SRC-JEC, AMY,  MSY, LBB C.S.S.B. 342 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 342
78R10641 JTS-DBy: Shapleigh
State Affairs
4/2/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, certain statistics and figures indicate that the health
infrastructure in the border region is weak in comparison to other regions
in Texas and the United States. 

C.S.S.B. 342 enacts a number of changes to existing laws with the aim of
building the health infrastructure in that region of the state.  The bill
requires Texas Building and Procurement Commission and all state agencies
to consider whether a company offers health insurance to the company's
employees when awarding contracts.  

C.S.S.B. 342 creates a number of new entities.  First, the bill
establishes the Border Health Foundation within the Texas Department of
Health to raise money from private sources to finance health programs on
the border.  It creates a Border Health Corps from what is currently the
Texas Health Service Corps in order to provide loan repayment assistance
for doctors and nurses who choose to practice in the border region, while
preserving the Physicians Education Loan Repayment Program for other
Health Profession Shortage Areas in the state. 

Finally, the bill enacts a number of changes aimed towards assessing
current health science technology courses and programs in the Texas-Mexico
border region, and expanding the mentoring of students interested in
health science technology courses to encourage pursuit of related
professions in the region. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

ARTICLE 1.  SHORT TITLE AND PURPOSE

SECTION 1.01.  SHORT TITLE.  Provides that this Act may be known as the
Texas Health Improvement Act. 

SECTION 1.02.  PURPOSE.  Provides that the purpose of this Act is to
promote development of the health infrastructure that serves the citizens
of Texas and to improve the health of Hispanic Texans. 

ARTICLE 2.  PREFERENCE FOR VENDORS THAT PROVIDE HEALTH BENEFITS COVERAGE
FOR EMPLOYEES 

SECTION 2.01.  SCHOOL DISTRICT CONTRACT CONSIDERATIONS.  Amends Section
44.031(b), Education Code, to authorize a school district to consider
whether the vendor provides health benefits coverage to employees, along
with other considerations, in determining to whom to award a contract.
Makes a nonsubstantive change. 

SECTION 2.02.  SCHOOL DISTRICT PREFERENCE.  Amends Chapter 44B, Education
Code,  by adding Section 44.0421, as follows: 

Sec. 44.00421.  PREFERENCE FOR VENDORS THAT PROVIDE HEALTH BENEFITS
COVERAGE.  Requires a district procuring goods or services to give
preferences to a vendor that demonstrates the provision of employee health
benefits in certain circumstances.  

SECTION 2.03.  BEST VALUE CONSIDERATION.  Amends Section 2155.074(b),
Government Code,  to add to the list of relevant factors in determining
the best value for the state in preference for vendors whether the vendor
provides health benefits coverage to employees.  Redesignates existing
Subsection (9) as Subsection (10). 

SECTION 2.04.  STATE AGENCY PREFERENCE.  Amends Chapter 2155H, Government
Code, by adding Section 2155.451, as follows: 

Sec.  2155.451.  PREFERENCE FOR VENDORS THAT PROVIDE HEALTH BENEFITS
COVERAGE.  Requires the Texas Building and Procurement Commission and all
state agencies procuring goods or services to give preference to goods or
services of a vendor that demonstrates that the vendor provides health
benefits coverage to the vendor's employees if the goods or services meet
certain state specifications and the cost of the good or service does not
exceed that of vendors not demonstrating that they provide health benefits
coverage.   

ARTICLE 3.  BORDER HEALTH FOUNDATION

SECTION 3.01.  BORDER HEALTH FOUNDATION.  Amends Title 2, Subtitle E,
Health and Safety Code, by adding Chapter 112, as follows: 

CHAPTER 112.  BORDER HEALTH FOUNDATION

 Sec. 112.001.  DEFINITIONS.  Defines "board of directors" and
"foundation." 

Sec.  112.002.  CREATION OF FOUNDATION.  (a)  Requires TDH to establish
the Border Health Foundation as a nonprofit corporation that complies with
specific requirements. 

(b)  Requires TDH to ensure that the foundation operates independently of
any state agency or political subdivision of this state. 

Sec.  112.003.  POWERS AND DUTIES.  (a)  Requires the foundation to raise
money from other foundations, governmental entities, and other sources to
finance health programs in this state in areas adjacent to the border with
the United Mexican States. 

(b)  Requires the foundation to locate potential partners in the private
sector to help the state maintain or increase existing levels of financing
of health programs and activities, make the office known to potential
partners, and perform any other function necessary to carry out the
purposes of the foundation. 

(c)  Requires TDH  to review programs from all agencies under its control
to determine which projects should be available to receive money. 

(d)  Provides that the foundation has the powers necessary and convenient
to carry out its duties. 

Sec.  112.004.  ADMINISTRATION.  (a)  Provides that the foundation is
governed by a board of five directors appointed by the Texas Board of
Health from individuals recommended by the commissioner of public health. 

   (b)  Sets forth the terms of members of the board of directors.

(c)  Requires appointments to the board of directors to be made without
regard to the race, color, disability, sex, religion, age, or national
origin of the appointees. 
 
(d)  Requires the board of directors to ensure that the foundation remains
listed as an exempt organization for purpose of federal income tax.  

Sec.  112.005.  RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND
EMPLOYMENT.  (a)  Defines "Texas trade association." 

(b)  Provides the circumstances under which a person may not be a member
of the board of directors or a particular foundation employee. 

(c)  Prohibits a person that is required to register as a lobbyist on
behalf of a profession related to the operation of the foundation from
being a member of the board of directors or as general counsel to the
board of directors. 

 Sec.  112.006.  REMOVAL OF BOARD MEMBER.  (a)  Provides grounds for
removal 
 from the board of directors.

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

(c)  Requires the foundation, in its articles or bylaws, to establish the
manner in which a board member may be removed. 

Sec. 112.007.  VACANCY.  Provides the manner in which a vacancy on the
board of directors shall be filled. 

 Sec.  112.008.  OFFICERS.  Requires the board of directors to elect
necessary officers.   
 Provides that the presiding officer and assistant presiding officer serve
for one year and 
 may be reelected.

Sec.  112.009.  MEETINGS.  Requires the board of directors to meet at
least twice a year. 

Sec.  112.010.  TAX EXEMPTION.  Provides that all income, property, and
other assets of the foundation are exempt from taxation by this state and
its political subdivisions. 

Sec.  112.011.  MEMORANDUM OF UNDERSTANDING.  Requires the foundation and
TDH to enter into a memorandum of understanding relating to reporting,
staff functions, and financial contributions. 

Sec.  112.012.  FUNDING.  (a)  Authorizes TDH and certain other entities
to contract with the foundation to finance certain health programs. 

(b)  Authorizes the foundation to apply for and accept funds and to
solicit funds from private sources.  Provides that the foundation may only
accept solicited funds that are consistent with the purposes of the
foundation. 

(c)  Requires the board of directors of the foundation to manage and
approve disbursements of any kind that are the property of the foundation. 

(d)  Requires the board of directors of the foundation to manage any
capital improvements constructed, owned, or leased by the foundation and
any real property  acquired. 

Sec.  112.013.  RECORDS.  (a)  Requires the foundation to maintain
financial records and reports independently from those of TDH. 

(b)  Requires the foundation to comply with all filing requirements of the
secretary of state and the Internal Revenue Service. 

Sec.  112.014.  REPORT TO DEPARTMENT.  Requires the foundation to submit a
yearly report itemizing income and expenditures and detailing all
activities of the foundation during the preceding fiscal year by a certain
time. 

SECTION 3.02.  TRANSITION.  Requires TDH to create the Border Health
Foundation as required by this Act by June 1, 2004. 

ARTICLE 4.  EDUCATION AND RECRUITMENT OF HEALTH CARE PROFESSIONALS

SECTION 4.01.  MEDICAL EDUCATION PREPARATION.  Amends Chapter 61,
Subchapter C, Education Code,  by adding Sections 61.0902, 61.0903,
61.0904, as follows: 

Sec.  61.0902.  EXTENDED UNDERGRADUATE MEDICAL EDUCATION PREPARATION
PROGRAM.  Requires THECB to examine the use of certain undergraduate
programs to determine the feasability and effectiveness of the programs in
the education and training of physicians or other health care
professionals in this state and report the findings to the legislature not
later than December 1, 2004. 

Sec.  61.0903.  RECRUITING AND RETAINING UNDERREPRESENTED STUDENTS. (a)
Requires THECB , in coordination with institutions of higher education, to
develop a strategy coordinated to recruit and retain students from
underrepresented ethnic or racial backgrounds. 

(b)  Requires THECB and institutions of higher education to follow certain
guidelines in their coordinating efforts. 

Sec. 61.0904.  MENTORING PILOT PROGRAM.  (a) Defines "Texas-Mexico border
region." 

(b) Requires THECB to collaborate with the Texas Education Agency (TEA) to
establish a mentoring pilot program in which health care professionals or
students in undergraduate or graduate health science technology and
related programs mentor secondary school students in the Texas-Mexico
border region enrolled in health science technology and related courses.
Specifies that the program foster student awarenes of health professions
and encourage them to pursue and education and career therein, that leads
to entering a practice in the Texas-Mexico border region. 

(c) Requires THECB to provide mentoring programs at three high schools the
first year and at three additional schools the second year.  Requires
THECB, if THECB deems the program successful, to expand it throughout the
Texas-Mexico border region as possible. 

(d) Authorizes expanding existing mentoring programs to provide mentoring
opportunities under the pilot program. 

(e) Requires participating entities to track mentored students, as
possible, to assess the success of the mentoring. 
 
(f) Requires TEA to encourage school district participation.

SECTION 4.02.  PUBLIC SCHOOL PROGRAMS.  Amends Chapter 29, Subchapter F,
Education Code, by adding Section 29.187, as follows: 

Sec.  29.187.  SUMMER STUDY SCIENCE PROGRAMS FOR UNDERREPRESENTED
STUDENTS.  Requires TEA to establish a statewide network of summer study
science instruction programs for underrepresented students from ethnic or
racial groups in the fields of science and medicine. 

SECTION 4.03.  ASSESSMENT OF HEALTH SCIENCE TECHNOLOGY AND COLLEGE
PREPARATION PROGRAMS IN THE BORDER REGION.  (a) Defines "Texas-Mexico
border region." 

(b)  Requires each school district in the Texas-Mexico border region to
assesss the adequacy of existing, and the need for additional, health
science technology and college preperatory courses and programs in its
secondary schools and to submit the results to TEA.  Requires TEA to
compile the assessments and submit the compliation to certain elected
officials not later than September 1, 2004. 

(c) Provides that this section expires January 1, 2005. 

ARTICLE 5.  EFFECTIVE DATE
    
SECTION 5.01.  EFFECTIVE DATE.  Effective date:  September 1, 2003.

SUMMARY OF COMMITTEE CHANGES

Relating clause differs from the original by omitting the words "providing
a penalty." 

Differs from the original by deleting original Articles 2 (Immunizations),
3 (Promotoras), and 7 (Office of State-Federal Relations) and
redesignating original Article 4 as Article 2, Article 5 as Article 3, and
Article 6 as Article 5.  Sections within affected articles are
redesignated accordingly. 

Differs from the original in Article 2 by adding Sections 2.01 and 2.02.

Differs from the original in Article 4 in Section 61.092 by requiring
THECB to report findings rather than implement programs, and by adding
Sections 61.0904 and SECTION 4.03.