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.