This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
Amend CSHB 2292, immediately following Section 1.08 of the
bill (Senate committee printing, page 8, between lines 21 and 22),
by inserting the following:
SECTION 1.08A. (a) Subtitle I, Title 4, Government Code, is
amended by adding Chapter 534 to read as follows:
CHAPTER 534. COMMISSION FOR STATE
HEALTH EXPENDITURES
Sec. 534.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Commission for State Health
Expenditures.
(2) "Commissioner" means the commissioner for state
health expenditures.
Sec. 534.002. COMMISSION FOR STATE HEALTH EXPENDITURES.
The Commission for State Health Expenditures is an agency of the
state.
Sec. 534.003. SUNSET PROVISION. The commission is subject
to Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the commission is abolished and this
chapter expires September 1, 2013.
Sec. 534.004. COMMISSIONER. (a) The commission is under
the direction of a commissioner.
(b) The commissioner is appointed by the governor with the
advice and consent of the senate. The appointment of a commissioner
shall be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointee.
(c) A person is not eligible for appointment to the office
of commissioner if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
commission;
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from the commission; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for the
commissioner.
(d) The commissioner may not work for any agency or office
of the state other than the commission and may not perform duties
for any other state agency or office that could negatively affect
the performance of the commissioner's duties as commissioner.
(e) It is a ground for removal from office if the
commissioner:
(1) is disqualified for the position under Subsection
(c) or engages in an activity after appointment that, under
Subsection (c), would have disqualified the person for appointment
to the position;
(2) violates a prohibition established by Subsection
(d) or Section 534.006; or
(3) cannot, because of illness or disability,
discharge the commissioner's duties.
(f) The validity of an action of the commissioner or the
commission is not affected by the fact that it is taken when a
ground for removal of the commissioner exists.
Sec. 534.005. STAFF. (a) The commissioner may employ
personnel necessary to administer the responsibilities of the
commission.
(b) Compensation authorized by law for personnel employed
under Subsection (a) may not exceed $200,000 per employee.
(c) The commissioner or the commissioner's designee shall
provide to commission employees, as often as necessary, information
regarding their qualifications for employment under this chapter
and their responsibilities under applicable laws relating to
standards of conduct for state employees.
(d) The commissioner or the commissioner's designee shall
prepare and maintain a written policy statement to ensure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies that are in compliance with the
requirements of Chapter 21, Labor Code; and
(2) a comprehensive analysis of the commission
workforce that meets federal and state guidelines.
(e) A policy statement prepared under Subsection (d) must
cover a biennial period and:
(1) be updated biennially;
(2) be reviewed by the Commission on Human Rights for
compliance with Subsection (d)(1); and
(3) be filed with the governor's office.
(f) The governor's office shall deliver a biennial report to
the legislature based on the information received under Subsection
(e). The report may be made separately or as a part of other
biennial reports made to the legislature.
Sec. 534.006. CONFLICTS OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not serve as the commissioner and may not be
a commission employee if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of business,
insurance, or health and human services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of business,
insurance, or health and human services.
(c) A person may not serve as the commissioner and may not be
a commission employee if the person is required to register as a
lobbyist under Chapter 305.
Sec. 534.007. GENERAL DUTY OF COMMISSION. The commission
shall conduct an in-depth analysis of health expenditures funded by
this state to:
(1) determine the long-term needs of the state's
health care systems and recommend policy priorities for the state
and elected state officials;
(2) identify critical problems in the state's health
care systems and recommend strategies to solve those problems;
(3) assess the cost-effectiveness of the use of
federal, state, and local money in the state's health care
expenditures;
(4) advise and assist the legislature in developing
plans, programs, and proposed legislation to:
(A) improve the effectiveness of the state's
health care systems; and
(B) identify in the state's health care systems:
(i) potential cost saving measures;
(ii) innovative practices and best
practices;
(iii) efficiency in delivery of care; and
(iv) evidence-based models of care;
(5) calculate daily costs and compare interagency
costs on services provided by agencies that are a part of the
state's health care systems;
(6) calculate relevant populations for use in planning
for the long-term needs of the state's health care systems;
(7) determine the long-term information needs of the
state's health care systems and acquire information to meet those
needs; and
(8) engage in other activities consistent with the
responsibilities of the commission.
Sec. 534.008. CONSULTATION WITH GOVERNOR AND LEGISLATIVE
OFFICIALS. In setting the priorities for research projects of the
commission, the commissioner shall consult the governor,
lieutenant governor, speaker of the house of representatives, and
presiding officer of each standing committee of the senate and
house of representatives having jurisdiction over state health
expenditures.
Sec. 534.009. ACCESS TO PROGRAMS AND FACILITIES. The
commission shall comply with federal and state laws related to
program and facility accessibility.
(b) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this section takes effect September 1, 2003.