SRC-TJG H.B. 3126 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3126
By: Truitt, et al. (Janek)
Administration
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Currently, Texas is facing a shortage of nurses.  According to the Center
for Health and Economic Policy at The University of Texas Health Science
at Center San Antonio, the shortage of nurses has been caused by
demographic factors rather than economic factors.  In the future more
registered nurses, whose current average age is 45, will be reaching
retirement age at the same time the elderly population is increasing,
causing an increasing demand for health care and nursing services.  H.B.
3126 provides measures designed to support continued enrollment increases
in nursing schools. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter U, Chapter 61, Education Code, as added by
Chapter 1489, Acts of the 77th Legislature, Regular Session, 2001, by
adding Sections 61.9627 and 61.9628, as follows: 

Sec. 61.9627.  DISBURSEMENT AND ACCOUNTING OF APPROPRIATED FUNDS. (a)
Requires the Texas Higher Education Coordinating Board (THECB) to adopt
procedures for assuring that money appropriated by the legislature
specifically to fund enrollment growth in a professional nursing program
is distributed in a certain manner and expended on the professional
nursing program by institutions receiving money. 

(b) Requires the procedures adopted under Subsection (a) to require each
professional nursing program receiving money to file a report annually
with THECB accounting for all money received. 

Sec. 61.9628.  ADMINISTRATIVE COSTS.  Authorizes a reasonable amount, not
to exceed five percent, of the money appropriated by the legislature to
increase enrollments in professional nursing programs to be used by THECB
to pay administrative costs of implementing this subchapter or
administering the money. 

SECTION 2.  Amends Sections 63.202(f) and (g), Education Code, as follows:

(f)  Requires the  grants awarded under Subsection (c) for the state
fiscal biennium ending August 31, 2005,  and the fiscal biennium ending on
August 31, 2007, rather than 2003, by THECB to be awarded to programs
preparing students for initial licensure as registered nurses or programs
preparing qualified faculty members with a master's or doctoral degree for
such program, including programs of two-year institutions of higher
education, four-year general academic teaching institutions, health
science centers, and independent or private institutions of higher
education, notwithstanding the limitations provided by Subsection (b).
Authorizes THECB, in awarding grants under this subsection, to take
certain actions.  Deletes text authorizing THECB to award grants to
institutions seeking to increase enrollment in their nursing programs
through financial incentives.  
 
(g)  Provides that Subsection (f) and this subsection expire September 1,
2007, rather than September 1, 2003. 

SECTION 3.  Amends Subchapter M, Chapter 56, Education Code, as added by
Chapter 1590, Acts of the 76th Legislature, Regular Session, by adding
Section 56.3075, as follows: 

Sec.  56.3075.  HEALTH CARE PROFESSION STUDENT GRANT.  (a)  Authorizes
THECB to award a grant in an amount not more than three times the amount
that may be awarded under Section 56.307 to a student who meets certain
requirements.  

(b) Authorizes THECB, in awarding grants under Subsection (a), to take
certain factors into consideration. 

SECTION 4.  Amends Subchapter O, Chapter 56, Education Code, as added by
Chapter 624, Acts of the 77th Legislature, Regular Session, 2001, by
adding Section 56.3575, as follows: 
 
Sec.  56.3575.  HEALTH CARE PROFESSION STUDENT GRANT.  (a)  Authorizes
THECB to award a grant in an amount not more than three times the amount
that can be awarded under Section 56.357, as added by Chapter 624, Acts of
the 77th Legislature, Regular Session, 2001, to a student who meet certain
requirements. 

(b) Authorizes THECB, in awarding grants under Subsection (a), to take
certain factors into consideration. 

SECTION 5.  Amends Section 104.011(a), Health and Safety Code, to provide
that the statewide health coordinating council (council) is composed of
18, rather than 17, certain members. 

SECTION 6.  Amends Section 104.0115(a), Health and Safety Code, to provide
that members of the council serve for staggered six-year terms, with the
terms of four or five members expiring August 31 of each odd-numbered
year. 

SECTION 7.  Amends Subchapter B, Chapter 104, Health and Safety Code, by
adding Section 104.0155, as follows:  

Sec.  104.0155.  NURSING ADVISORY COMMITTEE.  (a)  Requires the statewide
health coordinating council to form a nursing advisory committee
(committee), the majority of the members of which are required to be
nurses.  Requires the committee to include certain individuals and
authorizes the committee to include other individuals. 

(b) Requires the committee to perform certain tasks.

(c) Requires a nurse member of the committee and a nurse member of the
council to co-chair the committee.  

(d) Provides that Chapter 2110 (State Agency Advisory Committees),
Government Code, does not apply to the committee formed under this
section. 

(e) Provides that meetings of the committee under this section are subject
to Chapter 551 (Open Meetings), Government Code. 

SECTION 8.  Amends Section 104.042(e), Health and Safety Code, to provide
that the data received by the Texas Department of Health (TDH) under this
section containing information identifying specific persons or health care
facilities, rather than patients, is confidential, is not subject to
disclosure under Chapter 552 (Public Information), Government Code, and is
prohibited from being released unless all identifying information is
removed, rather than the information identifying the patient is removed. 

SECTION 9.  Amends Section 105.002, Health and Safety Code, as follows:

  (a) Creates new subsection from existing text.

(b) Requires the council, in conjunction with the committee formed under
Section 104.0155, to avoid  duplication of effort, and to the extent
funding is available through fees collected under Sections 301.155(c)
(Fees) and 302.153(d) (Fees), Occupation Code, to establish a nursing
resource section within the center for the collection and analysis of
educational and employment trends for nurses in this state. 

(c) Requires the council, if the nursing resource section established
under Subsection (b) is funded from surcharges collected under Section
301.155(c) and 302.153(d), Occupations Code, to provide the Board of
Nursing Examiner (BNE) or the Board of Vocational Nursing Examiners
(BVNE), as applicable, with an annual accounting of the money received
from the Texas Board of Health (board).  Authorizes the council to expend
a reasonable amount of the money to pay administrative costs of
maintaining the nursing resource section. 

SECTION 10.  Amends Section 105.003, Health and Safety Code, by adding
Subsections (d) and (e), as follows: 

(d) Requires the council, to the extent feasible, to use a researcher with
a doctorate in nursing to collect, analyze, and disseminate nursing data
that may be used to predict supply and demand for nursing personnel in
this state using appropriate federal or state supply and demand models.
Requires the nursing data to include certain information. 

(e) Provides that the data received by TDH under this section that
contains information identifying specific persons or health care
facilities is confidential, is not subject to disclosure under Chapter
552, Government Code, and is prohibited from being released unless all
identifying information is removed. 

SECTION 11. Amends Chapter 105.004, Health and Safety Code, as follows:

 (a)  Creates this subsection from existing text.

(b)  Requires the council to publish reports regarding the data collected
analyzed under this chapter related to certain information regarding the
nursing professional field.  

SECTION 12.  Amends Section 301.155, Occupations Code, by adding
Subsection (c), to require the board to assess a $3 surcharge to the fee
established by the board under Subsection (a) for a license holder to
renew a license under this chapter.  Authorizes the board to use  nine
cents of the surcharge to cover the administrative costs of collecting and
depositing the surcharge. Requires the board to quarterly transmit $2.91
of the surcharge to TDH to be used only to implement the nursing resource
section under Section 105.002, Health and Safety Code. Provides that the
board is not required to collect the surcharge if the board determines the
funds collected are not appropriated for the purpose of funding the
nursing resource section. 

SECTION 13.  Amends Section 302.153, Occupations Code, by adding
Subsection (d), to require the board to assess a $2 surcharge to the fee
established by the board under Subsection (a) for a license holder to
renew a license under this chapter.  Authorizes the board to use six cents
of the surcharge to cover the administrative costs of collecting and
depositing the surcharge.  Requires the board to quarterly transmit $1.94
of the surcharge to TDH to be used  only to implement the nursing resource
section under Section 105.002 (Establishment of Center), Health and Safety
Code.  Provides that the board is not required to collect the surcharge if
the board determines the funds collected are not appropriated for the
purpose of funding the nursing resource section. 

SECTION 14.  Repealer: Chapter 304, Occupation Code ( Nurse Licensure
Compact), as added by Chapter 1489, Acts of the 77th Legislature, Regular
Session, 2001. 

SECTION 15.  Effective date: upon passage or September 1,2003.