By Duncan                                              S.B. No. 400
         77R3789 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the Texas Diabetes Council.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 103, Health and Safety Code, is amended
 1-5     by adding Section 103.0015 to read as follows:
 1-6           Sec. 103.0015.  SUNSET PROVISION. The Texas Diabetes Council
 1-7     is subject to Chapter 325, Government Code (Texas Sunset Act).
 1-8     Unless continued in existence as provided by that chapter, the
 1-9     council is abolished and this chapter expires September 1, 2011.
1-10           SECTION 2.  Section 103.004(a), Health and Safety Code, is
1-11     amended to read as follows:
1-12           (a)  A person is not eligible for appointment or service as a
1-13     citizen member if the person or the person's spouse:
1-14                 (1)  is employed by or participates in the management
1-15     of a business entity or other organization receiving funds at the
1-16     council's direction;
1-17                 (2)  owns or controls directly or indirectly more than
1-18     a 10 percent interest in a business entity or other organization
1-19     receiving funds at the council's direction; or
1-20                 (3)  uses or receives a substantial amount of tangible
1-21     goods, services, or funds from the council [department at the
1-22     council's direction], other than compensation or reimbursement
1-23     authorized by law for council membership, attendance, or expenses.
1-24           SECTION 3.  Section 103.009, Health and Safety Code, is
 2-1     amended to read as follows:
 2-2           Sec. 103.009.  REIMBURSEMENT. (a)  The council [department]
 2-3     shall reimburse council and advisory committee members for travel
 2-4     and other necessary expenses incurred in performing official duties
 2-5     at the same rate provided for state employees in the General
 2-6     Appropriations Act.
 2-7           (b)  Funds for travel reimbursement shall be appropriated to
 2-8     the council [department].
 2-9           SECTION 4.  Section 103.010, Health and Safety Code, is
2-10     amended to read as follows:
2-11           Sec. 103.010.  STAFF SUPPORT. The council may employ an
2-12     executive director and staff as necessary to perform the duties of
2-13     the council under this chapter.  Each agency represented on the
2-14     council shall provide the council with periodic staff support of
2-15     specialists as needed and may provide staff support to an advisory
2-16     committee.
2-17           SECTION 5.  Section 103.0105, Health and Safety Code, is
2-18     amended to read as follows:
2-19           Sec. 103.0105.  DIVISION OF POLICY AND MANAGEMENT
2-20     RESPONSIBILITIES. The council shall develop and implement policies
2-21     that clearly separate the policymaking responsibilities of the
2-22     council and the management responsibilities of the council's
2-23     employees [commissioner and the staff of the department].
2-24           SECTION 6.  Section 103.013(c), Health and Safety Code, is
2-25     amended to read as follows:
2-26           (c)  The council shall make written recommendations for
2-27     performing its duties under this chapter to the [board and the]
 3-1     legislature.  If the council considers a recommendation that will
 3-2     affect an agency not represented on the council, the council shall
 3-3     seek the advice and assistance of the agency before taking action
 3-4     on the recommendation.  The council's recommendations shall be
 3-5     implemented by the agencies affected by the recommendations.
 3-6           SECTION 7.  Section 103.014(e), Health and Safety Code, is
 3-7     amended to read as follows:
 3-8           (e)  The council [department] shall accept funds appropriated
 3-9     for the purposes of this chapter and shall allocate those funds as
3-10     necessary to administer this chapter.  [The council shall make
3-11     recommendations to the department concerning the allocation of
3-12     funds.]
3-13           SECTION 8.  Section 103.015, Health and Safety Code, is
3-14     amended to read as follows:
3-15           Sec. 103.015.  GIFTS AND GRANTS. [(a)]  The council may
3-16     receive gifts and grants from any public or private source to
3-17     perform its duties under this chapter.  The council [department
3-18     shall accept the gifts on behalf of the council and] shall deposit
3-19     any funds accepted under this section to the credit of a special
3-20     account in the general revenue fund.
3-21           [(b)  The department may retain five percent of any monetary
3-22     gifts accepted on behalf of the council to cover its costs in
3-23     administering this section.]
3-24           SECTION 9.  Section 103.0175, Health and Safety Code, is
3-25     amended to read as follows:
3-26           Sec. 103.0175.  MATERIALS FOR SCHOOL-BASED AND SCHOOL-LINKED
3-27     CLINICS. The council[, in consultation with the department,] shall
 4-1     develop and make available materials that provide information about
 4-2     diabetes to be distributed to students and the parents of students
 4-3     by health clinics at public primary or secondary schools.
 4-4           SECTION 10.  Section 103.018, Health and Safety Code, is
 4-5     amended to read as follows:
 4-6           Sec. 103.018.  ANNUAL REPORT. The council [department] shall
 4-7     file annually with the governor and the presiding officer of each
 4-8     house of the legislature a complete and detailed written report
 4-9     accounting for all funds received and disbursed by or for the
4-10     council during the preceding fiscal year.  The form of the annual
4-11     report and the reporting time are as provided by the General
4-12     Appropriations Act.
4-13           SECTION 11.  An appropriation made by the 77th Legislature to
4-14     the Texas Department of Health to be allocated to the Texas
4-15     Diabetes Council is an appropriation to the Texas Diabetes Council.
4-16           SECTION 12.  This Act takes effect September 1, 2001.