78R11863 KKA-D


By:  Miller                                                       H.B. No. 1090

Substitute the following for H.B. No. 1090:                                   

By:  Uresti                                                   C.S.H.B. No. 1090



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Texas Department on Aging to 
establish a prescription drug information and assistance program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 101, Human Resources Code, 
is amended by adding Section 101.034 to read as follows:
	Sec. 101.034.  TEXAS CARES PROGRAM.  (a)  The department by 
rule may establish and operate a Texas Cares program to provide 
persons eligible for discount drug price programs offered by 
pharmaceutical companies with:
		(1)  information regarding the availability of those 
programs; and   
		(2)  in appropriate circumstances, assistance in 
enrolling in those programs.
	(b)  The department may solicit and accept gifts, grants, and 
donations from any source to use in funding the Texas Cares program.
	(c)  The department shall design the Texas Cares program to 
meet the primary goal of increasing awareness in appropriate 
populations of the availability of discount drug price programs 
offered by pharmaceutical companies.  To the extent that adequate 
resources are available, the department shall:
		(1)  make information regarding discount drug price 
programs readily available on the department's Internet site;
		(2)  maintain a toll-free telephone number through 
which a person may obtain information regarding discount drug price 
programs; and
		(3)  make brochures or other written informational 
materials regarding discount drug price programs available on 
request by a pharmacist, physician, representative of an 
organization serving senior citizens, or other interested person.
	(d)  The department may:                                                
		(1)  conduct community outreach and education 
activities to increase awareness of the availability of discount 
drug price programs offered by pharmaceutical companies;
		(2)  solicit and train volunteers to perform functions 
associated with the Texas Cares program, including:
			(A)  providing assistance to eligible persons in 
enrolling in discount drug price programs offered by pharmaceutical 
companies; and
			(B)  conducting community outreach and education 
activities; and    
		(3)  coordinate operation of the Texas Cares program 
with the activities of area agencies on aging.
	SECTION 2.  This Act takes effect immediately if it 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 
Act takes effect September 1, 2003.