C.S.H.B. 2019 78(R)    BILL ANALYSIS


C.S.H.B. 2019
By: Griggs
Public Health
Committee Report (Substituted)


BACKGROUND AND PURPOSE 
The Texas Traumatic Brain Injury Advisory Council (TTBIAC) is a joint
endeavor by the Health and Human Services Commission and the Texas
Department of Health.  This council is the only voice in state government
devoted solely to the interests of persons with brain injuries and their
families.     
Texas has a system of health and human services, which may seem abundant
and approachable, but this is not true for persons with traumatic brain
injury.  Texas has no current delivery system, which adequately meets the
needs of all persons with traumatic brain injuries and their families.
Existing services for persons with traumatic brain injury are not quite
appropriate, or are inaccessible and significantly under-represented in
Texas' health and human service delivery system.  The work of TTBIAC is
focused not on building another diagnosis-specific entity in the health
and human services system, but rather on integrating access to appropriate
services and supports that already exist.  Texans with brain injuries and
their families need an advocate.  CSHB 2019 will establish this council
within the Texas Dept. of Health to assist people with brain injuries and
their families.  

RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Department of Health in SECTION 2(Section 92.060,
Health and Safety Code) of this bill. 

ANALYSIS
Amends Chapter 92, Health and Safety Code to create the Texas Traumatic
Brain Injury Advisory Council (TTBIAC) which is to be an advisory council
within the Texas Department of Health. TTBIAC is to be composed of 22
members: eight public consumer members, six professional members, and
eight state agency members.  One of the six public members must be a
member of a statewide traumatic brain injury support group.  The bill
establishes guidelines for the election of officers, prohibits state
agency representatives from serving as officers, requires at least one
officer to be a public consumer, outlines restrictions on members,
outlines terms and vacancies, outlines compensation and expenses and
requires that TTBIAC meet at least once per calendar quarter. 

The duties of the TTBIAC are to inform and make recommendations to state
leaders of issues/policies, recommend to TDH methods to explore and
promote approaches to providing services, education, training, and
information about persons with traumatic brain injury, recommend to TDH
methods to support activities aimed at reducing preventable brain
injuries, and recommend to TDH methods to conduct outreach to obtain
public input.   Additionally TTBIAC shall  make recommendations relating
to activities appropriate to the achievement of legislative and executive
functions relating to these persons, and submit to the governor,
legislature, and other appropriate state and federal authorities periodic
reports on the council's responsibilities and performance.  

TTBIAC is encouraged to seek gifts or grants from any public or private
entity.  The Health and Human Services Commission is to deposit any money
received into a special TTBIAC account in the General Revenue account.   

The duties of the department are to provide administrative support
services to TTBIAC, accept gifts and grants on behalf of the council and
enter into a memorandum of understanding with TTBIAC that delineates the
responsibilities of the department and the council.  The board  may adopt
rules as necessary to implement the department's duties.   

Certain changes made by this act with regard to the replacement of council
members and council composition are prospective in nature.  

 
EFFECTIVE DATE
September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute amends the "Membership" section to increase the number of
public consumer members on the Council from 6 to 8, so that the number
will match the number of state agency members, and thereby raises the
total number of Council members from 20 to 22. 

In addition the substitute amends  the "Compensation; expenses" section,
by adding subsection (c), to allow public consumer members to be
reimbursed for certain expenses, provided funds are available in the gift
and grant account maintained by the council. 

The substitute amends the "Duties of the Council" section by clarifying
that the Council is able to "make recommendations" to the Texas Department
of Health related to traumatic brain injury.