79R4157 MSE-F

By:  Thompson                                                     H.B. No. 1486

relating to the creation, powers, and duties of a cervical cancer task force. 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 113 to read as follows:
Sec. 113.001. DEFINITIONS. In this chapter: (1) "Department" means the Department of State Health Services. (2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (3) "Task force" means the cervical cancer task force established under this chapter. Sec. 113.002. DUTIES. The task force shall: (1) study the prevalence and burden of cervical cancer; (2) promote public awareness on the causes and nature of cervical cancer, personal risk factors, the value of prevention and early detection, options for testing, treatment costs, new technology, medical care reimbursement, and physician education; (3) examine new and emerging medicines, including vaccines, that are being developed in an effort to prevent, control, and cure cervical cancer; (4) identify and examine the limitations of existing programs, services, and laws relating to cervical cancer awareness and the availability of health insurance coverage and public services for the diagnosis and treatment of cervical cancer; (5) develop a statewide comprehensive Cervical Cancer Prevention Plan and strategies to implement and promote the plan; (6) facilitate coordination and communication among state and local agencies and organizations in achieving the goals of the Cervical Cancer Prevention Plan; and (7) receive reports and testimony from individuals, local health departments, community-based organizations, and other public and private organizations to gather input on their contributions to and ideas for improving cervical cancer diagnosis, prevention, and treatment. Sec. 113.003. POWERS. To implement this section, the task force may: (1) apply for, receive, accept, and administer gifts, grants, and other funds available from any source; and (2) contract with the federal government, the state, interstate agencies, local governmental agencies, and private entities. Sec. 113.004. REPORT. Not later than October 15 of each even-numbered year, the task force shall submit a report to the governor, lieutenant governor, and speaker of the house of representatives stating: (1) the progress of the task force in accomplishing the goals described by Section 113.002; and (2) recommendations for legislation and rule changes. Sec. 113.005. COMPOSITION. (a) The task force consists of nine members as follows: (1) three members appointed by the governor, including: (A) one public member; (B) one tenured professor at a medical school or teaching hospital in this state; and (C) one representative of the health insurance industry; (2) three members appointed by the lieutenant governor, including: (A) one state senator; (B) one representative of a women's health organization; and (C) one member in good standing of the American College of Obstetricians and Gynecologists; and (3) three members appointed by the speaker of the house of representatives, including: (A) one member of the house of representatives; (B) one licensed physician whose practice includes oncology; and (C) one representative of a cancer support, education, or prevention organization, or a researcher who has published one or more articles on cervical cancer in a medical journal. (b) The task force shall elect a presiding officer by a majority of the membership of the task force. (c) Members serve staggered two-year terms. Four or five members' terms expire February 1 of each year. (d) An appointment to fill a vacancy for the unexpired term of a member shall be made not later than the 90th day after the date the position becomes vacant. Sec. 113.006. MEETINGS. The task force shall meet at the call of the presiding officer. Sec. 113.007. REIMBURSEMENT FOR EXPENSES. A task force member is not entitled to compensation but is entitled to reimbursement for the member's travel expenses as provided by Chapter 660, Government Code, and the General Appropriations Act. Sec. 113.008. PERSONNEL AND FACILITIES. (a) The task force is administratively attached to the department. (b) The executive commissioner shall appoint a director to staff the task force. (c) The department shall provide the necessary staff to assist the director in performing the task force's duties. Sec. 113.009. APPLICABILITY OF OTHER LAW. Chapter 2110, Government Code, does not apply to the task force. Sec. 113.010. EXPIRATION. This chapter expires and the task force is abolished October 16, 2008. SECTION 2. (a) Not later than November 1, 2005, members shall be appointed to the cervical cancer task force as required by Section 113.005, Health and Safety Code, as added by this Act. The terms of the initial members of the task force shall be determined by lot so that: (1) five members' terms expire February 1, 2006; and (2) four members' terms expire February 1, 2007. (b) Not later than December 31, 2005, the cervical cancer task force shall meet as required by Section 113.006, Health and Safety Code, as added by this Act. SECTION 3. This Act takes effect September 1, 2005.