By Capelo H.B. No. 3154
77R7453 JAT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Texas Asthma and Allergy Council.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
1-5 amended by adding Chapter 110 to read as follows:
1-6 CHAPTER 110. TEXAS ASTHMA AND ALLERGY COUNCIL
1-7 Sec. 110.001. DEFINITION. In this chapter, "council" means
1-8 the Texas Asthma and Allergy Council.
1-9 Sec. 110.002. TEXAS ASTHMA AND ALLERGY COUNCIL. The council
1-10 shall assist with the implementation of the Texas Asthma Plan and
1-11 the Texas Allergy Plan.
1-12 Sec. 110.003. SUNSET PROVISION. The council is subject to
1-13 Chapter 325, Government Code (Texas Sunset Act). Unless continued
1-14 in existence as provided by that chapter, the council is abolished
1-15 and this chapter expires September 1, 2011.
1-16 Sec. 110.004. COMPOSITION OF COUNCIL. The council is
1-17 composed of:
1-18 (1) a physician active in the treatment of asthma,
1-19 appointed by the governor;
1-20 (2) a physician active in the treatment of allergies,
1-21 appointed by the governor;
1-22 (3) a physician active in the treatment of asthma,
1-23 appointed by the lieutenant governor;
1-24 (4) a physician active in the treatment of allergies,
2-1 appointed by the lieutenant governor;
2-2 (5) a physician active in the treatment of asthma,
2-3 appointed by the speaker of the house of representatives;
2-4 (6) a physician active in the treatment of allergies,
2-5 appointed by the speaker of the house of representatives;
2-6 (7) a member designated by the American Lung
2-7 Association;
2-8 (8) a member designated by the Texas Medical
2-9 Association;
2-10 (9) a member designated by the Texas Hospital
2-11 Association;
2-12 (10) a member designated by the Texas Pharmacy
2-13 Association;
2-14 (11) a member designated by the Texas Allergy and
2-15 Immunology Society;
2-16 (12) a member designated by Driscoll Children's
2-17 Hospital;
2-18 (13) a member designated by the Texas Department of
2-19 Health;
2-20 (14) a member designated by the Texas Asthma
2-21 Coalition;
2-22 (15) a member designated by the Texas Education
2-23 Agency;
2-24 (16) a member designated by the Texas Natural Resource
2-25 Conservation Commission; and
2-26 (17) a parent of a child with a food allergy,
2-27 appointed by the governor.
3-1 Sec. 110.005. QUALIFICATIONS OF COUNCIL MEMBERS AND
3-2 EMPLOYEES. (a) In this section, "Texas trade association" means a
3-3 cooperative and voluntarily joined association of business or
3-4 professional competitors in this state designed to assist its
3-5 members and its industry or profession in dealing with mutual
3-6 business or professional problems and in promoting their common
3-7 interest. The term does not include a voluntary health
3-8 organization.
3-9 (b) A person may not be a public member of the council if
3-10 the person or the person's spouse:
3-11 (1) is employed by or participates in the management
3-12 of a business entity or other organization receiving money from the
3-13 council;
3-14 (2) owns or controls, directly or indirectly, more
3-15 than a 10 percent interest in a business entity or other
3-16 organization receiving money from the council; or
3-17 (3) uses or receives a substantial amount of tangible
3-18 goods, services, or money from the council, other than compensation
3-19 or reimbursement authorized by law for council membership,
3-20 attendance, or expenses.
3-21 (c) A person may not be a member of the council and may not
3-22 be a council employee employed in a "bona fide executive,
3-23 administrative, or professional capacity," as that phrase is used
3-24 for purposes of establishing an exemption to the overtime
3-25 provisions of the federal Fair Labor Standards Act of 1938 (29
3-26 U.S.C. Section 201 et seq.) and its subsequent amendments if:
3-27 (1) the person is an officer, employee, or paid
4-1 consultant of a Texas trade association in the field of asthma or
4-2 allergy treatment; or
4-3 (2) the person's spouse is an officer, manager, or
4-4 paid consultant of a Texas trade association in the field of asthma
4-5 or allergy treatment.
4-6 (d) A person may not be a member of the council or act as
4-7 the general counsel to the council or the council's staff if the
4-8 person is required to register as a lobbyist under Chapter 305,
4-9 Government Code, because of the person's activities for
4-10 compensation on behalf of a profession related to the operation of
4-11 the council.
4-12 (e) Appointments to the council shall be made without regard
4-13 to the race, color, disability, sex, religion, age, or national
4-14 origin of the appointees.
4-15 (f) It is a ground for removal from the council that a
4-16 member:
4-17 (1) does not have at the time of taking office the
4-18 qualifications required by Section 110.004;
4-19 (2) does not maintain during service on the council
4-20 the qualifications required by Section 110.004;
4-21 (3) is ineligible for membership under Subsections
4-22 (b)-(d);
4-23 (4) cannot, because of illness or disability,
4-24 discharge the member's duties for a substantial part of the
4-25 member's term; or
4-26 (5) is absent from more than half of the regularly
4-27 scheduled council meetings that the member is eligible to attend
5-1 during a calendar year without an excuse approved by a majority
5-2 vote of the council.
5-3 (g) The validity of an action of the council is not affected
5-4 by the fact that it is taken when a ground for removal of a council
5-5 member exists.
5-6 (h) If the executive director has knowledge that a potential
5-7 ground for removal exists, the executive director shall notify the
5-8 presiding officer of the council of the potential ground. The
5-9 presiding officer shall then notify the appointing authority and
5-10 the attorney general that a potential ground for removal exists. If
5-11 the potential ground for removal involves the presiding officer,
5-12 the executive director shall notify the next highest ranking
5-13 officer of the council, who shall then notify the appointing
5-14 authority and the attorney general that a potential ground for
5-15 removal exists.
5-16 Sec. 110.006. TERMS; VACANCY. (a) Council members serve for
5-17 staggered six-year terms, with the terms of at least five members
5-18 expiring February 1 of each even-numbered year.
5-19 (b) If a vacancy occurs, the appropriate appointing
5-20 authority shall appoint, in the same manner as the original
5-21 appointment, a person to serve for the remainder of the unexpired
5-22 term.
5-23 Sec. 110.007. OFFICERS. The governor shall designate a
5-24 member of the council as the presiding officer of the council to
5-25 serve in that capacity at the pleasure of the governor.
5-26 Sec. 110.008. COMPENSATION. (a) A member of the council is
5-27 not entitled to compensation but is entitled to reimbursement for
6-1 actual and necessary expenses incurred in performing council
6-2 duties.
6-3 (b) A representative of a state agency shall be reimbursed
6-4 from the funds of the agency the person represents. Other members
6-5 shall be reimbursed from council funds.
6-6 Sec. 110.009. POWERS AND DUTIES OF COUNCIL. The council
6-7 shall:
6-8 (1) assist with the implementation of the Texas Asthma
6-9 Plan and the Texas Allergy Plan;
6-10 (2) continually monitor and assist in revising the
6-11 Texas Asthma Plan and the Texas Allergy Plan as necessary;
6-12 (3) create an asthma educator certification process;
6-13 (4) create an allergy educator certification process;
6-14 (5) assess the impact, including the financial impact,
6-15 of asthma and allergies in Texas;
6-16 (6) compile data related to asthma and allergies;
6-17 (7) provide expertise related to indoor air quality;
6-18 (8) assist in smoking cessation programs;
6-19 (9) assist public schools in dealing with children
6-20 with asthma and children with allergies;
6-21 (10) act as a repository for asthma and allergy
6-22 projects;
6-23 (11) support asthma and allergy research; and
6-24 (12) disseminate asthma and allergy information.
6-25 Sec. 110.010. STANDARDS OF CONDUCT. The executive director
6-26 or the executive director's designee shall provide to members of
6-27 the council and to council employees, as often as necessary,
7-1 information regarding the requirements for office or employment
7-2 under this chapter, including information regarding a person's
7-3 responsibilities under applicable laws relating to standards of
7-4 conduct for state officers or employees.
7-5 Sec. 110.011. TRAINING. (a) A person who is appointed to
7-6 and qualifies for office as a member of the council may not vote,
7-7 deliberate, or be counted as a member in attendance at a meeting of
7-8 the council until the person completes a training program that
7-9 complies with this section.
7-10 (b) The training program must provide the person with
7-11 information regarding:
7-12 (1) the legislation that created the council;
7-13 (2) the programs operated by the council;
7-14 (3) the role and functions of the council;
7-15 (4) the rules of the council, with an emphasis on the
7-16 rules that relate to disciplinary and investigatory authority;
7-17 (5) the current budget for the council;
7-18 (6) the results of the most recent formal audit of the
7-19 council;
7-20 (7) the requirements of:
7-21 (A) the open meetings law, Chapter 551,
7-22 Government Code;
7-23 (B) the public information law, Chapter 552,
7-24 Government Code;
7-25 (C) the administrative procedure law, Chapter
7-26 2001, Government Code; and
7-27 (D) other laws relating to public officials,
8-1 including conflict of interests laws; and
8-2 (8) any applicable ethics policies adopted by the
8-3 council or the Texas Ethics Commission.
8-4 (c) A person appointed to the council is entitled to
8-5 reimbursement, as provided by the General Appropriations Act, for
8-6 the travel expenses incurred in attending the training program
8-7 regardless of whether the attendance at the program occurs before
8-8 or after the person qualifies for office.
8-9 Sec. 110.012. MEETINGS. (a) The council shall meet at the
8-10 call of the presiding officer.
8-11 (b) The council shall develop and implement policies that
8-12 provide the public with a reasonable opportunity to appear before
8-13 the council and to speak on any issue under the jurisdiction of the
8-14 council.
8-15 Sec. 110.013. SEPARATION OF RESPONSIBILITIES. The council
8-16 shall develop and implement policies that clearly separate the
8-17 policymaking responsibilities of the council and the management
8-18 responsibilities of the executive director and the staff of the
8-19 council.
8-20 Sec. 110.014. COMPLAINTS. (a) The council shall maintain a
8-21 file on each written complaint filed with the council. The file
8-22 must include:
8-23 (1) the name of the person who filed the complaint;
8-24 (2) the date the complaint is received by the council;
8-25 (3) the subject matter of the complaint;
8-26 (4) the name of each person contacted in relation to
8-27 the complaint;
9-1 (5) a summary of the results of the review or
9-2 investigation of the complaint; and
9-3 (6) an explanation of the reason the file was closed,
9-4 if the council closed the file without taking action other than to
9-5 investigate the complaint.
9-6 (b) The council shall provide to the person filing the
9-7 complaint and to each person who is a subject of the complaint a
9-8 copy of the council's policies and procedures relating to complaint
9-9 investigation and resolution.
9-10 (c) The council, at least quarterly until final disposition
9-11 of the complaint, shall notify the person filing the complaint and
9-12 each person who is a subject of the complaint of the status of the
9-13 investigation unless the notice would jeopardize an undercover
9-14 investigation.
9-15 Sec. 110.015. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
9-16 executive director or the executive director's designee shall
9-17 prepare and maintain a written policy statement that implements a
9-18 program of equal employment opportunity to ensure that all
9-19 personnel decisions are made without regard to race, color,
9-20 disability, sex, religion, age, or national origin.
9-21 (b) The policy statement must include:
9-22 (1) personnel policies, including policies relating to
9-23 recruitment, evaluation, selection, training, and promotion of
9-24 personnel, that show the intent of the council to avoid the
9-25 unlawful employment practices described by Chapter 21, Labor Code;
9-26 and
9-27 (2) an analysis of the extent to which the composition
10-1 of the council's personnel is in accordance with state and federal
10-2 law and a description of reasonable methods to achieve compliance
10-3 with state and federal law.
10-4 (c) The policy statement must:
10-5 (1) be updated annually;
10-6 (2) be reviewed by the state Commission on Human
10-7 Rights for compliance with Subsection (b)(1); and
10-8 (3) be filed with the governor's office.
10-9 SECTION 2. As soon as possible on or after the effective date
10-10 of this Act, the initial appointments and designations to the Texas
10-11 Asthma and Allergy Council shall be made as follows:
10-12 (1) the governor shall appoint a physician active in
10-13 the treatment of asthma, a physician active in the treatment of
10-14 allergies, and the parent of a child with a food allergy for a term
10-15 expiring February 1, 2003;
10-16 (2) the speaker of the house of representatives shall
10-17 appoint a physician active in the treatment of asthma and a
10-18 physician active in the treatment of allergies for a term expiring
10-19 February 1, 2005;
10-20 (3) the lieutenant governor shall appoint a physician
10-21 active in the treatment of asthma and a physician active in the
10-22 treatment of allergies for a term expiring February 1, 2007;
10-23 (4) the American Lung Association, the Texas Medical
10-24 Association, and the Texas Hospital Association shall each
10-25 designate a member for a term expiring February 1, 2003;
10-26 (5) the Texas Pharmacy Association, the Texas Allergy
10-27 and Immunology Society, and Driscoll Children's Hospital shall each
11-1 designate a member for a term expiring February 1, 2005; and
11-2 (6) the Texas Department of Health, the Texas Asthma
11-3 Coalition, the Texas Education Agency, and the Texas Natural
11-4 Resource Conservation Commission shall each designate a member for
11-5 a term expiring February 1, 2007.
11-6 SECTION 3. This Act takes effect September 1, 2001.