By:  Lucio                                                        S.B. No. 1737


A BILL TO BE ENTITLED

AN ACT

relating to the Border Health Foundation.                                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 112.003, Health and Safety Code is 
amended to read as follows:
	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
area; 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.
	SECTION 2.  Section 112.004, Health and Safety Code is 
amended to read as follows:
	Sec. 112.004.  ADMINISTRATION.  (a)  The foundation is 
governed by a board of five directors initially appointed by the 
Texas Board of Health from individuals recommended by the 
commissioner.  Subsequent vacancies shall be filled by a vote of the 
board of directors of the foundation.
	(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.
	SECTION 3.  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, 2005.