By Coleman                                            H.B. No. 1349
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the mission, responsibilities, and duties of the Texas
 1-3     Department of Health to eliminate health and health access
 1-4     disparities in Texas.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Amend Health and Safety Code, Sections 11.002,
 1-7     11.004 and 11.0045 to read as follows:
 1-8           Sec. 11.002.  PURPOSE OF BOARD AND DEPARTMENT. The Texas
 1-9     Board of Health and the Texas Department of Health are established
1-10     to better protect and promote the health of the people of this
1-11     state as well as to eliminate health and health access disparities.
1-12           Sec. 11.004.  COMPOSITION AND RESPONSIBILITY OF DEPARTMENT.
1-13     (a)  The department is composed of the board, the commissioner and
1-14     administrative staff, the Texas Center for Infectious Disease, the
1-15     South Texas Hospital, and other officers and employees necessary to
1-16     perform efficiently its powers and duties.
1-17           (b)  The department is the state agency with primary
1-18     responsibility for providing health services, including:
1-19                 (1)  disease prevention;
1-20                 (2)  health promotion;
1-21                 (3)  indigent health care;
1-22                 (4)  certain acute care services;
 2-1                 (5)  health care facility regulation, excluding
 2-2     long-term care facilities;
 2-3                 (6)  licensing of certain health professions; [and]
 2-4                 (7)  other health-related services as provided by
 2-5     law[.]; and
 2-6                 (8)  eliminating health and health access disparities.
 2-7           Sec. 11.0045.  COMPREHENSIVE STRATEGIC AND OPERATIONAL PLAN.
 2-8     (a)  The board shall develop, publish, and to the extent allowed by
 2-9     law implement a comprehensive strategic and operational plan.
2-10           (b)  The board shall publish the plan not later than
2-11     September 1 of each even-numbered year.  The board shall at a
2-12     minimum:
2-13                 (1)  make the plan available on its generally
2-14     accessible Internet site;
2-15                 (2)  make printed copies of the plan available on
2-16     request to members of the public; and
2-17                 (3)  send printed copies of the plan to the governor,
2-18     the lieutenant governor, the speaker of the house of
2-19     representatives, the Legislative Budget Board, and the committees
2-20     of the senate and the house of representatives that have oversight
2-21     responsibilities regarding the board and the department.
2-22           (c)  The plan at a minimum must include:
2-23                 (1)  a statement of the aim and purpose of each of the
2-24     department's missions, including:
2-25                       (A)  the prevention of disease;
2-26                       (B)  the promotion of health;
 3-1                       (C)  the indigent health care;
 3-2                       (D)  the protection of parents' fundamental right
 3-3     to direct the health care and general upbringing of their children;
 3-4                       (E)  acute care services for which the department
 3-5     is responsible;
 3-6                       (F)  health care facility regulation for which
 3-7     the department is responsible;
 3-8                       (G)  the licensing of health professions for
 3-9     which the department is responsible; [and]
3-10                       (H)  all other health-related services for which
3-11     the department is responsible under law[.]; and
3-12                       (I)  the elimination of health and health access
3-13     disparities.
3-14                 (2)  an analysis regarding how each of the department's
3-15     missions relate to other department missions;
3-16                 (3)  a detailed analysis of how to integrate or
3-17     continue to integrate department programs with other departmental
3-18     programs, including the integration of information gathering and
3-19     information management within and across programs, for the purpose
3-20     of minimizing duplication of effort, increasing administrative
3-21     efficiency, simplifying access to department programs, and more
3-22     efficiently meeting the health needs of this state;
3-23                 (4)  a detailed proposal to integrate or continue to
3-24     integrate department programs with other department programs during
3-25     the two-year period covered by the plan, to the extent allowed by
3-26     law and in accordance with the department's analysis;
 4-1                 (5)  a determination regarding whether it is necessary
 4-2     to collect each type of information that the department collects,
 4-3     and for each type of information that it is necessary for the
 4-4     department to collect, whether the department is efficiently and
 4-5     effectively collecting, analyzing, and disseminating the
 4-6     information and protecting the privacy of individuals;
 4-7                 (6)  an assessment of services provided by the
 4-8     department that evaluates the need for the department to provide
 4-9     those services in the future;
4-10                 (7)  a method for soliciting the advice and opinions of
4-11     local health departments, hospital districts, and other public
4-12     health entities, of recipients and providers of services that are
4-13     related to the department's missions, and of advocates for
4-14     recipients or providers for the purpose of identifying and
4-15     assessing:
4-16                       (A)  the health-related needs of the state;
4-17                       (B)  ways in which the department's programs and
4-18     information services can be better integrated and coordinated; and
4-19                       (C)  factors that the department should consider
4-20     before adopting rules that affect recipients or providers of
4-21     services that are related to the department's missions;
4-22                 (8)  a comprehensive inventory of health-related
4-23     information resources that meet department criteria for usefulness
4-24     and applicability to local health departments, to recipients or
4-25     providers of services that are related to the department's
4-26     missions, and to nonprofit entities, private businesses, and
 5-1     community groups with missions that are related to health;
 5-2                 (9)  a statement regarding the ways in which the
 5-3     department will coordinate or attempt to coordinate with federal,
 5-4     state, local, and private programs that provide services similar to
 5-5     the services provided by the department;
 5-6                 (10)  a list of other plans that the department is
 5-7     required to prepare under state law and a recommendation regarding
 5-8     which plans are obsolete or duplicate other required department
 5-9     plans; [and]
5-10                 (11)  an assessment of the extent to which previous
5-11     plans prepared by the department under this section have
5-12     effectively helped the department to identify and achieve its
5-13     objectives, to improve its operations, or to guide persons who need
5-14     to identify department services, identify department requirements,
5-15     or communicate effectively with department personnel[.]; and
5-16                 (12)  a statement regarding the ways the department
5-17     intends to reorient existing programs towards eliminating health
5-18     and health access disparities.
5-19           SECTION 2.  Amend Health and Safety Code, Sec. 12.081, to
5-20     read as follows:
5-21           Sec. 12.081.  OFFICE OF MINORITY HEALTH. The department shall
5-22     establish and maintain an office of minority health in the
5-23     department to:
5-24                 (1)  assume a leadership role in working on contracting
5-25     with state and federal agencies, universities, private interest
5-26     groups, communities, foundations, and offices of minority health to
 6-1     develop minority health initiatives, including bilingual
 6-2     communications; [and]
 6-3                 (2)  develop strategies to reorient existing programs
 6-4     towards eliminating health and health access disparities; and
 6-5                 [(2)] (3)  maximize use of existing resources without
 6-6     duplicating existing efforts.
 6-7           SECTION 3.  This legislation takes effect immediately if it
 6-8     receives a vote of two-thirds of all members elected to each house,
 6-9     as provided by Section 29, Article III, Texas Constitution.  If
6-10     this Act does not receive the vote necessary for immediate effect,
6-11     this Act takes effect September 1, 2001.