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By:  Shapleigh                                                    S.B. No. 342
	(In the Senate - Filed February 3, 2003; February 11, 2003, 
read first time and referred to Committee on State Affairs; 
April 3, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 7, Nays 0; April 3, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 342                                    By:  Ellis

A BILL TO BE ENTITLED
AN ACT
relating to health care for certain Texans. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE AND PURPOSE
SECTION 1.01. SHORT TITLE. This Act may be known as the Texas Health Improvement Act. SECTION 1.02. PURPOSE. All residents of this state are entitled to equal treatment and access to services by the government of this state. However, because many of this state's Hispanic residents live in economically disadvantaged areas, the health and well-being of this population is compromised. All but two of the 43 border counties, including every county on the Rio Grande, are federally designated health profession shortage areas. To remedy disparities of this nature, it is necessary to increase and improve resources directed to people of Hispanic origin to help achieve equality among all residents of this state and to facilitate the quality of life that all Texans deserve. The purpose of this Act is to promote development of the health infrastructure that serves the citizens of Texas and improve the health of Hispanic Texans, who are an integral part of this state.
ARTICLE 2. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH BENEFITS COVERAGE FOR EMPLOYEES
SECTION 2.01. SCHOOL DISTRICT CONTRACT CONSIDERATIONS. Subsection (b), Section 44.031, Education Code, is amended to read as follows: (b) Except as provided by this subchapter, in determining to whom to award a contract, the district may consider: (1) the purchase price; (2) the reputation of the vendor and of the vendor's goods or services; (3) the quality of the vendor's goods or services; (4) the extent to which the goods or services meet the district's needs; (5) the vendor's past relationship with the district; (6) the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; (7) the total long-term cost to the district to acquire the vendor's goods or services; [and] (8) whether the vendor provides health benefits coverage to employees; and (9) any other relevant factor specifically listed in the request for bids or proposals. SECTION 2.02. SCHOOL DISTRICT PREFERENCE. Subchapter B, Chapter 44, Education Code, is amended by adding Section 44.0421 to read as follows: Sec. 44.0421. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH BENEFITS COVERAGE. A district procuring goods or services shall give preference to goods or services of a vendor that demonstrates that the vendor provides health benefits coverage to the vendor's employees if: (1) the goods or services meet district specifications regarding quantity and quality; and (2) the cost of the good or service does not exceed the cost of other similar goods or services that are produced by a vendor that does not demonstrate that the vendor provides health benefits coverage to the vendor's employees. SECTION 2.03. BEST VALUE CONSIDERATION. Subsection (b), Section 2155.074, Government Code, is amended to read as follows: (b) In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations. However, the commission or other state agency may, subject to Subsection (c) and Section 2155.075, consider other relevant factors, including: (1) installation costs; (2) life cycle costs; (3) the quality and reliability of the goods and services; (4) the delivery terms; (5) indicators of probable vendor performance under the contract such as past vendor performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support; (6) the cost of any employee training associated with a purchase; (7) the effect of a purchase on agency productivity; (8) the vendor's anticipated economic impact to the state or a subdivision of the state, including potential tax revenue and employment; (9) whether the vendor provides health benefits coverage to employees; and (10) [(9)] other factors relevant to determining the best value for the state in the context of a particular purchase. SECTION 2.04. STATE AGENCY PREFERENCE. Subchapter H, Chapter 2155, Government Code, is amended by adding Section 2155.451 to read as follows: Sec. 2155.451. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH BENEFITS COVERAGE. The commission and all state agencies procuring goods or services shall give preference to goods or services of a vendor that demonstrates that the vendor provides health benefits coverage to the vendor's employees if: (1) the goods or services meet state specifications regarding quantity and quality; and (2) the cost of the good or service does not exceed the cost of other similar goods or services that are produced by a vendor that does not demonstrate that the vendor provides health benefits coverage to the vendor's employees.
ARTICLE 3. BORDER HEALTH FOUNDATION
SECTION 3.01. BORDER HEALTH FOUNDATION. Subtitle E, Title 2, Health and Safety Code, is amended by adding Chapter 112 to read as follows:
CHAPTER 112. BORDER HEALTH FOUNDATION
Sec. 112.001. DEFINITIONS. In this chapter: (1) "Board of directors" means the board of directors of the Border Health Foundation. (2) "Foundation" means the Border Health Foundation. Sec. 112.002. CREATION OF FOUNDATION. (a) The department shall establish the Border Health 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 department 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 areas adjacent to the border with the United Mexican States. (b) The foundation shall: (1) identify and seek potential partners in the private sector that will afford this state the opportunity to maintain or increase the existing levels of financing of health programs and activities; (2) engage in outreach efforts to make the existence of the office known to potential partners throughout this state; and (3) perform any other function necessary to carry out the purposes of this section. (c) The department shall review programs from all agencies under its control to determine which projects should be available to receive money under Subsection (a). (d) The foundation has the powers necessary and convenient to carry out its duties. Sec. 112.004. ADMINISTRATION. (a) The foundation is governed by a board of five directors appointed by the Texas Board of Health from individuals recommended by the commissioner. (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 every two years. (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) The foundation in its articles or bylaws shall establish the manner in which a board member may be removed under this section and may establish other grounds for removal of a member. 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 provided in Section 112.004(a). Sec. 112.008. OFFICERS. The board of directors shall elect from among its members a presiding officer, an assistant presiding officer, and other necessary officers. 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 department shall enter into a memorandum of understanding that: (1) requires the board of directors and staff of the foundation to report to the commissioner and department; (2) allows the department to provide staff functions to the foundation; and (3) outlines the financial contributions to be made to the foundation from funds obtained from grants and other sources. Sec. 112.012. FUNDING. (a) The department, another agency of this state, including an institution of higher education as defined by Section 61.003, Education Code, or a political subdivision of this state may contract with the foundation to finance, on behalf of the department, agency, or political subdivision, health programs described by Section 112.003. (b) The foundation may apply for and accept funds from the federal government or any other public or private entity. The foundation or any member of the foundation may also solicit and accept pledges, gifts, and endowments from private sources on the foundation's behalf. The foundation may only accept a pledge, gift, or endowment solicited under this section that is consistent with the purposes of the foundation. (c) The board of directors of the foundation shall manage and approve disbursements of funds, pledges, gifts, and endowments that are the property of the foundation. (d) The board of directors of the foundation shall manage any capital improvements constructed, owned, or leased by the foundation and any real property acquired by the foundation. Sec. 112.013. RECORDS. (a) The foundation shall maintain financial records and reports independently from those of the department. (b) The foundation shall comply with all filing requirements of the secretary of state and the Internal Revenue Service. Sec. 112.014. REPORT TO DEPARTMENT. Not later than the 60th day after the last day of the fiscal year, the foundation shall submit to the department a report itemizing all income and expenditures and describing all activities of the foundation during the preceding fiscal year. SECTION 3.02. TRANSITION. The Texas Department of Health shall create the Border Health Foundation as required by this Act not later than June 1, 2004.
ARTICLE 4. EDUCATION AND RECRUITMENT OF
HEALTH CARE PROFESSIONALS
SECTION 4.01. MEDICAL EDUCATION PREPARATION. Subchapter C, Chapter 61, Education Code, is amended by adding Sections 61.0902, 61.0903, and 61.0904 to read as follows: Sec. 61.0902. EXTENDED UNDERGRADUATE MEDICAL EDUCATION PREPARATION PROGRAM. The board shall examine the use of undergraduate programs that require more than four years of undergraduate course work to prepare students for graduate medical education to determine whether such a program would be feasible or effective in institutions of higher education in this state. Not later than December 1, 2004, the board shall report to the legislature the board's determination whether extended undergraduate medical education preparation programs may be effective in the education and training of physicians or other health care professionals in this state. Sec. 61.0903. RECRUITING AND RETAINING UNDERREPRESENTED STUDENTS. (a) The board, in coordination with institutions of higher education, shall develop a strategy to coordinate recruitment and retention of students from ethnic or racial backgrounds that are underrepresented in institutions of higher education in this state. (b) In coordinating efforts under this section, the board and institutions of higher education shall: (1) identify best practices in recruitment and retention efforts; and (2) create regional joint programs to eliminate duplicate or overlapping recruitment and retention programs. Sec. 61.0904. MENTORING PILOT PROGRAM. (a) In this section, "Texas-Mexico border region" has the meaning assigned by Section 2056.002, Government Code. (b) The board shall collaborate with the Texas Education Agency to establish a pilot program to provide opportunities for secondary school students in the Texas-Mexico border region who are enrolled in health science technology and related courses to be mentored by health care professionals or students enrolled in undergraduate or graduate health science technology programs or related programs. The pilot program should be designed to foster student awareness of the health professions and encourage students to pursue an education leading to a career in the health professions and to enter into practice in the Texas-Mexico border region. (c) The board shall provide mentoring opportunities at three high schools in the pilot program's first year and add three additional secondary schools in the second year. If the board determines that the pilot program is successful, the board, to the extent possible, shall expand the program throughout the Texas-Mexico border region. (d) Mentoring opportunities under the pilot program may be provided by expanding existing mentoring programs. (e) The entities participating in the pilot program shall track, to the extent possible, students who are mentored to assess the success of the mentoring efforts. (f) The Texas Education Agency shall encourage school districts to participate in the pilot program. SECTION 4.02. PUBLIC SCHOOL PROGRAMS. Subchapter F, Chapter 29, Education Code, is amended by adding Section 29.187 to read as follows: Sec. 29.187. SUMMER STUDY SCIENCE PROGRAMS FOR UNDERREPRESENTED STUDENTS. The agency shall establish a statewide network of summer study science instruction programs for students from ethnic or racial groups that are underrepresented in the fields of science and medicine. SECTION 4.03. ASSESSMENT OF HEALTH SCIENCE TECHNOLOGY AND COLLEGE PREPARATION PROGRAMS IN BORDER REGION. (a) In this section, "Texas-Mexico border region" has the meaning assigned by Section 2056.002, Government Code. (b) Each school district in the Texas-Mexico border region shall assess the adequacy of existing health science technology and college preparatory courses and programs in the district's secondary schools and the need to establish additional health science technology and college preparatory courses and programs in those schools. Each district shall submit the results of the assessment to the Texas Education Agency. The Texas Education Agency shall compile the assessments conducted under this subsection and submit the compilation to the governor, the lieutenant governor, and the speaker of the house of representatives not later than September 1, 2004. (c) This section expires January 1, 2005.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. EFFECTIVE DATE. This Act takes effect September 1, 2003.
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