BILL ANALYSIS

H.B. 281

By: Anchia

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

H.B. 2202, enacted by the 76th Legislature, Regular Session, 1999, authorized the Department of State Health Services to fund school-based health centers to provide a combination of physical and mental health services to students and family members of students. The centers not only provide preventive care, but assist with issues that affect a student's learning and growth. Preference is given to centers in school districts located in rural areas or school districts that have low property wealth per student. Funding for these centers is only granted to school districts for a new center and lasts only three years. Many centers that have received funding have not been able to establish other sources of revenue to sustain the centers once the initial funding ceases.

H.B. 281 sets the term of each grant at five years, and authorizes grants to be used for existing centers. The bill permits other community organizations and hospitals to receive grants to establish a school-based health center in cooperation with a school district.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 of this bill.

ANALYSIS

Section 531.0055, Government Code, as amended by Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, expressly grants to the executive commissioner of the Health and Human Services Commission all rulemaking authority for the operation of and provision of services by the health and human services agencies. Similarly, Sections 1.16-1.29, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, provide for the transfer of a power, duty, function, program, or activity from a health and human services agency abolished by that act to the corresponding legacy agency. To the extent practicable, this bill analysis is written to reflect any transfer of rulemaking authority and to update references as necessary to an agency's authority with respect to a particular health and human services program.

H.B. 281 amends the Education Code to include a local health department, hospital, or nonprofit organization that contracts with a school district to establish and operate a school-based health center, in addition to the district itself, as a qualified recipient of grants awarded by the commissioner of state health services to assist with the costs of school-based health centers.  The bill authorizes a school district, local health department, hospital, or nonprofit organization receiving a school-based health center grant to use the grant funds to establish, expand, or operate a school-based health center.  The bill requires rules adopted by the executive commissioner of the Health and Human Services Commission to establish procedures for awarding the grants to set the term of each grant at five years, subject to the availability of federal or state appropriated funds. The bill clarifies that the limit on the amount of grant money received by a school district, local health department, hospital, or nonprofit organization applies for each state fiscal biennium.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.