78R9571 YDB-F
By:  Chavez                                                       H.B. No. 2450
Substitute the following for H.B. No. 2450:                                   
By:  Griggs                                                   C.S.H.B. No. 2450
A BILL TO BE ENTITLED
AN ACT
relating to creating a foundation to finance health programs in the 
border counties of this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subtitle E, Title 2, Health and Safety Code, is 
amended by adding Chapter 112 to read as follows:
CHAPTER 112.  BORDER FOUNDATION
	Sec. 112.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Board of directors" means the board of directors 
of the Border Foundation.
		(2)  "Foundation" means the Border Foundation.                         
	Sec. 112.002.  CREATION OF FOUNDATION.  (a)  The Office of 
Border Health within the department shall establish the Border 
Foundation as a nonprofit corporation that complies with the Texas 
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's 
Texas Civil Statutes), except as otherwise provided by this 
chapter, and qualifies as an organization exempt from federal 
income tax under Section 501(c)(3), Internal Revenue Code of 1986, 
as amended.
	(b)  The Office of Border Health shall ensure that the 
foundation operates independently of any state agency or political 
subdivision of this state.
	Sec. 112.003.  POWERS AND DUTIES.  (a)  The foundation shall 
raise money from other foundations, governmental entities, and 
other sources to finance health programs in this state in the 
counties adjacent to the border with the United Mexican States.
	(b)  The foundation has the powers necessary and convenient 
to carry out its duties.
	(c)  The foundation shall develop and implement policies and 
procedures that clearly separate the responsibilities and 
activities of the foundation from the Office of Border Health.
	(d)  The foundation shall cooperate with the Rural 
Foundation to coordinate projects in counties that are rural and 
adjacent to the border with the United Mexican States.
	Sec. 112.004.  BOARD OF DIRECTORS.  (a)  The foundation is 
governed by a board of five directors appointed by the Texas Board 
of Health from individuals recommended by the executive director of 
the Office of Border Health.
	(b)  Members of the board of directors serve for staggered 
terms of six years, with as near as possible to one-third of the 
members' terms expiring February 1 of each odd-numbered year.
	(c)  Appointments to the board of directors shall be made 
without regard to the race, color, disability, sex, religion, age, 
or national origin of the appointees.
	(d)  The board of directors shall ensure that the foundation 
remains eligible for an exemption from federal income tax under 
Section 501(a), Internal Revenue Code of 1986, as amended, by being 
listed as an exempt organization under Section 501(c)(3) of that 
code, as amended.
	Sec. 112.005.  RESTRICTIONS ON BOARD APPOINTMENT, 
MEMBERSHIP, AND EMPLOYMENT.  (a)  In this section, "Texas trade 
association" means a cooperative and voluntarily joined 
association of business or professional competitors in this state 
designed to assist its members and its industry or profession in 
dealing with mutual business or professional problems and in 
promoting their common interest.
	(b)  A person may not be a member of the  board of directors 
and may not be a foundation employee employed in a "bona fide 
executive, administrative, or professional capacity," as that 
phrase is used for purposes of establishing an exemption to the 
overtime provisions of the federal Fair Labor Standards Act of 1938 
(29 U.S.C. Section 201 et seq.), as amended, if:
		(1)  the person is an officer, employee, or paid 
consultant of a Texas trade association in the field of health care; 
or
		(2)  the person's spouse is an officer, manager, or paid 
consultant of a Texas trade association in the field of health care.
	(c)  A person may not be a member of the board of directors or 
act as the general counsel to the board of directors or the 
foundation 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 the foundation.
	Sec. 112.006.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground 
for removal from the board of directors that a member:
		(1)  is ineligible for membership under Section 
112.005;             
		(2)  cannot, because of illness or disability, 
discharge the member's duties for a substantial part of the member's 
term; or
		(3)  is absent from more than half of the regularly 
scheduled board meetings that the member is eligible to attend 
during a calendar year without an excuse approved by  a majority 
vote of the board of directors.
	(b)  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)  If the executive director of the Office of Border Health 
has knowledge that a potential ground for removal exists, the 
executive director shall notify the presiding officer of the board 
of directors of the potential ground.  The presiding officer shall 
then notify the governor and the attorney general that a potential 
ground for removal exists.  If the potential ground for removal 
involves the presiding officer, the executive director shall notify 
the next highest ranking officer of the board of directors, who 
shall then notify the governor and the attorney general that a 
potential ground for removal exists.
	Sec. 112.007.  VACANCY.  A vacancy on the board of directors 
shall be filled for the remainder of the unexpired term in the same 
manner as the original appointment.
	Sec. 112.008.  OFFICERS.  The board of directors shall elect 
from among its members a presiding officer, an assistant presiding 
officer, and other officers the board considers necessary.  The 
presiding officer and assistant presiding officer serve for a 
period of one year and may be reelected.
	Sec. 112.009.  MEETINGS.  The board of directors may meet as 
often as necessary, but shall meet at least twice a year.
	Sec. 112.010.  TAX EXEMPTION.  All income, property, and 
other assets of the foundation are exempt from taxation by this 
state and political subdivisions of this state.
	Sec. 112.011.  MEMORANDUM OF UNDERSTANDING.  The foundation 
and the Office of Border Health shall enter into a memorandum of 
understanding that:
		(1)  requires the board of directors and staff of the 
foundation to report to the executive director of the Office of 
Border Health;
		(2)  allows the Office of Border Health to provide 
staff functions to the foundation;
		(3)  allows the Office of Border Health to expend funds 
on the foundation; and
		(4)  outlines the financial contributions to be made to 
the foundation from funds obtained from grants and other sources.
	Sec. 112.012.  RECORDS.  (a)  The foundation shall maintain 
financial records and reports independently from those of the 
Office of Border Health.
	(b)  The foundation shall comply with all filing 
requirements of the secretary of state and the Internal Revenue 
Service.
	Sec. 112.013.  REPORT TO OFFICE OF BORDER HEALTH.  Not later 
than the 60th day after the last day of the fiscal year, the 
foundation shall submit to the Office of Border Health a report 
itemizing all income and expenditures and describing all activities 
of the foundation during the preceding fiscal year.
	SECTION 2.  (a)  The Office of Border Health within the Texas 
Department of Health shall create the Border Foundation not later 
than June 1, 2004.
	(b)  In making the initial appointments to the board of 
directors of the Border Foundation as required by Section 112.004, 
Health and Safety Code, as added by this Act, the Texas Board of 
Health shall designate two members for terms expiring February 1, 
2005, two members for terms expiring February 1, 2007, and one 
member for a term expiring February 1, 2009.
	SECTION 3.  This Act takes effect September 1, 2003.