By Chavez, Jones of Lubbock, Moreno of                H.B. No. 2510
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the establishment of diabetes research and screening
 1-3     programs at certain institutions of higher education.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 110, Education Code, is amended by adding
 1-6     Section 110.15 to read as follows:
 1-7           Sec. 110.15.  TEXAS TECH DIABETES RESEARCH CENTER. (a)  In
 1-8     this section:
 1-9                 (1)  "Board" means the board of regents of the Texas
1-10     Tech University System.
1-11                 (2)  "Center" means the Texas Tech Diabetes Research
1-12     Center.
1-13           (b)  The board shall establish the Texas Tech Diabetes
1-14     Research Center for purposes of researching issues related to:
1-15                 (1)  diabetes; and
1-16                 (2)  conditions associated with that disease, including
1-17     acanthosis nigricans, as defined by Section 95.001, Health and
1-18     Safety Code.
1-19           (c)  The organization, control, and management of the center
1-20     are vested in the board.
1-21           (d)  The board shall approve the employment of personnel by
1-22     and the operating budget of the center.  An employee of the center
1-23     is an employee of the Texas Tech University System.
1-24           (e)  The board shall select a site for the center at the
1-25     regional academic health center of the Texas Tech University Health
1-26     Sciences Center located in El Paso.
 2-1           (f)  The center may enter into an agreement or may cooperate
 2-2     with a public or private entity to perform the research functions
 2-3     of the center.
 2-4           (g)  The board may solicit, accept, and administer gifts and
 2-5     grants from any public or private source for the use and benefit of
 2-6     the center.
 2-7           (h)  In conducting its activities under this section, the
 2-8     center shall consult with the Texas-Mexico Border Health
 2-9     Coordination Office of The University of Texas-Pan American that
2-10     administers an acanthosis nigricans screening program under Chapter
2-11     95, Health and Safety Code.
2-12           SECTION 2.  (a)   Subtitle D, Title 2, Health and Safety
2-13     Code, is amended by adding Chapter 95 to read as follows:
2-14                 CHAPTER 95.  ACANTHOSIS NIGRICANS SCREENING
2-15           Sec. 95.001.  DEFINITIONS.  In this chapter:
2-16                 (1)  "Acanthosis nigricans" means a light brown or
2-17     black velvety, rough, or thickened area on the surface of the skin
2-18     that may signal high insulin levels indicative of insulin
2-19     resistance.
2-20                 (2)  "Executive council" means the executive council
2-21     advising the Texas-Mexico Border Health Coordination Office of The
2-22     University of Texas-Pan American.
2-23                 (3)  "Office" means the Texas-Mexico Border Health
2-24     Coordination Office of The University of Texas-Pan American.
2-25                 (4)  "Professional examination" means an evaluation
2-26     performed by an appropriately licensed professional.
2-27                 (5)  "School" means an educational institution that
 3-1     admits children who are five years of age or older but younger than
 3-2     21 years of age.
 3-3                 (6)  "Screening test" means a rapid analytical
 3-4     procedure used to recommend appropriate measures or to determine
 3-5     the need for further evaluation.  The term does not include the
 3-6     removal or partial removal of clothing.
 3-7           Sec. 95.002.  ACANTHOSIS NIGRICANS EDUCATION AND SCREENING
 3-8     PROJECT. (a)  The office shall administer an acanthosis nigricans
 3-9     screening program in accordance with this chapter.
3-10           (b)  The executive council by rule shall coordinate screening
3-11     of individuals who attend public or private schools located in
3-12     Texas Education Agency Regional Education Service Centers 1, 2, 3,
3-13     13, 15, 18, 19, and 20.
3-14           (c)  The rules must include procedures necessary to
3-15     administer screening activities.
3-16           (d)  The office shall require acanthosis nigricans screening
3-17     to be performed at the same time hearing and vision screening is
3-18     performed under Chapter 36 or spinal screening is performed under
3-19     Chapter 37.
3-20           (e)  The office may coordinate the acanthosis nigricans
3-21     screening activities of school districts, private schools, state
3-22     agencies, volunteer organizations, and other entities so that the
3-23     efforts of each entity are complementary and not fragmented and
3-24     duplicative.  The office may provide technical assistance to those
3-25     entities in developing screening programs and may provide
3-26     educational and other material to assist local screening
3-27     activities.
 4-1           (f)  The office shall monitor the quality of screening
 4-2     activities provided under this chapter.
 4-3           Sec. 95.003.  COMPLIANCE WITH SCREENING REQUIREMENTS.  (a)
 4-4     Each individual required by rules adopted under this chapter to be
 4-5     screened shall undergo approved screening for acanthosis nigricans.
 4-6     The individual shall comply with the requirements as soon as
 4-7     possible after the individual's admission to a school and as
 4-8     required by rule.  The individual or, if the individual is a minor,
 4-9     the minor's parent, managing conservator, or guardian may
4-10     substitute a professional examination for the screening.
4-11           (b)  An individual is exempt from screening if screening
4-12     conflicts with the tenets and practices of a recognized church or
4-13     religious denomination of which the individual is an adherent or a
4-14     member.  To qualify for the exemption, the individual or, if the
4-15     individual is a minor, the individual's parent, managing
4-16     conservator, or guardian must submit to the chief administrator of
4-17     the school on or before the day of the screening procedure an
4-18     affidavit stating the objections to the screening.
4-19           (c)  The chief administrator of each school shall ensure that
4-20     each individual admitted to the school complies with the screening
4-21     requirements set by the executive council or submits an affidavit
4-22     of exemption.
4-23           Sec. 95.004.  RECORDS; REPORTS.  (a)  The chief administrator
4-24     of each school shall maintain, on a form prescribed by the
4-25     executive council, screening records for each individual in
4-26     attendance, and the records are open for inspection by the office
4-27     or the local health department.
 5-1           (b)  The office may, directly or through local health
 5-2     departments, enter a school and inspect records maintained by the
 5-3     school relating to screening for acanthosis nigricans.
 5-4           (c)  An individual's screening records may be transferred
 5-5     among schools without the consent of the individual or, if the
 5-6     individual is a minor, the minor's parent, managing conservator, or
 5-7     guardian.
 5-8           (d)  The person performing the screening shall send a report
 5-9     indicating that an individual may have acanthosis nigricans to the
5-10     individual or, if the individual is a minor, the minor's parent,
5-11     managing conservator, or guardian.  The report must include:
5-12                 (1)  an explanation of acanthosis nigricans and related
5-13     conditions;
5-14                 (2)  a statement concerning an individual's or family's
5-15     need for further evaluation of conditions related to acanthosis
5-16     nigricans; and
5-17                 (3)  instructions to help the individual or family
5-18     receive evaluation and intervention by the school district.
5-19           (e)  Each school shall submit to the office an annual report
5-20     on the screening status of the individuals in attendance during the
5-21     reporting year and shall include in the report any other
5-22     information required by the office.  The report must be on a form
5-23     prescribed by the executive council and must be submitted according
5-24     to the executive council's rules.
5-25           (f)  Not later than January 15 of each odd-numbered year, the
5-26     office shall submit to the governor and the legislature a report
5-27     concerning the effectiveness of the acanthosis nigricans screening
 6-1     program established by this chapter.
 6-2           (b)  This section takes effect only if a specific
 6-3     appropriation for the implementation of this Act is provided in
 6-4     S.B. No. 1 (General Appropriations Act), Acts of the 77th
 6-5     Legislature, Regular Session, 2001.  If no specific appropriation
 6-6     is provided in S.B. No. 1, the General Appropriations Act, this
 6-7     section has no effect.
 6-8           SECTION 3.  The board of regents of the Texas Tech University
 6-9     System shall establish the Texas Tech Diabetes Research Center as
6-10     provided by Section 110.15, Education Code, as added by this Act,
6-11     not later than January 1, 2003.
6-12           SECTION 4.  This Act takes effect immediately if it receives
6-13     a vote of two-thirds of all the members elected to each house, as
6-14     provided by Section 39, Article III, Texas Constitution.  If this
6-15     Act does not receive the vote necessary for immediate effect, this
6-16     Act takes effect September 1, 2001.