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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the continuation and functions of the Office of Rural |
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Community Affairs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 487.001(1), Government Code, is amended |
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to read as follows: |
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(1) "Board" ["Executive committee"] means the board |
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[executive committee] of the Office of Rural Community Affairs. |
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SECTION 2. Section 487.002, Government Code, is amended to |
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read as follows: |
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Sec. 487.002. SUNSET PROVISION. The Office of Rural |
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Community Affairs is subject to Chapter 325 (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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office is abolished and this chapter expires September 1, 2015 |
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[2007]. |
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SECTION 3. Section 487.021, Government Code, is amended to |
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read as follows: |
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Sec. 487.021. BOARD [EXECUTIVE COMMITTEE]. (a) The board |
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[executive committee] is the governing body of the office. |
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(b) The board [executive committee] is composed of the |
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following 11 [nine] members: |
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(1) four [three] members who represent different |
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geographic regions of the state appointed by the governor, |
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including: |
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(A) two locally elected rural city or county |
|
officials or city or county employees involved with rural |
|
development; and |
|
(B) two public members each of whom resides in a |
|
rural city or county; |
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(2) three members appointed by the lieutenant |
|
governor, including: |
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(A) one senator who resides in a rural city or |
|
county; and |
|
(B) two public members each of whom resides in a |
|
rural city or county and is interested in rural issues; [and] |
|
(3) three members appointed by the speaker of the |
|
house of representatives, including: |
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(A) one member of the house of representatives |
|
who resides in a rural city or county; and |
|
(B) two public members each of whom resides in a |
|
rural city or county and is interested in rural issues; and |
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(4) the commissioner of agriculture or the |
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commissioner's designee. |
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(b-1) The two board members who are members of the |
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legislature are nonvoting members. |
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(c) In this section, "rural city or county" means a rural |
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city or county as defined by the federal community development |
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block grant nonentitlement program. [The governor, the lieutenant
|
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governor, and the speaker of the house of representatives shall
|
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each appoint at least two members who possess a strong
|
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understanding of and commitment to rural interests based on the
|
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individual's personal history, including residency, occupation,
|
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and business or civic activities.] |
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(d) Appointments to the board [executive committee] shall |
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be made without regard to the race, color, disability, sex, |
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religion, age, or national origin of the appointees. |
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(e) The members of the board who are not serving as an |
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additional duty of an office in state government [executive
|
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committee] serve for staggered six-year terms, with the terms of |
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two or three members expiring February 1 of each odd-numbered year. |
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A member of the legislature serves at the will of the appointing |
|
authority. |
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(f) Board [Executive committee] members receive no |
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compensation but are entitled to reimbursement of actual and |
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necessary expenses incurred in the performance of their duties. |
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(g) The governor shall designate a member [The members] of |
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the board as the [executive committee annually shall elect a] |
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presiding officer [from among the members] of the board to serve in |
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that capacity at the will of the governor [executive committee]. |
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(h) Service on the board by a member of the legislature, the |
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commissioner of agriculture, or an officer of a county or |
|
municipality is an additional duty of the individual's office. |
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SECTION 4. Sections 487.022(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) A person may not be a member of the board [executive
|
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committee] and may not be an office employee employed in a "bona |
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fide executive, administrative, or professional capacity," as that |
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phrase is used for purposes of establishing an exemption to the |
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overtime provisions of the federal Fair Labor Standards Act of 1938 |
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(29 U.S.C. Section 201 et seq.) and its subsequent amendments, if: |
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(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of rural |
|
affairs; or |
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(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of rural |
|
affairs. |
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(c) A person may not be a member of the board [executive
|
|
committee] or act as the general counsel to the board [executive
|
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committee] or the office if the person is required to register as a |
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lobbyist under Chapter 305 because of the person's activities for |
|
compensation on behalf of a profession related to the operation of |
|
the office. |
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SECTION 5. Sections 487.023 through 487.027, Government |
|
Code, are amended to read as follows: |
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Sec. 487.023. TRAINING FOR MEMBERS OF BOARD [EXECUTIVE
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COMMITTEE]. (a) A person who is appointed to and qualifies for |
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office as a member of the board [executive committee] may not vote, |
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deliberate, or be counted as a member in attendance at a meeting of |
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the board [executive committee] until the person completes a |
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training program that complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the legislation that created the office [and the
|
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executive committee]; |
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(2) the programs, [operated by the office;
|
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[(3)the role and] functions, [of the office;
|
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[(4)the] rules, [of the office, with an emphasis on
|
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any rules that relate to disciplinary] and [investigatory
|
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authority;
|
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[(5)the current] budget of [for] the office; |
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(3) [(6)] the results of the most recent formal audit |
|
of the office; |
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(4) [(7)] the requirements of laws relating to[:
|
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[(A)the] open meetings [law], [Chapter 551;
|
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[(B)the] public information [law], [Chapter
|
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552;
|
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[(C)the] administrative procedure [law], |
|
[Chapter 2001;] and conflicts of interest |
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[(D) other laws relating to public officials,
|
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including conflict-of-interest laws]; and |
|
(5) [(8)] any applicable ethics policies adopted by |
|
the office [executive committee] or the Texas Ethics Commission. |
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(c) A person appointed to the board [executive committee] is |
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entitled to reimbursement, as provided by [general law and] the |
|
General Appropriations Act, for the travel expenses incurred in |
|
attending the training program regardless of whether the attendance |
|
at the program occurs before or after the person qualifies for |
|
office. |
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Sec. 487.024. REMOVAL. (a) It is a ground for removal from |
|
the board [executive committee] that a member: |
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(1) does not have at the time of taking office the |
|
qualifications required by Section 487.021; |
|
(2) does not maintain during service on the board |
|
[executive committee] the qualifications required by Section |
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487.021; |
|
(3) is ineligible for membership under Section |
|
487.022; |
|
(4) cannot, because of illness or disability, |
|
discharge the member's duties for a substantial part of the member's |
|
term; or |
|
(5) is absent from more than half of the regularly |
|
scheduled board [executive committee] meetings that the member is |
|
eligible to attend during a calendar year without an excuse |
|
approved by a majority vote of the board [executive committee]. |
|
(b) The validity of an action of the board [executive
|
|
committee] is not affected by the fact that it is taken when a |
|
ground for removal of a board [an executive committee] member |
|
exists. |
|
(c) If the executive director has knowledge that a potential |
|
ground for removal exists, the executive director shall notify the |
|
presiding officer of the board [executive committee] of the |
|
potential ground. The presiding officer shall then notify the |
|
appointing authority [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 |
|
[executive committee], who shall then notify the appointing |
|
authority [governor] and the attorney general that a potential |
|
ground for removal exists. |
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Sec. 487.025. DIVISION OF RESPONSIBILITY. The board |
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[executive committee] shall develop and implement policies that |
|
clearly separate the policy-making responsibilities of the board |
|
[executive committee] and the management responsibilities of the |
|
executive director and staff of the office. |
|
Sec. 487.026. EXECUTIVE DIRECTOR. (a) The board |
|
[executive committee] may hire an executive director to serve as |
|
the chief executive officer of the office and to perform the |
|
administrative duties of the office. |
|
(b) The executive director serves at the will of the board |
|
[executive committee]. |
|
(c) The executive director may hire staff within guidelines |
|
established by the board [executive committee]. |
|
Sec. 487.027. PUBLIC HEARINGS. The board [executive
|
|
committee] shall develop and implement policies that provide the |
|
public with a reasonable opportunity to appear before the board |
|
[executive committee] and to speak on any issue under the |
|
jurisdiction of the office. |
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SECTION 6. Section 487.029, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.029. STANDARDS OF CONDUCT. The executive director |
|
or the executive director's designee shall provide to members of |
|
the board [executive committee] and to agency employees, as often |
|
as necessary, information regarding the requirements for office or |
|
employment under this chapter, including information regarding a |
|
person's responsibilities under applicable laws relating to |
|
standards of conduct for state officers or employees. |
|
SECTION 7. Section 487.030, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.030. COMPLAINTS. (a) The office shall maintain a |
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system to promptly and efficiently act on complaints [file on each
|
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written complaint] filed with the office. The office shall |
|
maintain information about parties to the complaint, the subject |
|
matter of the complaint, a summary of the results of the review or |
|
investigation of the complaint, and its disposition [The file must
|
|
include:
|
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[(1)the name of the person who filed the complaint;
|
|
[(2)the date the complaint is received by the office;
|
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[(3)the subject matter of the complaint;
|
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[(4) the name of each person contacted in relation to
|
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the complaint;
|
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[(5) a summary of the results of the review or
|
|
investigation of the complaint; and
|
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[(6) an explanation of the reason the file was closed,
|
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if the office closed the file without taking action other than to
|
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investigate the complaint]. |
|
(b) The office shall make information available describing |
|
its [provide to the person filing the complaint and to each person
|
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who is a subject of the complaint a copy of the office's policies
|
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and] procedures for [relating to] complaint investigation and |
|
resolution. |
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(c) The office[, at least quarterly until final disposition
|
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of the complaint,] shall periodically notify the complaint parties |
|
[person filing the complaint and each person who is a subject of the
|
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complaint] of the status of the complaint until final disposition |
|
[investigation unless the notice would jeopardize an undercover
|
|
investigation]. |
|
SECTION 8. Subchapter B, Chapter 487, Government Code, is |
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amended by adding Sections 487.031 and 487.032 to read as follows: |
|
Sec. 487.031. USE OF TECHNOLOGY. The board shall implement |
|
a policy requiring the office to use appropriate technological |
|
solutions to improve the office's ability to perform its functions. |
|
The policy must ensure that the public is able to interact with the |
|
office on the Internet. |
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Sec. 487.032. NEGOTIATED RULEMAKING AND ALTERNATIVE |
|
DISPUTE RESOLUTION PROCEDURES. (a) The board shall develop and |
|
implement a policy to encourage the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008 for the adoption of office rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009 to assist in the resolution of |
|
internal and external disputes under the office's jurisdiction. |
|
(b) The office's procedures relating to alternative dispute |
|
resolution must conform, to the extent possible, to any model |
|
guidelines issued by the State Office of Administrative Hearings |
|
for the use of alternative dispute resolution by state agencies. |
|
(c) The board shall designate a trained person to: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) serve as a resource for any training needed to |
|
implement the procedures for negotiated rulemaking or alternative |
|
dispute resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures, as implemented by the office. |
|
SECTION 9. Section 487.051, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.051. POWERS AND DUTIES. (a) The office shall: |
|
(1) assist rural communities in the key areas of |
|
economic development, community development, rural health, and |
|
rural housing [develop a rural policy for the state in consultation
|
|
with local leaders representing all facets of rural community life,
|
|
academic and industry experts, and state elected and appointed
|
|
officials with interests in rural communities]; |
|
(2) serve as a clearinghouse for information and |
|
resources on all state and federal programs affecting rural |
|
communities [work with other state agencies and officials to
|
|
improve the results and the cost-effectiveness of state programs
|
|
affecting rural communities through coordination of efforts]; |
|
(3) in consultation with rural community leaders, |
|
locally elected officials, state elected and appointed officials, |
|
academic and industry experts, and the interagency work group |
|
created under this chapter, identify and prioritize policy issues |
|
and concerns affecting rural communities in the state [develop
|
|
programs to improve the leadership capacity of rural community
|
|
leaders]; |
|
(4) make recommendations to the legislature to address |
|
the concerns affecting rural communities identified under |
|
Subdivision (3); |
|
(5) monitor developments that have a substantial |
|
effect on rural Texas communities, especially actions of state |
|
government, and compile an annual report describing and evaluating |
|
the condition of rural communities; |
|
(6) [(5)] administer the federal community |
|
development block grant nonentitlement program; |
|
(7) [(6)] administer programs supporting rural health |
|
care as provided by this chapter; |
|
(8) [(7)] perform research to determine the most |
|
beneficial and cost-effective ways to improve the welfare of rural |
|
communities; |
|
(9) [(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; |
|
(10) [(9)] manage the state's Medicare rural hospital |
|
flexibility program under 42 U.S.C. Section 1395i-4; [and] |
|
(11) [(10)] seek state and federal money available for |
|
economic development in rural areas for programs under this |
|
chapter; and |
|
(12) in conjunction with the Department of |
|
Agriculture, regularly cross-train office employees with employees |
|
of the Department of Agriculture regarding the programs |
|
administered and services provided by each agency to rural |
|
communities. |
|
(b) The office may require office employees who work at |
|
locations other than the central office to be based in Department of |
|
Agriculture offices. |
|
SECTION 10. Section 487.052, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.052. RULES. The board [executive committee] may |
|
adopt rules as necessary to implement this chapter. |
|
SECTION 11. Section 487.053(b), Government Code, is amended |
|
to read as follows: |
|
(b) All gifts, grants, and donations must be accepted in an |
|
open meeting by a majority of the voting members of the board |
|
[executive committee] and reported in the public record of the |
|
meeting with the name of the donor and purpose of the gift, grant, |
|
or donation. |
|
SECTION 12. Section 487.054(b), Government Code, is amended |
|
to read as follows: |
|
(b) The board [executive committee] shall call the annual |
|
meeting. The board [executive committee] shall set the time and |
|
date of the meeting after consulting with the agency heads listed in |
|
Subsection (a). |
|
SECTION 13. Section 487.055, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.055. ADVISORY COMMITTEES. The board [executive
|
|
committee] may appoint advisory committees as necessary to assist |
|
the board [executive committee] in performing its duties. An |
|
advisory committee may be composed of private citizens and |
|
representatives from state and local governmental entities. A |
|
state or local governmental entity shall appoint a representative |
|
to an advisory committee at the request of the board [executive
|
|
committee]. Chapter 2110 does not apply to an advisory committee |
|
created under this section. |
|
SECTION 14. Section 487.056, Government Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) The office shall obtain information on the availability |
|
of housing in rural communities throughout the state for all income |
|
levels. The office shall include the information, and the office's |
|
assessment of the information, in the office's report to the |
|
legislature. |
|
SECTION 15. Section 487.057(b), Government Code, is amended |
|
to read as follows: |
|
(b) The office shall submit the rural health work plan to |
|
the board [executive committee] for approval. The board [executive
|
|
committee] shall approve the rural health work plan not later than |
|
August 1 of each odd-numbered year. |
|
SECTION 16. Sections 487.059(b), (c), (e), (f), and (g), |
|
Government Code, are amended to read as follows: |
|
(b) If a member of the board [executive committee] or a |
|
[another] committee established under this chapter, including an |
|
advisory committee, has a financial interest in an entity that |
|
applies for a monetary award, the board or committee member shall, |
|
before a vote on the monetary award, disclose the fact of the board |
|
or committee member's financial interest. The board or committee |
|
shall enter the disclosure into the minutes of the meeting at which |
|
a vote on the monetary award is taken. The board or committee |
|
member may not vote on or otherwise participate in a discussion or |
|
any other activity that relates to awarding the monetary award. If |
|
the board or committee member does not comply with this subsection, |
|
the entity is not eligible for the monetary award. |
|
(c) If the executive director or another office employee has |
|
a financial interest in an entity that applies for a monetary award, |
|
the executive director or employee: |
|
(1) shall, as soon as possible, disclose to the board |
|
[executive committee] the fact of the director's or employee's |
|
financial interest; |
|
(2) may not participate in staff evaluations regarding |
|
the monetary award; and |
|
(3) if the executive director or employee under office |
|
procedures may [has a] vote, or make a recommendation concerning a |
|
vote, on a matter that involves the monetary award: |
|
(A) shall disclose the fact of the director's or |
|
employee's financial interest before a vote on the monetary award, |
|
which the board or committee shall enter into the minutes of the |
|
meeting at which a vote on the monetary award is taken; and |
|
(B) may not vote on or otherwise participate in a |
|
discussion or any other activity that relates to awarding the |
|
monetary award. |
|
(e) Subsections (f) and (g) apply only to a member of the |
|
board or a [executive] committee who is employed by: |
|
(1) an entity that offers to enter into a contract with |
|
the office; or |
|
(2) an entity that is under common ownership or |
|
governance with or otherwise affiliated with an entity that applies |
|
for a monetary award or offers to enter into a contract with the |
|
office. |
|
(f) The board or [executive] committee member shall, before |
|
a vote on the monetary award or contract, disclose the fact of the |
|
member's employment by the entity. The board or [executive] |
|
committee shall enter the disclosure into the minutes of the |
|
meeting at which a vote on the monetary award or contract is taken. |
|
The board or [executive] committee member may not vote on or |
|
otherwise participate in a discussion or any other activity that |
|
relates to awarding the monetary award or contract. |
|
(g) If the board or [executive] committee member does not |
|
comply with Subsection (f), the entity is not eligible to be awarded |
|
the monetary award or contract. |
|
SECTION 17. Sections 487.103(a), (b), and (c), Government |
|
Code, are amended to read as follows: |
|
(a) The selection committee shall advise the board |
|
[executive committee] on the progress of the program. |
|
(b) The selection committee is composed of 12 members |
|
appointed by the board [executive committee]. |
|
(c) The board [executive committee] shall consider |
|
geographical representation in making appointments to the |
|
selection committee. |
|
SECTION 18. Sections 487.104(b) and (d), Government Code, |
|
are amended to read as follows: |
|
(b) The selection committee shall make selections based on |
|
criteria approved by the board [executive committee] and adopted as |
|
a rule of the office. |
|
(d) The selection committee shall recommend to the board |
|
[executive committee] guidelines to be used by rural communities in |
|
the selection of students for nomination and sponsorship as |
|
outstanding rural scholars. |
|
SECTION 19. Section 487.107, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.107. AWARDING OF LOANS. (a) The selection |
|
committee shall recommend to the board [executive committee] |
|
guidelines for the awarding of forgivable loans to outstanding |
|
rural scholars. |
|
(b) The board [executive committee], acting on the advice of |
|
the selection committee, shall award forgivable loans to |
|
outstanding rural scholars based on the availability of money in |
|
the fund. |
|
(c) If in any year the fund is inadequate to provide loans to |
|
all eligible applicants, the board [executive committee] shall |
|
award forgivable loans on a priority basis according to the |
|
applicants' academic performance, test scores, and other criteria |
|
of eligibility. |
|
SECTION 20. Section 487.108(a), Government Code, is amended |
|
to read as follows: |
|
(a) On confirmation of an outstanding rural scholar's |
|
admission to a postsecondary educational institution, or on receipt |
|
of an enrollment report of the scholar at a postsecondary |
|
educational institution, and a certification of the amount of |
|
financial support needed, the selection committee annually shall |
|
recommend to the board [executive committee] that the board |
|
[committee] award a forgivable loan to the scholar in the amount of |
|
50 percent of the cost of the scholar's tuition, fees, educational |
|
materials, and living expenses. |
|
SECTION 21. Sections 487.109(b), (c), and (d), Government |
|
Code, are amended to read as follows: |
|
(b) The sponsoring community shall report to the board |
|
[executive committee] the length of time the scholar practices as a |
|
health care professional in the community. |
|
(c) If the board [executive committee] finds that a |
|
sponsoring community is not in need of the scholar's services and |
|
that the community is willing to forgive repayment of the principal |
|
balance and interest of the scholar's loan, the board [executive
|
|
committee] by rule may provide for the principal balance and |
|
interest of one year of the scholar's loan to be forgiven for each |
|
year the scholar practices in another rural community in this |
|
state. |
|
(d) Any amount of loan principal or interest that is not |
|
forgiven under this section shall be repaid to the office with |
|
reasonable collection fees in a timely manner as provided by board |
|
[executive committee] rule. |
|
SECTION 22. Section 487.112, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.112. ADOPTION AND DISTRIBUTION OF RULES. (a) The |
|
board [executive committee] shall adopt reasonable rules to enforce |
|
the requirements, conditions, and limitations under this |
|
subchapter. |
|
(b) The board [executive committee] shall set the rate of |
|
interest charged on a forgivable loan under this subchapter. |
|
(c) The board [executive committee] shall adopt rules |
|
necessary to ensure compliance with the federal Civil Rights Act of |
|
1964 (42 U.S.C. Section 2000a et seq.) concerning nondiscrimination |
|
in admissions. |
|
SECTION 23. Section 487.154, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.154. LOANS. (a) The board [executive committee] |
|
may award forgivable educational loans to eligible students under |
|
this subchapter. |
|
(b) The board [executive committee] may award forgivable |
|
loans to eligible students based on the availability of money in the |
|
fund. |
|
(c) If in any year the fund is inadequate to provide loans to |
|
all eligible students, the board [executive committee] may award |
|
forgivable loans on a priority basis according to the students' |
|
academic performance, test scores, and other criteria of |
|
eligibility. |
|
SECTION 24. Section 487.155(a), Government Code, is amended |
|
to read as follows: |
|
(a) To be eligible to receive a loan under this subchapter, |
|
a student must: |
|
(1) be sponsored by an eligible community; |
|
(2) at the time of the application for the loan, be |
|
enrolled in high school or enrolled or accepted for enrollment in a |
|
postsecondary educational institution in this state; |
|
(3) meet academic requirements as established by the |
|
board [executive committee]; |
|
(4) plan to complete a health care professional degree |
|
or certificate program; |
|
(5) plan to practice as a health care professional in a |
|
qualified area of the state; and |
|
(6) meet other requirements as established by the |
|
board [executive committee]. |
|
SECTION 25. Section 487.156(c), Government Code, is amended |
|
to read as follows: |
|
(c) The board [executive committee] shall determine the |
|
percentage of educational expenses communities are required to |
|
provide under this section. |
|
SECTION 26. Section 487.157(a), Government Code, is amended |
|
to read as follows: |
|
(a) On confirmation of an eligible student's admission to a |
|
postsecondary educational institution, or on receipt of an |
|
enrollment report of the student at a postsecondary educational |
|
institution, and certification of the amount of financial support |
|
needed, the board [executive committee] may award a forgivable loan |
|
to the student in the amount of not more than the cost of the |
|
student's tuition, fees, educational materials, and living |
|
expenses. |
|
SECTION 27. Section 487.158(b), Government Code, is amended |
|
to read as follows: |
|
(b) The contract must provide that if the student does not |
|
provide the required services to the community or provides those |
|
services for less than the required time, the student is personally |
|
liable to the state for: |
|
(1) the total amount of assistance the student |
|
receives from the office and the sponsoring community; |
|
(2) interest on the total amount at a rate set by the |
|
board [executive committee]; and |
|
(3) the state's reasonable expenses incurred in |
|
obtaining payment, including reasonable attorney's fees. |
|
SECTION 28. Section 487.159(b), Government Code, is amended |
|
to read as follows: |
|
(b) If the board [executive committee] finds that a |
|
sponsoring community is not in need of the student's services and |
|
that the community is willing to forgive repayment of the principal |
|
balance and interest of the student's loan, the board [executive
|
|
committee] by rule may provide for the principal balance and |
|
interest of the student's loan to be forgiven if the student |
|
provides services in another qualified area in this state. |
|
SECTION 29. Sections 487.161(b) and (c), Government Code, |
|
are amended to read as follows: |
|
(b) The sponsoring community shall report to the board |
|
[executive committee] the length of time the student provides |
|
health care services in the community in accordance with the |
|
guidelines established by the board [executive committee]. |
|
(c) A postsecondary educational institution shall provide |
|
to the board [executive committee] a copy of the academic |
|
transcript of each student for whom the institution has received a |
|
release that complies with state and federal open records laws and |
|
that authorizes the provision of the transcript. |
|
SECTION 30. Section 487.163, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.163. ADOPTION OF RULES. (a) The board [executive
|
|
committee] shall adopt reasonable rules to enforce the |
|
requirements, conditions, and limitations of this subchapter. |
|
(b) The board [executive committee] shall set the rate of |
|
interest charged on a forgivable loan under this subchapter. |
|
(c) The board [executive committee] shall adopt rules |
|
necessary to ensure compliance with the federal Civil Rights Act of |
|
1964 (42 U.S.C. Section 2000a et seq.) concerning nondiscrimination |
|
in admissions. |
|
SECTION 31. Sections 487.202, 487.203, and 487.204, |
|
Government Code, are amended to read as follows: |
|
Sec. 487.202. PROGRAM. (a) The board [executive
|
|
committee] shall establish and administer a program under this |
|
subchapter to increase the number of physicians providing primary |
|
care in medically underserved communities. |
|
(b) A medically underserved community may sponsor a |
|
physician who has completed a primary care residency program and |
|
has agreed to provide primary care in the community by contributing |
|
start-up money for the physician and having that contribution |
|
matched wholly or partly by state money appropriated to the office |
|
[executive committee] for that purpose. |
|
(c) A participating medically underserved community may |
|
provide start-up money to an eligible physician over a two-year |
|
period. |
|
(d) The office [executive committee] may not pay more than |
|
$25,000 to a community in a fiscal year unless the board [executive
|
|
committee] makes a specific finding of need by the community. |
|
(e) The board [executive committee] shall establish |
|
priorities so that the neediest communities eligible for assistance |
|
under this subchapter are assured the receipt of a grant. |
|
Sec. 487.203. ELIGIBILITY. To be eligible to receive money |
|
from the office [executive committee], a medically underserved |
|
community must: |
|
(1) apply for the money; and |
|
(2) provide evidence satisfactory to the board |
|
[executive committee] that it has entered into an agreement with a |
|
physician for the physician to provide primary care in the |
|
community for at least two years. |
|
Sec. 487.204. RULES. The board [executive committee] shall |
|
adopt rules necessary for the administration of this subchapter, |
|
including rules addressing: |
|
(1) eligibility criteria for a medically underserved |
|
community; |
|
(2) eligibility criteria for a physician; |
|
(3) minimum and maximum community contributions to the |
|
start-up money for a physician to be matched with state money; |
|
(4) conditions under which state money must be repaid |
|
by a community or physician; |
|
(5) procedures for disbursement of money by the office |
|
[executive committee]; |
|
(6) the form and manner in which a community must make |
|
its contribution to the start-up money; and |
|
(7) the contents of an agreement to be entered into by |
|
the parties, which must include at least: |
|
(A) a credit check for an eligible physician; and |
|
(B) community retention of interest in any |
|
property, equipment, or durable goods for seven years. |
|
SECTION 32. Section 487.252, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.252. TEXAS HEALTH SERVICE CORPS PROGRAM. (a) The |
|
board [executive committee] shall establish a program in the office |
|
to assist communities in recruiting and retaining physicians to |
|
practice in medically underserved areas. |
|
(b) The board [executive committee] by rule shall |
|
establish: |
|
(1) eligibility criteria for applicants; |
|
(2) stipend application procedures; |
|
(3) guidelines relating to stipend amounts; |
|
(4) procedures for evaluating stipend applications; |
|
and |
|
(5) a system of priorities relating to the: |
|
(A) geographic areas covered; |
|
(B) medical specialties eligible to receive |
|
funding under the program; and |
|
(C) level of stipend support. |
|
SECTION 33. Section 487.253(a), Government Code, is amended |
|
to read as follows: |
|
(a) The board [executive committee] shall adopt rules |
|
necessary to administer this subchapter, and the office shall |
|
administer the program in accordance with those rules. |
|
SECTION 34. Section 487.351, Government Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) The office shall give priority to eligible activities in |
|
the areas of economic development, community development, rural |
|
health, and rural housing to support workforce development in |
|
awarding funding for community development block grant programs. |
|
SECTION 35. Subchapter I, Chapter 487, Government Code, is |
|
amended by adding Section 487.3515 to read as follows: |
|
Sec. 487.3515. EVALUATION OF COMMUNITY DEVELOPMENT BLOCK |
|
GRANT PROGRAM. (a) The office, in consultation with the Department |
|
of Agriculture, shall review and evaluate the administration of the |
|
state's allocation of federal funds under the community development |
|
block grant nonentitlement program and, based on the results of the |
|
evaluation, streamline administration of the program and program |
|
requirements. The office shall, at a minimum, evaluate: |
|
(1) combining program fund categories, within |
|
allowable limits provided by state statute, the General |
|
Appropriations Act, and federal law and regulations; |
|
(2) simplifying the grant application and scoring |
|
process; and |
|
(3) regularly reviewing and closing out aged |
|
contracts. |
|
(b) The office shall implement program changes resulting |
|
from the evaluation that do not require statutory changes as soon as |
|
possible, but not later than the date the office publishes the next |
|
community development block grant nonentitlement program action |
|
plan. |
|
(c) The office shall include the findings from the |
|
evaluation, program changes resulting from the evaluation, and any |
|
statutory changes needed to make additional changes in the agency's |
|
biennial report to the 81st Legislature. |
|
(d) This section expires September 1, 2009. |
|
SECTION 36. Section 487.353, Government Code, is amended by |
|
amending Subsections (i) and (j) and adding Subsections (k) and (l) |
|
to read as follows: |
|
(i) The committee shall: |
|
(1) consult with and advise the executive director on |
|
the administration and enforcement of the community development |
|
block grant program; and |
|
(2) in consultation with the executive director and |
|
office staff, review and approve grant and loan [funding] |
|
applications and associated funding awards of eligible counties and |
|
municipalities and advise and assist the executive director |
|
regarding the allocation of program funds to those applicants. |
|
(j) The committee may annually recommend to the executive |
|
director a formula for allocating funds to each geographic state |
|
planning region established by the governor under Chapter 391, |
|
Local Government Code. The formula must give preference to regions |
|
according to the regions' needs. |
|
(k) An applicant for a grant, loan, or award under a |
|
community development block grant program may appeal a decision of |
|
the committee by filing a complaint with the board. The board shall |
|
hold a hearing on a complaint filed with the board under this |
|
subsection and render a decision. |
|
(l) The committee is a governmental body for purposes of the |
|
open meetings law, Chapter 551. |
|
SECTION 37. Section 487.401, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.401. ADMINISTRATION. (a) The board [executive
|
|
committee] shall adopt rules that establish a procedure for |
|
designating a hospital as a rural hospital in order for the hospital |
|
to qualify for federal funds under 42 C.F.R. Part 412. |
|
(b) At the hospital's request, the office shall designate |
|
the hospital as a rural hospital if the hospital meets the |
|
requirements for a rural hospital under the board's [executive
|
|
committee's] rules. |
|
SECTION 38. Section 487.451(1), Government Code, is amended |
|
to read as follows: |
|
(1) "Health care professional" means: |
|
(A) an advanced nurse practitioner; |
|
(B) a dentist; |
|
(C) a dental hygienist; |
|
(D) a laboratory technician; |
|
(E) a licensed vocational nurse; |
|
(F) a licensed professional counselor; |
|
(G) a medical radiological technologist; |
|
(H) an occupational therapist; |
|
(I) a pharmacist; |
|
(J) a physical therapist; |
|
(K) a physician; |
|
(L) a physician assistant; |
|
(M) a psychologist; |
|
(N) a registered nurse; |
|
(O) a social worker; |
|
(P) a speech-language pathologist; |
|
(Q) a veterinarian; |
|
(R) a chiropractor; and |
|
(S) another appropriate health care professional |
|
identified by the board [executive committee]. |
|
SECTION 39. Section 487.452(a), Government Code, is amended |
|
to read as follows: |
|
(a) The board [executive committee], in collaboration with |
|
Area Health Education Center Programs, shall establish a community |
|
healthcare awareness and mentoring program for students to: |
|
(1) identify high school students in rural and |
|
underserved urban areas who are interested in serving those areas |
|
as health care professionals; |
|
(2) identify health care professionals in rural and |
|
underserved urban areas to act as positive role models, mentors, or |
|
reference resources for the interested high school students; |
|
(3) introduce interested high school students to the |
|
spectrum of professional health care careers through activities |
|
such as health care camps and shadowing of health care |
|
professionals; |
|
(4) encourage a continued interest in service as |
|
health care professionals in rural and underserved urban areas by |
|
providing mentors and community resources for students |
|
participating in training or educational programs to become health |
|
care professionals; and |
|
(5) provide continuing community-based support for |
|
students during the period the students are attending training or |
|
educational programs to become health care professionals, |
|
including summer job opportunities and opportunities to mentor high |
|
school students in the community. |
|
SECTION 40. Section 487.454, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.454. GRANTS; ELIGIBILITY. (a) Subject to |
|
available funds, the board [executive committee] shall develop and |
|
implement, as a component of the program, a grant program to support |
|
employment opportunities in rural and underserved urban areas in |
|
this state for students participating in training or educational |
|
programs to become health care professionals. |
|
(b) In awarding grants under the program, the board |
|
[executive committee] shall give first priority to grants to |
|
training or educational programs that provide internships to |
|
students. |
|
(c) To be eligible to receive a grant under the grant |
|
program, a person must: |
|
(1) apply for the grant on a form adopted by the board |
|
[executive committee]; |
|
(2) be enrolled or intend to be enrolled in a training |
|
or educational program to become a health care professional; |
|
(3) commit to practice or work, after licensure as a |
|
health care professional, for at least one year as a health care |
|
professional in a rural or underserved urban area in this state; and |
|
(4) comply fully with any practice or requirements |
|
associated with any scholarship, loan, or other similar benefit |
|
received by the student. |
|
(d) As a condition of receiving a grant under the program |
|
the student must agree to repay the amount of the grant, plus a |
|
penalty in an amount established by rule of the board [executive
|
|
committee] not to exceed two times the amount of the grant, if the |
|
student becomes licensed as a health care professional and fails to |
|
practice or work for at least one year as a health care professional |
|
in a rural or underserved urban area in this state. |
|
SECTION 41. Section 487.553, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.553. LOAN REIMBURSEMENT PROGRAM. The board |
|
[executive committee] shall establish a program in the office to |
|
assist communities in recruiting health professionals to practice |
|
in medically underserved communities by providing loan |
|
reimbursement for health professionals who serve in those |
|
communities. |
|
SECTION 42. Section 487.554(a), Government Code, is amended |
|
to read as follows: |
|
(a) The board [executive committee] shall establish a |
|
program in the office to assist communities in recruiting health |
|
professionals to practice in medically underserved communities by |
|
providing a stipend to health professionals who agree to serve in |
|
those communities. |
|
SECTION 43. Section 487.555(e), Government Code, is amended |
|
to read as follows: |
|
(e) A contract under this section must provide that a health |
|
professional who does not provide the required services to the |
|
community or provides those services for less than the required |
|
time is personally liable to the state for: |
|
(1) the total amount of assistance the health |
|
professional received from the office and the medically underserved |
|
community; |
|
(2) interest on the amount under Subdivision (1) at a |
|
rate set by the board [executive committee]; |
|
(3) the state's reasonable expenses incurred in |
|
obtaining payment, including reasonable attorney's fees; and |
|
(4) a penalty as established by the board [executive
|
|
committee] by rule to help ensure compliance with the contract. |
|
SECTION 44. Section 487.556, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.556. POWERS AND DUTIES OF OFFICE. (a) The board |
|
[executive committee] shall adopt rules necessary for the |
|
administration of this subchapter, including guidelines for: |
|
(1) developing contracts under which loan |
|
reimbursement or stipend recipients provide services to qualifying |
|
communities; |
|
(2) identifying the duties of the state, state agency, |
|
loan reimbursement or stipend recipient, and medically underserved |
|
community under the loan reimbursement or stipend contract; |
|
(3) determining a rate of interest to be charged under |
|
Section 487.555(e)(2); |
|
(4) ensuring that a loan reimbursement or stipend |
|
recipient provides access to health services to participants in |
|
government-funded health benefits programs in qualifying |
|
communities; |
|
(5) encouraging the use of telecommunications or |
|
telemedicine, as appropriate; |
|
(6) prioritizing the provision of loan reimbursements |
|
and stipends to health professionals who are not eligible for any |
|
other state loan forgiveness, loan repayment, or stipend program; |
|
(7) prioritizing the provision of loan reimbursements |
|
and stipends to health professionals who are graduates of health |
|
professional degree programs in this state; |
|
(8) encouraging a medically underserved community |
|
served by a loan reimbursement or stipend recipient to contribute |
|
to the cost of the loan reimbursement or stipend when making a |
|
contribution is feasible; and |
|
(9) requiring a medically underserved community |
|
served by a loan reimbursement or stipend recipient to assist the |
|
office in contracting with the loan reimbursement or stipend |
|
recipient who will serve that community. |
|
(b) The board [executive committee] by rule may designate |
|
areas of the state as medically underserved communities. |
|
(c) The board [executive committee] shall make reasonable |
|
efforts to contract with health professionals from a variety of |
|
different health professions. |
|
SECTION 45. Section 487.608(a), Government Code, is amended |
|
to read as follows: |
|
(a) The rural physician relief advisory committee is |
|
composed of the following members appointed by the board [executive
|
|
committee]: |
|
(1) a physician who practices in the area of general |
|
family medicine in a rural county; |
|
(2) a physician who practices in the area of general |
|
internal medicine in a rural county; |
|
(3) a physician who practices in the area of general |
|
pediatrics in a rural county; |
|
(4) a representative from an accredited Texas medical |
|
school; |
|
(5) a program director from an accredited primary care |
|
residency program; |
|
(6) a representative from the Texas Higher Education |
|
Coordinating Board; and |
|
(7) a representative from the Texas [State Board of] |
|
Medical Board [Examiners]. |
|
SECTION 46. Section 110.003(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The Rural Foundation is governed by a board of five |
|
directors appointed by the board [executive committee] of the |
|
Office of Rural Community Affairs from individuals recommended by |
|
the executive director of the Office of Rural Community Affairs. |
|
SECTION 47. Section 110.010, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 110.010. MEMORANDUM OF UNDERSTANDING. The Rural |
|
Foundation and the Office of Rural Community Affairs 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 and board [executive
|
|
committee] of the Office of Rural Community Affairs; |
|
(2) allows the Office of Rural Community Affairs to |
|
provide staff functions to the foundation; |
|
(3) allows the Office of Rural Community Affairs 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. |
|
SECTION 48. (a) The nine members of the executive committee |
|
of the Office of Rural Community Affairs who are serving |
|
immediately before September 1, 2007, continue to serve as members |
|
of the governing board of the office on and after that date |
|
regardless of whether those members meet the membership |
|
requirements prescribed by Subchapter B, Chapter 487, Government |
|
Code, as amended by this Act. However, the positions of those nine |
|
members are abolished on the date on which a majority of the 11 |
|
board membership positions that are created under Section 487.021, |
|
Government Code, as amended by this Act, are filled and the |
|
appointees qualify for office. |
|
(b) The governor, the lieutenant governor, and the speaker |
|
of the house of representatives shall make the 10 appointments to |
|
the board under Section 487.021, Government Code, as amended by |
|
this Act, as soon as possible on or after September 1, 2007. In |
|
making the initial appointments, the governor shall designate two |
|
members for terms expiring February 1, 2009, one member for a term |
|
expiring February 1, 2011, and one member for a term expiring |
|
February 1, 2013. In making the initial appointments, the |
|
lieutenant governor and the speaker of the house shall each |
|
designate one nonlegislative member for a term expiring February 1, |
|
2011, and one nonlegislative member for a term expiring February 1, |
|
2013. Any person who served as a member of the executive committee |
|
before September 1, 2007, may be appointed to the board. |
|
SECTION 49. 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, 2007. |