78R9583 MCK-D
By: Chavez H.B. No. 3297
Substitute the following for H.B. No. 3297:
By: Griggs C.S.H.B. No. 3297
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Office of Rural and Border
Community Affairs and creating a foundation to finance border
health programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The chapter heading for Chapter 487, Government
Code, is amended to read as follows:
CHAPTER 487. OFFICE OF RURAL AND BORDER COMMUNITY AFFAIRS
SECTION 2. Section 487.001, Government Code, is amended to
read as follows:
Sec. 487.001. DEFINITIONS. In this chapter:
(1) "Executive committee" means the executive
committee of the Office of Rural and Border Community Affairs.
(2) "Office" means the Office of Rural and Border
Community Affairs.
SECTION 3. Section 487.002, Government Code, is amended to
read as follows:
Sec. 487.002. SUNSET PROVISION. The Office of Rural and
Border Community Affairs is subject to Chapter 325 (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the office is abolished and this chapter expires September 1, 2007.
SECTION 4. Section 487.021(c), Government Code, is amended
to read as follows:
(c) The governor, the lieutenant governor, and the speaker
of the house of representatives shall each appoint at least two
members who possess a strong understanding of and commitment to
rural or border interests based on the individual's personal
history, including residency, occupation, and business or civic
activities.
SECTION 5. Section 487.022(b), Government Code, is amended
to read as follows:
(b) A person may not be a member of the executive committee
and may not be an office 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.) and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of rural or
border affairs; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of rural or
border affairs.
SECTION 6. Section 487.051, Government Code, is amended to
read as follows:
Sec. 487.051. POWERS AND DUTIES. The office shall:
(1) develop a rural and border policy for the state in
consultation with local leaders representing all facets of rural
and border community life, academic and industry experts, and
state elected and appointed officials with interests in rural and
border communities;
(2) work with other state agencies and officials to
improve the results and the cost-effectiveness of state programs
affecting rural and border communities through coordination of
efforts;
(3) develop programs to improve the leadership
capacity of rural and border community leaders;
(4) monitor developments that have a substantial
effect on rural and border Texas communities, especially actions
of state government, and compile an annual report describing and
evaluating the condition of rural communities;
(5) administer the federal community development
block grant nonentitlement program;
(6) administer programs supporting rural health care
as provided by Subchapters D-H;
(7) perform research to determine the most beneficial
and cost-effective ways to improve the welfare of rural and border
communities;
(8) ensure that the office qualifies as the state's
office of rural health for the purpose of receiving grants from the
Office of Rural Health Policy of the United States Department of
Health and Human Services under 42 U.S.C. Section 254r; and
(9) manage the state's Medicare rural hospital
flexibility program under 42 U.S.C. Section 1395i-4.
SECTION 7. The section heading for Section 487.054,
Government Code, is amended to read as follows:
Sec. 487.054. ANNUAL MEETING ON RURAL AND BORDER ISSUES.
SECTION 8. Section 487.054(a), Government Code, is amended
to read as follows:
(a) At least once each year, the following agency heads
shall meet to discuss rural and border issues:
(1) the commissioner of agriculture;
(2) the executive director of the Public Utility
Commission of Texas;
(3) the director of the Texas Agricultural Extension
Service;
(4) the presiding officer of the Telecommunications
Infrastructure Fund Board;
(5) the executive director of the Texas Department of
Housing and Community Affairs;
(6) the commissioner of health;
(7) the executive administrator of the Texas Water
Development Board;
(8) the executive director of the Parks and Wildlife
Department;
(9) the commissioner of human services;
(10) the commissioner of higher education;
(11) the comptroller; and
(12) the executive director of the Texas Department of
Transportation.
SECTION 9. Section 487.056, Government Code, is amended to
read as follows:
Sec. 487.056. REPORT TO LEGISLATURE. Not later than
January 1 of each odd-numbered year, the office shall submit a
biennial report to the legislature regarding the activities of the
office and any findings and recommendations relating to rural and
border issues.
SECTION 10. 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. CREATION OF FOUNDATION. (a) The Office of
Border Health of the Texas Department of Health 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 Border
Foundation operates independently of any state agency or political
subdivision of the state.
Sec. 112.002. POWERS AND DUTIES. (a) The Border Foundation
shall raise money from foundations, governmental entities, and
other sources to finance health programs in the Texas counties that
border Mexico.
(b) The Border Foundation shall have the powers that are
necessary and convenient to carry out its duties.
(c) The Border 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 Border Foundation shall cooperate with the Rural
Foundation to coordinate projects in counties that are both rural
and border Mexico.
Sec. 112.003. BOARD OF DIRECTORS. (a) The Border
Foundation is governed by a board of five directors appointed by the
board from individuals recommended by the director of the Office of
Border Health.
(b) Members of the board of directors of the Border
Foundation 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 of the Border
Foundation shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
(d) The board of directors of the Border Foundation 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. 112.004. 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 own interest.
(b) A person may not be a member of the board of directors of
the Border Foundation 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 of
the Border Foundation 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. 112.005. REMOVAL OF BOARD MEMBER. (a) It is a ground
for removal from the board of directors of the Border Foundation
that a member:
(1) is ineligible for membership under Section
112.004;
(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 of
the Border Foundation is not affected by the fact that it is taken
when a ground for removal of a board member exists.
(c) If the director of the Office of Border Health has
knowledge that a potential ground for removal exists, the director
shall notify the presiding officer of the board of directors of the
Border Foundation 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 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. 112.006. VACANCY. A vacancy on the board of directors
of the Border Foundation shall be filled for the remainder of the
unexpired term in the same manner as the original appointment.
Sec. 112.007. OFFICERS. The board of directors of the
Border Foundation 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. 112.008. MEETINGS. The board of directors of the
Border Foundation may meet as often as necessary, but shall meet at
least twice a year.
Sec. 112.009. TAX EXEMPTION. All income, property, and
other assets of the Border Foundation are exempt from taxation by
the state and political subdivisions of the state.
Sec. 112.010. MEMORANDUM OF UNDERSTANDING. The Border
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 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. 112.011. RECORDS. (a) The Border Foundation shall
maintain financial records and reports independently from those of
the Office of Border Health.
(b) The Border Foundation shall comply with all filing
requirements of the secretary of state and the Internal Revenue
Service.
Sec. 112.012. REPORT TO OFFICE OF BORDER HEALTH. Not later
than the 60th day after the last day of the fiscal year, the Border
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 11. Sections 51.918(a) and (c), Education Code, are
amended to read as follows:
(a) The Texas Higher Education Coordinating Board, the
Office of Rural and Border Community Affairs, medical schools,
nursing schools, and schools of allied health sciences shall
cooperate to improve and expand programs for rural areas.
(c) The Office of Rural and Border Community Affairs shall
develop relief service programs for rural physicians and allied
health personnel to facilitate ready access to continuing medical
education as well as to provide practice coverage for purposes
other than continuing medical education.
SECTION 12. Section 58.007, Education Code, is amended to
read as follows:
Sec. 58.007. ADVISORY COMMITTEE. (1) The Primary Care
Residency Advisory Committee is created and shall consist of 12
members as follows:
(A) seven members shall be licensed physicians,
one appointed by each of the following:
(i) the Texas Medical Association;
(ii) the Texas Osteopathic Medical
Association;
(iii) the Texas Academy of Family
Physicians;
(iv) the Texas Society of the American
College of Osteopathic Family Physicians;
(v) the Texas Society of Internal Medicine;
(vi) the Texas Pediatric Society; and
(vii) the Texas Association of
Obstetricians and Gynecologists;
(B) one member shall be appointed by the Office
of Rural and Border Community Affairs;
(C) one member shall be appointed by the Bureau
of Community Oriented Primary Care at the Texas Department of
Health; and
(D) three members shall be members of the public,
one appointed by each of the following:
(i) the governor;
(ii) the lieutenant governor; and
(iii) the speaker of the house of
representatives.
SECTION 13. Section 403.1065(c), Government Code, is
amended to read as follows:
(c) The available earnings of the fund may be appropriated
to the Office of Rural and Border Community Affairs for the purposes
of Subchapter H, Chapter 487.
SECTION 14. Section 2306.806, Government Code, is amended
to read as follows:
Sec. 2306.806. APPROVAL OF OFFICE OF RURAL AND BORDER
COMMUNITY AFFAIRS. The department must obtain the approval of the
executive director of the Office of Rural and Border Community
Affairs to guarantee loans as described by Section 2306.805(c).
SECTION 15. Section 86.011, Health and Safety Code, is
amended to read as follows:
Sec. 86.011. BREAST CANCER SCREENING. (a) The Office of
Rural and Border Community Affairs may provide for breast cancer
screening in counties with a population of 50,000 or less.
(b) The Office of Rural and Border Community Affairs may
provide the breast cancer screening through contracts with public
or private entities to provide mobile units and on-site screening
services.
(c) The Office of Rural and Border Community Affairs shall
coordinate the breast cancer screening with programs administered
by the Texas Cancer Council.
SECTION 16. Sections 204.104(b) and (c), Occupations Code,
are amended to read as follows:
(b) The Office of Rural and Border Community Affairs shall
establish policies for and adopt rules to administer the loan
program.
(c) The physician assistant board shall authorize and the
medical board shall transfer annually the funds designated under
Subsection (a) to the Office of Rural and Border Community Affairs
to administer the loan program.
SECTION 17. (a) The Office of Border Health of 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 under Chapter 112, 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 18. This Act takes effect September 1, 2003.