1-1     By:  Chavez, et al. (Senate Sponsor - Duncan)         H.B. No. 2510
 1-2           (In the Senate - Received from the House May 4, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on
 1-4     Education; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the establishment of diabetes research and screening
 1-9     programs at certain institutions of higher education.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 110, Education Code, is amended by adding
1-12     Section 110.15 to read as follows:
1-13           Sec. 110.15.  TEXAS TECH DIABETES RESEARCH CENTER. (a)  In
1-14     this section:
1-15                 (1)  "Board" means the board of regents of the Texas
1-16     Tech University System.
1-17                 (2)  "Center" means the Texas Tech Diabetes Research
1-18     Center.
1-19           (b)  The board shall establish the Texas Tech Diabetes
1-20     Research Center for purposes of researching issues related to:
1-21                 (1)  diabetes; and
1-22                 (2)  conditions associated with that disease, including
1-23     acanthosis nigricans, as defined by Section 95.001, Health and
1-24     Safety Code.
1-25           (c)  The organization, control, and management of the center
1-26     are vested in the board.
1-27           (d)  The board shall approve the employment of personnel by
1-28     and the operating budget of the center.  An employee of the center
1-29     is an employee of the Texas Tech University System.
1-30           (e)  The board shall select a site for the center at the
1-31     regional academic health center of the Texas Tech University Health
1-32     Sciences Center located in El Paso.
1-33           (f)  The center may enter into an agreement or may cooperate
1-34     with a public or private entity to perform the research functions
1-35     of the center.
1-36           (g)  The board may solicit, accept, and administer gifts and
1-37     grants from any public or private source for the use and benefit of
1-38     the center.
1-39           (h)  In conducting its activities under this section, the
1-40     center shall consult with the Texas-Mexico Border Health
1-41     Coordination Office of The University of Texas-Pan American that
1-42     administers an acanthosis nigricans screening program under Chapter
1-43     95, Health and Safety Code.
1-44           SECTION 2.  (a)   Subtitle D, Title 2, Health and Safety
1-45     Code, is amended by adding Chapter 95 to read as follows:
1-46                 CHAPTER 95.  ACANTHOSIS NIGRICANS SCREENING
1-47           Sec. 95.001.  DEFINITIONS.  In this chapter:
1-48                 (1)  "Acanthosis nigricans" means a light brown or
1-49     black velvety, rough, or thickened area on the surface of the skin
1-50     that may signal high insulin levels indicative of insulin
1-51     resistance.
1-52                 (2)  "Executive council" means the executive council
1-53     advising the Texas-Mexico Border Health Coordination Office of The
1-54     University of Texas-Pan American.
1-55                 (3)  "Office" means the Texas-Mexico Border Health
1-56     Coordination Office of The University of Texas-Pan American.
1-57                 (4)  "Professional examination" means an evaluation
1-58     performed by an appropriately licensed professional.
1-59                 (5)  "School" means an educational institution that
1-60     admits children who are five years of age or older but younger than
1-61     21 years of age.
1-62                 (6)  "Screening test" means a rapid analytical
1-63     procedure used to recommend appropriate measures or to determine
1-64     the need for further evaluation.  The term does not include the
 2-1     removal or partial removal of clothing.
 2-2           Sec. 95.002.  ACANTHOSIS NIGRICANS EDUCATION AND SCREENING
 2-3     PROJECT. (a)  The office shall administer an acanthosis nigricans
 2-4     screening program in accordance with this chapter.
 2-5           (b)  The executive council by rule shall coordinate screening
 2-6     of individuals who attend public or private schools located in
 2-7     Texas Education Agency Regional Education Service Centers 1, 2, 3,
 2-8     13, 15, 18, 19, and 20.
 2-9           (c)  The rules must include procedures necessary to
2-10     administer screening activities.
2-11           (d)  The office shall require acanthosis nigricans screening
2-12     to be performed at the same time hearing and vision screening is
2-13     performed under Chapter 36 or spinal screening is performed under
2-14     Chapter 37.
2-15           (e)  The office may coordinate the acanthosis nigricans
2-16     screening activities of school districts, private schools, state
2-17     agencies, volunteer organizations, and other entities so that the
2-18     efforts of each entity are complementary and not fragmented and
2-19     duplicative.  The office may provide technical assistance to those
2-20     entities in developing screening programs and may provide
2-21     educational and other material to assist local screening
2-22     activities.
2-23           (f)  The office shall monitor the quality of screening
2-24     activities provided under this chapter.
2-25           Sec. 95.003.  COMPLIANCE WITH SCREENING REQUIREMENTS.  (a)
2-26     Each individual required by rules adopted under this chapter to be
2-27     screened shall undergo approved screening for acanthosis nigricans.
2-28     The individual shall comply with the requirements as soon as
2-29     possible after the individual's admission to a school and as
2-30     required by rule.  The individual or, if the individual is a minor,
2-31     the minor's parent, managing conservator, or guardian may
2-32     substitute a professional examination for the screening.
2-33           (b)  An individual is exempt from screening if screening
2-34     conflicts with the tenets and practices of a recognized church or
2-35     religious denomination of which the individual is an adherent or a
2-36     member.  To qualify for the exemption, the individual or, if the
2-37     individual is a minor, the individual's parent, managing
2-38     conservator, or guardian must submit to the chief administrator of
2-39     the school on or before the day of the screening procedure an
2-40     affidavit stating the objections to the screening.
2-41           (c)  The chief administrator of each school shall ensure that
2-42     each individual admitted to the school complies with the screening
2-43     requirements set by the executive council or submits an affidavit
2-44     of exemption.
2-45           Sec. 95.004.  RECORDS; REPORTS.  (a)  The chief administrator
2-46     of each school shall maintain, on a form prescribed by the
2-47     executive council, screening records for each individual in
2-48     attendance, and the records are open for inspection by the office
2-49     or the local health department.
2-50           (b)  The office may, directly or through local health
2-51     departments, enter a school and inspect records maintained by the
2-52     school relating to screening for acanthosis nigricans.
2-53           (c)  An individual's screening records may be transferred
2-54     among schools without the consent of the individual or, if the
2-55     individual is a minor, the minor's parent, managing conservator, or
2-56     guardian.
2-57           (d)  The person performing the screening shall send a report
2-58     indicating that an individual may have acanthosis nigricans to the
2-59     individual or, if the individual is a minor, the minor's parent,
2-60     managing conservator, or guardian.  The report must include:
2-61                 (1)  an explanation of acanthosis nigricans and related
2-62     conditions;
2-63                 (2)  a statement concerning an individual's or family's
2-64     need for further evaluation of conditions related to acanthosis
2-65     nigricans; and
2-66                 (3)  instructions to help the individual or family
2-67     receive evaluation and intervention by the school district.
2-68           (e)  Each school shall submit to the office an annual report
2-69     on the screening status of the individuals in attendance during the
 3-1     reporting year and shall include in the report any other
 3-2     information required by the office.  The report must be on a form
 3-3     prescribed by the executive council and must be submitted according
 3-4     to the executive council's rules.
 3-5           (f)  Not later than January 15 of each odd-numbered year, the
 3-6     office shall submit to the governor and the legislature a report
 3-7     concerning the effectiveness of the acanthosis nigricans screening
 3-8     program established by this chapter.
 3-9           (b)  This section takes effect only if a specific
3-10     appropriation for the implementation of this Act is provided in
3-11     S.B. No. 1 (General Appropriations Act), Acts of the 77th
3-12     Legislature, Regular Session, 2001.  If no specific appropriation
3-13     is provided in S.B. No. 1, the General Appropriations Act, this
3-14     section has no effect.
3-15           SECTION 3.  The board of regents of the Texas Tech University
3-16     System shall establish the Texas Tech Diabetes Research Center as
3-17     provided by Section 110.15, Education Code, as added by this Act,
3-18     not later than January 1, 2003.
3-19           SECTION 4.  This Act takes effect immediately if it receives
3-20     a vote of two-thirds of all the members elected to each house, as
3-21     provided by Section 39, Article III, Texas Constitution.  If this
3-22     Act does not receive the vote necessary for immediate effect, this
3-23     Act takes effect September 1, 2001.
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