's call.
14-42 (i) The committee shall:
14-43 (1) consult with and advise the executive director on
14-44 the administration and enforcement of the community development
14-45 block grant program; and
14-46 (2) review funding applications of eligible counties
14-47 and municipalities and advise and assist the executive director
14-48 regarding the allocation of program funds to those applicants.
14-49 (j) The committee may annually recommend to the executive
14-50 director a formula for allocating funds to each geographic state
14-51 planning region established by the governor under Chapter 391,
14-52 Local Government Code. The formula must give preference to regions
14-53 according to the regions' needs.
14-54 SECTION 3. Section 38.011(j), Education Code, as added by
14-55 Chapter 1418, Acts of the 76th Legislature, Regular Session, 1999,
14-56 is amended to read as follows:
14-57 (j) The requirements prescribed by Subsection (i) apply only
14-58 to a school-based health center serving an area that:
14-59 (1) is located in a county with a population not
14-60 greater than 50,000; or
14-61 (2) has been designated under state or federal law as:
14-62 (A) a health professional shortage area;
14-63 (B) a medically underserved area; or
14-64 (C) a medically underserved community by the
14-65 Office of Rural Community Affairs [Center for Rural Health
14-66 Initiatives].
14-67 SECTION 4. Section 51.918(a), Education Code, is amended to
14-68 read as follows:
14-69 (a) The Texas Higher Education Coordinating Board, the
15-1 Office of Rural Community Affairs [Center for Rural Health
15-2 Initiatives in the Texas Department of Health], medical schools,
15-3 nursing schools, and schools of allied health sciences shall
15-4 cooperate to improve and expand programs for rural areas.
15-5 SECTION 5. Section 51.918(c), Education Code, as amended by
15-6 Chapters 349 and 965, Acts of the 74th Legislature, Regular
15-7 Session, 1995, is reenacted and amended to read as follows:
15-8 (c) The Office of Rural Community Affairs [Center for Rural
15-9 Health Initiatives] shall develop relief service programs for rural
15-10 physicians and allied health personnel to facilitate ready access
15-11 to continuing medical education as well as to provide [or] practice
15-12 coverage for purposes other than continuing medical education.
15-13 SECTION 6. Section 58.007(b)(1), Education Code, is amended
15-14 to read as follows:
15-15 (1) The Primary Care Residency Advisory Committee is
15-16 created and shall consist of 12 members as follows:
15-17 (A) seven members shall be licensed physicians,
15-18 one appointed by each of the following:
15-19 (i) the Texas Medical Association;
15-20 (ii) the Texas Osteopathic Medical
15-21 Association;
15-22 (iii) the Texas Academy of Family
15-23 Physicians;
15-24 (iv) the Texas Society of the American
15-25 College of Osteopathic Family Physicians;
15-26 (v) the Texas Society of Internal
15-27 Medicine;
15-28 (vi) the Texas Pediatric Society; and
15-29 (vii) the Texas Association of
15-30 Obstetricians and Gynecologists;
15-31 (B) one member shall be appointed by the Office
15-32 of Rural Community Affairs [Center for Rural Health Initiatives];
15-33 (C) one member shall be appointed by the Bureau
15-34 of Community Oriented Primary Care at the Texas Department of
15-35 Health; and
15-36 (D) three members shall be members of the
15-37 public, one appointed by each of the following:
15-38 (i) the governor;
15-39 (ii) the lieutenant governor; and
15-40 (iii) the speaker of the house of
15-41 representatives.
15-42 SECTION 7. Section 403.1065(c), Government Code, is amended
15-43 to read as follows:
15-44 (c) The available earnings of the fund may be appropriated
15-45 to the Office of Rural Community Affairs [Center for Rural Health
15-46 Initiatives] for the purposes of Subchapter H [G], Chapter 487
15-47 [106, Health and Safety Code].
15-48 SECTION 8. Section 86.011, Health and Safety Code, is amended
15-49 to read as follows:
15-50 Sec. 86.011. BREAST CANCER SCREENING. (a) The Office of
15-51 Rural Community Affairs [Center for Rural Health Initiatives] may
15-52 provide for breast cancer screening in counties with a population
15-53 of 50,000 or less.
15-54 (b) The Office of Rural Community Affairs [Center for Rural
15-55 Health Initiatives] may provide the breast cancer screening through
15-56 contracts with public or private entities to provide mobile units
15-57 and on-site screening services.
15-58 (c) The Office of Rural Community Affairs [Center for Rural
15-59 Health Initiatives] shall coordinate the breast cancer screening
15-60 with programs administered by the Texas Cancer Council.
15-61 SECTION 9. Sections 204.104(b) and (c), Occupations Code, are
15-62 amended to read as follows:
15-63 (b) The Office of Rural Community Affairs [Center for Rural
15-64 Health Initiatives] shall establish policies for and adopt rules to
15-65 administer the loan program.
15-66 (c) The physician assistant board shall authorize and the
15-67 medical board shall transfer annually the funds designated under
15-68 Subsection (a) to the Office of Rural Community Affairs [Center for
15-69 Rural Health Initiatives] to administer the loan program.
16-1 SECTION 10. Chapter 106, Health and Safety Code, is repealed.
16-2 SECTION 11. (a) Not later than November 1, 2001, the
16-3 governor, the lieutenant governor, and the speaker of the house of
16-4 representatives shall appoint the initial members of the executive
16-5 committee of the Office of Rural Community Affairs in accordance
16-6 with Chapter 487, Government Code, as added by this Act. Each
16-7 appointing authority shall appoint one member for a term expiring
16-8 February 1, 2003, one member for a term expiring February 1, 2005,
16-9 and one member for a term expiring February 1, 2007. The executive
16-10 committee may not take action until a majority of the members have
16-11 taken office.
16-12 (b) The Office of Rural Community Affairs shall employ an
16-13 executive director in accordance with Chapter 487, Government Code,
16-14 as added by this Act, not later than December 1, 2001.
16-15 (c) Not later than the 60th day after the date of the first
16-16 meeting of the executive committee of the Office of Rural Community
16-17 Affairs, the executive committee shall select a presiding officer.
16-18 SECTION 12. (a) On the date by which a majority of the
16-19 members of the executive committee of the Office of Rural Community
16-20 Affairs have taken office, the Center for Rural Health Initiatives
16-21 is abolished and all powers, duties, obligations, rights,
16-22 contracts, leases, records, property, and unspent and unobligated
16-23 appropriations and other funds of the Center for Rural Health
16-24 Initiatives are transferred to the Office of Rural Community
16-25 Affairs.
16-26 (b) The abolishment of the Center for Rural Health
16-27 Initiatives does not affect the validity of a right, privilege, or
16-28 obligation accrued, a contract or acquisition made, any liability
16-29 incurred, a permit or license issued, any penalty, forfeiture, or
16-30 punishment assessed, a rule adopted, a proceeding, investigation,
16-31 or remedy begun, a decision made, or other action taken by or in
16-32 connection with the Center for Rural Health Initiatives.
16-33 (c) All rules, policies, procedures, and decisions of the
16-34 Center for Rural Health Initiatives are continued in effect as
16-35 rules, policies, procedures, and decisions of the Office of Rural
16-36 Community Affairs until superseded by a rule or other appropriate
16-37 action of the Office of Rural Community Affairs.
16-38 (d) Any action or proceeding before the Center for Rural
16-39 Health Initiatives is transferred without change in status to the
16-40 Office of Rural Community Affairs, and the Office of Rural
16-41 Community Affairs assumes, without a change in status, the position
16-42 of the Center for Rural Health Initiatives in any action or
16-43 proceeding to which the Center for Rural Health Initiatives is a
16-44 party.
16-45 (e) The Office of Rural Community Affairs is authorized to
16-46 employ the same number of full-time equivalent employees as the
16-47 Center for Rural Health Initiatives.
16-48 (f) A fund or account administered by the Center for Rural
16-49 Health Initiatives is not considered to be abolished and re-created
16-50 by this Act but is considered to be transferred to the Office of
16-51 Rural Community Affairs.
16-52 (g) Notwithstanding the changes in law made by this Act,
16-53 until the date the Center for Rural Health Initiatives is abolished
16-54 as provided by this Act, the Center for Rural Health Initiatives
16-55 shall continue to exercise the powers and duties assigned to the
16-56 Center for Rural Health Initiatives under the law as it existed
16-57 immediately before the effective date of this Act or as modified by
16-58 another Act of the 77th Legislature, Regular Session, 2001, that
16-59 becomes law, and the former law is continued in effect for that
16-60 purpose.
16-61 SECTION 13. (a) On the date by which a majority of the
16-62 members of the executive committee of the Office of Rural Community
16-63 Affairs have taken office, all powers, duties, obligations, rights,
16-64 contracts, leases, records, personnel, property, and unspent and
16-65 unobligated appropriations and other funds of the Texas Department
16-66 of Housing and Community Affairs related to the federal community
16-67 development block grant nonentitlement program and to the community
16-68 affairs and community development program that provides
16-69 information, advice, and training to officials of communities of
17-1 less than 10,000 people, including appropriations relating to the
17-2 indirect costs and general administrative support of those
17-3 programs, are transferred to the Office of Rural Community Affairs.
17-4 (b) The transfer of the federal community development block
17-5 grant nonentitlement program to the Office of Rural Community
17-6 Affairs does not affect the validity of a right, privilege, or
17-7 obligation accrued, a contract or acquisition made, any liability
17-8 incurred, a permit or license issued, any penalty, forfeiture, or
17-9 punishment assessed, a rule adopted, a proceeding, investigation,
17-10 or remedy begun, a decision made, or other action taken by or in
17-11 connection with the program by the Texas Department of Housing and
17-12 Community Affairs.
17-13 (c) All rules, policies, procedures, and decisions of the
17-14 Texas Department of Housing and Community Affairs related to the
17-15 federal community development block grant nonentitlement program
17-16 are continued in effect as rules, policies, procedures, and
17-17 decisions of the Office of Rural Community Affairs until superseded
17-18 by a rule or other appropriate action of the Office of Rural
17-19 Community Affairs.
17-20 (d) Any action or proceeding before the Texas Department of
17-21 Housing and Community Affairs related to the federal community
17-22 development block grant nonentitlement program is transferred
17-23 without change in status to the Office of Rural Community Affairs,
17-24 and the Office of Rural Community Affairs assumes, without a change
17-25 in status, the position of the Texas Department of Housing and
17-26 Community Affairs in any action or proceeding related to the
17-27 program to which the Texas Department of Housing and Community
17-28 Affairs is a party.
17-29 (e) A reference to the Texas Department of Economic
17-30 Development in a rule of the Texas Department of Housing and
17-31 Community Affairs relating to the administration of the Texas
17-32 Capital Fund means the Department of Agriculture.
17-33 (f) A fund or account administered by the Texas Department
17-34 of Economic Development relating to the federal community
17-35 development block grant nonentitlement program is not considered to
17-36 be abolished and re-created by this Act but is considered to be
17-37 transferred to the Office of Rural Community Affairs.
17-38 (g) Notwithstanding the changes in law made by this Act,
17-39 until the date the federal community development block grant
17-40 nonentitlement program is transferred to the Office of Rural
17-41 Community Affairs as provided by this Act, the Texas Department of
17-42 Housing and Community Affairs and the Texas Department of Economic
17-43 Development shall continue to exercise the powers and duties
17-44 assigned to the Texas Department of Housing and Community Affairs
17-45 and the Texas Department of Economic Development, respectively,
17-46 under the law as it existed immediately before the effective date
17-47 of this Act or as modified by another Act of the 77th Legislature,
17-48 Regular Session, 2001, that becomes law, and the former law is
17-49 continued in effect for that purpose.
17-50 SECTION 14. Not later than September 1, 2002, the Office of
17-51 Rural Community Affairs shall evaluate the cost-effectiveness and
17-52 other benefits of moving at least one-half of its operations to a
17-53 location outside Travis County, Texas. If the evaluation indicates
17-54 that the move would be beneficial and the Legislative Budget Office
17-55 concurs, the office shall undertake the move.
17-56 SECTION 15. The executive director of the Office of Rural
17-57 Community Affairs may change the duties of any employee who is
17-58 transferred to the Office of Rural Community Affairs.
17-59 SECTION 16. The Legislative Budget Board shall resolve any
17-60 disputes about which obligations, rights, contracts, leases,
17-61 records, personnel, property, and unspent and unobligated
17-62 appropriations or other funds are entitled to be transferred to the
17-63 Office of Rural Community Affairs.
17-64 SECTION 17. Not later than December 1, 2002, the Office of
17-65 Rural Community Affairs shall:
17-66 (1) evaluate the rural health programs under its
17-67 jurisdiction and propose changes, including statutory changes, to
17-68 combine, streamline, or coordinate the programs to improve their
17-69 flexibility and efficiency; and
18-1 (2) report to the presiding officer of each house of
18-2 the legislature any proposed statutory changes.
18-3 SECTION 18. (a) Except as provided by Subsection (b), this
18-4 Act takes effect September 1, 2001.
18-5 (b) Section 487.023, Government Code, as added by this Act,
18-6 takes effect September 1, 2002.
18-7 * * * * *