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.