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.