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


Senate Research CenterC.S.H.B. 2019
By: Griggs (Harris)
Health & Human Services
5/20/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

The Texas Traumatic Brain Injury Advisory Council (TBIAC) is a joint
endeavor by the Health and Human Services Commission and the Texas
Department of Health.  This council is devoted to the interests of persons
with traumatic brain injuries and their families.  Concerns have arisen
that Texas' current health care delivery system does not adequately meet
the needs of persons with traumatic brain injury.  TBIAC is focused on
integrating access to appropriate services and supports that already
exist. C.S.H.B. 2019 establishes this council within the Texas Department
of Health to assist people with brain injuries and their families and
outlines its duties and responsibilities. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Health in
SECTION 2 (Section 92.060, Health and Safety Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Designates Sections 92.001-92.011, Health and Safety Code, as
Subchapter A of Chapter 92, Health and Safety Code, and adds a subchapter
heading for Subchapter A, to read as follows: 

SUBCHAPTER A.  GENERAL PROVISIONS

SECTION 2.  Amends Chapter 92, Health and Safety Code, by adding
Subchapter B, as follows: 

SUBCHAPTER B.  TEXAS TRAUMATIC BRAIN INJURY ADVISORY COUNCIL

Sec. 92.051.  DEFINITIONS.  Defines "traumatic brain injury support group,
"council," and "primary family caregiver." 

Sec. 92.052.  ADVISORY COUNCIL; ASSOCIATED AGENCY.  (a)  Provides that the
Texas Traumatic Brain Injury Advisory Council (TBIAC) is an advisory
council within the Texas Department of Health (TDH). 

(b)  Provides that, notwithstanding Subsection (a), if, as a result of
legislation enacted in the 78th Legislature, Regular Session, 2003, a
state agency other than TDH is designated to serve as the agency with
primary responsibility in relation to persons with physical disabilities,
TBIAC is an advisory council within that state agency and a reference in
this chapter to TDH means that agency. 

Sec. 92.053.  MEMBERSHIP.  (a)  Requires TBIAC to be composed in
accordance with federal law.  Requires appointments to TBIAC to be made
without regard to certain characteristics of the appointees. 

(b)  Sets forth the composition of TBIAC, including 22 members appointed
in a certain  manner. 

(c)  Requires one of the six public consumer members appointed under
Subsection (b)(1) to be a member of a statewide traumatic brain injury
support group. 

Sec. 92.054.  OFFICERS.  (a)  Requires the members of TBIAC annually to
elect a presiding officer and an assistant presiding officer from the
council members. 

(b)  Prohibits a representative of a state agency from serving as
presiding officer or assistant presiding officer. 

(c)  Requires at least one of the officers to be a public consumer member.

Sec. 92.055.  RESTRICTIONS ON MEMBERS.  (a)  Defines "Texas trade
association." Provides that the term does not include a voluntary health
organization. 

(b)  Prohibits a person from being a public consumer member of TBIAC if
the person or the person's spouse engages in certain activities. 

(c)  Prohibits a person from being a member of TBIAC if the person is an
officer, employee, or paid consultant of a Texas trade association in a
health care field. 

(d)  Prohibits a person from being a member of TBIAC if the person is
required to register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of a
profession related to the operation of TBIAC. 

(e)  Sets forth grounds for removal from TBIAC.  

(f)  Provides that the validity of an action of TBIAC is not affected by
the fact that it is taken when a ground for removal of a council member
exists. 

Sec. 92.056.  TERMS; VACANCY.  (a)  Provides that the public consumer and
professional members of TBIAC are appointed for staggered six-year terms,
with the terms of four or five members expiring February 1 of each
odd-numbered year. 

(b)  Provides that, in addition to other methods by which a position may
become vacant, a position on TBIAC becomes vacant if a member resigns from
TBIAC by providing written notice to the presiding officer of TBIAC. 

(c)  Requires the presiding officer, if a position on TBIAC becomes
vacant, to provide written notice to the appropriate appointing official
requesting a new appointment to fill the remainder of the member's term. 

(d)  Requires the appropriate appointing official, if a vacancy occurs, to
appoint a person, in the same manner as the original appointment, to serve
for the remainder of the unexpired term. 

(e)  Provides that a person who has served one full term on TBIAC is not
eligible for reappointment. 

Sec. 92.057.  COMPENSATION; EXPENSES.  (a)  Provides that, except as
provided by Subsections (b) and (c), a member of TBIAC is not entitled to
compensation for service on TBIAC and is not entitled to reimbursement for
travel expenses. 

(b)  Requires a member who is a representative of a state agency to be
reimbursed for  travel expenses incurred while conducting TBIAC business
from the funds of the agency the person represents in accordance with the
General Appropriations Act. 

(c)  Requires TDH, if money is available for this purpose in the account
established under Section 92.062(b), to reimburse a public consumer member
for the member's actual and necessary expenses incurred in performing
TBIAC duties, including travel, meals, lodging, respite care for a
dependent with a disability, and telephone longdistance charges. 

Sec. 92.058.  MEETINGS.  Requires TBIAC to meet at least once each
calendar quarter on meeting dates set by TBIAC and at the call of the
presiding officer. 

Sec. 92.059.  DUTIES OF THE COUNCIL.  Requires TBIAC to:

(1)  inform state leaders of issues and policies as they relate to meeting
the needs of persons with a traumatic brain injury and their primary
family caregivers; 

(2)  recommend to state leaders policies and programs that more
effectively serve persons with a traumatic brain injury and their
families; 

(3)  recommend to TDH methods to explore and promote innovative approaches
to providing services and support to persons with a traumatic brain injury
and their families; 

(4)  recommend to TDH methods to promote education, training, and
information about traumatic brain injury issues; 

(5)  advocate for persons with a traumatic brain injury and their families;

(6)  recommend to TDH methods to support activities aimed at reducing
preventable brain injuries; and 

(7)  recommend to TDH methods to conduct outreach to obtain public input.

Sec. 92.060.  DUTIES OF THE DEPARTMENT.  (a)  Requires TDH to:

(1)  provide administrative support services to TBIAC;

(2)  accept gifts and grants on behalf of TBIAC from any public or private
entity; 

(3)  receive, deposit, and disburse gifts and grants for TBIAC in
accordance with this subchapter and provide other administrative services
in support of TBIAC as requested by and negotiated with TBIAC; and 

(4)  enter into a memorandum of understanding with TBIAC that delineates
the responsibilities of TDH and TBIAC under this subchapter and amend the
memorandum as necessary to reflect changes in those responsibilities. 

(b)  Authorizes the Texas Board of Health to adopt rules as necessary to
implement TDH's duties under this subchapter and federal developmental
disability laws. 

Sec. 92.061.  ADDITIONAL COUNCIL DUTIES.  Requires TBIAC to make
recommendations, at the request of the governor or legislative leaders,
relating to activities appropriate to the achievement of legislative and
executive functions relating to persons with a traumatic brain injury, and
submit to the governor, legislature, and other appropriate state and
federal authorities periodic reports on TBIAC's responsibilities and
performance. 

Sec. 92.062.  GIFTS AND GRANTS.  (a)  Encourages TBIAC to seek a gift or
grant from any public or private entity. 

(b) Requires the Health and Human Services Commission to deposit any money
received under Subsection (a) to the credit of the TBIAC account.
Provides that the TBIAC account is an account in the general revenue fund
that may be appropriated only for the purpose of carrying out this
subchapter. 

Sec. 92.063.  ADVISORY COMMITTEE STATUTE INAPPLICABLE.  Provides that
Chapter 2110, Government Code, does not apply to TBIAC. 

SECTION 3.  Amends Section 92.001(2), Health and Safety Code, to amend a
reference to conform to the changes in law made by this Act. 

SECTION 4.  Amends Sections 92.002(b) and (d), Health and Safety Code, to
make conforming changes. 

SECTION 5.  Amends Section 92.003(c), Health and Safety Code, to make a
conforming change. 

SECTION 6.  Amends Sections 92.004(a), (c), and (d), Health and Safety
Code, to make conforming changes. 

SECTION 7.  Amends Section 92.005, Health and Safety Code, to make
conforming changes. 

SECTION 8.  Amends Section 92.006(b), Health and Safety Code, to make a
conforming change. 

SECTION 9.  Amends Sections 92.008(a) and (e), Health and Safety Code, to
make conforming changes. 

SECTION 10.  (a) Amends Section 92.011, Health and Safety Code,  to
require TDH and TBIAC established within TDH under Subchapter B to take
certain actions. 

(b)  Authorizes TDH and TBIAC to enter into a memorandum of understanding
to facilitate cooperation under Subsection (a). 

SECTION 11.  Provides that the changes in law made by this Act do not
affect the entitlement of a member serving on TBIAC immediately before the
effective date of this Act to continue to carry out the member's functions
for the remainder of the member's term.  Requires the commissioner of
health and human services, as soon as practicable after the effective date
of this Act, to develop a plan to bring the composition of TBIAC into
compliance with Section 92.053, Health and Safety Code, as added by this
Act, as the service of existing members of TBIAC terminates. 

SECTION 12.  Provides that it is the intention of the legislature that
Subchapter B, Chapter 92, Health and Safety Code, as added by this Act, be
interpreted and applied to reflect any changes made by the 78th
Legislature relating to the structure of governmental agencies providing
health and human services and programs in this state.  Provides that if
the relevant functions or duties of any agency referenced in Subchapter B,
Chapter 92, Health and Safety Code, as added by this Act, are transferred
to another agency by the 78th Legislature, the reference means the agency
to which the relevant functions or duties were transferred. 

SECTION 13.  Effective date:  September 1, 2003.