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AN ACT
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relating to oversight of regional poison control centers and the |
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poison control network. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 771.031(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The following individuals serve as nonvoting ex officio |
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members: |
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(1) the executive director of the Public Utility |
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Commission of Texas, or an individual designated by the executive |
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director; |
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(2) the executive director of the Department of |
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Information Resources, or an individual designated by the executive |
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director; and |
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(3) the executive commissioner of the Health and Human |
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Services Commission [public health], or an individual [who has
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responsibility for the poison control network] designated by the |
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executive commissioner. |
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SECTION 2. Section 771.051(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commission is the state's authority on emergency |
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communications. The commission shall: |
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(1) administer the implementation of statewide 9-1-1 |
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service and the [telecommunications requirements for] poison |
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control network, including poison control centers under Chapter |
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777; |
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(2) develop minimum performance standards for |
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equipment and operation of 9-1-1 service to be followed in |
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developing regional plans under Section 771.055, including |
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requirements that the plans provide for: |
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(A) automatic number identification by which the |
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telephone number of the caller is automatically identified at the |
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public safety answering point receiving the call; and |
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(B) other features the commission considers |
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appropriate; |
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(3) examine and approve or disapprove regional plans |
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as provided by Section 771.056; |
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(4) recommend minimum training standards, assist in |
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training, and provide assistance in the establishment and operation |
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of 9-1-1 service; |
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(5) allocate money to prepare and operate regional |
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plans as provided by Section 771.056; |
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(6) develop and provide public education materials and |
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training; |
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(7) plan, implement, operate, and maintain poison |
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control center databases and assist in planning, supporting, and |
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facilitating 9-1-1 databases, as needed; |
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(8) provide grants or contracts for services that |
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enhance the effectiveness of 9-1-1 service; |
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(9) coordinate emergency communications services and |
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providers; |
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(10) make reasonable efforts to gain voluntary |
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cooperation in the commission's activities of emergency |
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communications authorities and providers outside the commission's |
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jurisdiction, including: |
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(A) making joint communications to state and |
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federal regulators; and |
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(B) arranging cooperative purchases of equipment |
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or services; and |
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(11) accept, receive, and deposit in its account in |
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the general revenue fund gifts, grants, and royalties from public |
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and private entities. Gifts, grants, and royalties may be used for |
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the purposes of the commission. |
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SECTION 3. Section 771.072(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) From the revenue received from the surcharge imposed by |
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this section, the amount derived from the application of the |
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surcharge at a rate of not more than .8 percent shall be |
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periodically allocated [to the Texas Department of Health] to fund |
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grants awarded under Section 777.009 and other activities related |
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to the poison control centers as required by Chapter 777. |
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SECTION 4. Section 777.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 777.001. REGIONAL POISON CONTROL CENTERS. (a) Six |
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regional centers for poison control are designated as the regional |
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poison control centers for the state as follows: |
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(1) The University of Texas Medical Branch at |
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Galveston; |
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(2) the Dallas County Hospital District/North Texas |
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Poison Center; |
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(3) The University of Texas Health Science Center at |
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San Antonio; |
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(4) the University Medical Center of [R. E. Thomason
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General Hospital,] El Paso, El Paso County Hospital District; |
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(5) the [Northwest] Texas Tech University Health |
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Sciences Center at [Hospital,] Amarillo [Hospital District]; and |
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(6) Scott and White Memorial Hospital, Temple, Texas. |
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(b) The poison control centers shall coordinate poison |
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control activities within the designated health and human services |
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regions for the state. The [Texas Department of Health and the
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Advisory] Commission on State Emergency Communications shall |
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[jointly] adopt rules designating the region for each poison |
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control center. The [Texas Department of Health and the Advisory] |
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Commission on State Emergency Communications may [jointly] adopt |
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rules permitting poison control centers to provide services for |
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regions served by other poison control centers in this state as |
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necessary to maximize efficient use of resources and provide |
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appropriate services in each region. |
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(c) The Commission on State Emergency Communications [Texas
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Board of Health] may vote to designate a seventh regional or |
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satellite poison control center in Harris County. That poison |
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control center is subject to all provisions of this chapter and |
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other law relating to regional poison control centers. |
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SECTION 5. Section 777.006, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 777.006. INFORMATION AT BIRTH. The Commission on |
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State Emergency Communications [Texas Department of Health] shall |
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assist the regional poison control centers in providing |
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informational packets on poison prevention to parents of newborns. |
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SECTION 6. Sections 777.008 and 777.009, Health and Safety |
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Code, are amended to read as follows: |
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Sec. 777.008. COORDINATING COMMITTEE. (a) The |
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coordinating committee on poison control shall coordinate the |
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activities of the regional poison control centers designated under |
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Section 777.001(a) and advise the [Texas Board of Health and the
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Advisory] Commission on State Emergency Communications. |
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(b) The committee is composed of: |
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(1) one public member appointed by the [Texas Board of
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Health, one public member appointed by the Advisory] Commission on |
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State Emergency Communications; |
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(2) six [, and 13] members who represent the six |
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regional poison control centers, one appointed by the chief |
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executive officer of each center [each of the following entities:
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[(1)
The University of Texas Medical Branch at
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Galveston]; |
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[(2)
the Dallas County Hospital District/North Texas
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Poison Center;] |
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(3) one member appointed by [The University of Texas
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Health Science Center at San Antonio;
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[(4)
R. E. Thomason General Hospital, El Paso County
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Hospital District;
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[(5)
Northwest Texas Hospital, Amarillo Hospital
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District;
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[(6) Scott and White Memorial Hospital, Temple, Texas;
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[(7)
The University of Texas Southwestern Medical
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Center at Dallas;
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[(8) The Texas A&M University Health Science Center;
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[(9) the Texas Tech University Health Sciences Center;
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[(10)
the Texas Veterinary Medical Diagnostic
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Laboratory;
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[(11) the Department of Agriculture;
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[(12)] the commissioner of the [Texas] Department of |
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State Health Services; and |
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(4) one member who is a health care professional |
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designated as the poison control program coordinator appointed by |
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[(13)] the [Advisory] Commission on State Emergency |
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Communications. |
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Sec. 777.009. FUNDING. (a) The [Texas Department of Health
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and the Advisory] Commission on State Emergency Communications |
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shall establish a program to award grants to fund the regional |
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poison control centers. |
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(b) The [Texas Board of Health and the Advisory] Commission |
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on State Emergency Communications shall [jointly] adopt rules to |
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establish criteria for awarding the grants. The rules must require |
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the agency [agencies] to consider: |
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(1) the need of the region based on population served |
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for poison control services and the extent to which the grant would |
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meet the identified need; |
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(2) the assurance of providing quality services; |
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(3) the availability of other funding sources; |
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(4) achieving or maintaining certification as a poison |
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control center with the American Association of Poison Control |
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Centers; |
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(5) maintenance of effort; and |
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(6) the development or existence of |
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telecommunications systems. |
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(c) The [Texas Department of Health and the Advisory] |
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Commission on State Emergency Communications may approve grants |
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according to commission [their jointly adopted] rules. A grant |
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awarded under this section is governed by Chapter 783, Government |
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Code, and the rules adopted under that chapter. |
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(d) The [Texas Department of Health and the Advisory] |
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Commission on State Emergency Communications may accept gifts or |
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grants from any source for purposes of this chapter. |
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SECTION 7. Sections 777.010(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) On approval by and in coordination with the governor, |
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the [Texas Department of Health and the Advisory] Commission on |
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State Emergency Communications may [jointly] enter into a contract |
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for the provision of telephone referral and information services or |
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any program or service described by Section 777.003 to any person, |
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including: |
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(1) another state or a political subdivision of |
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another state; and |
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(2) another country or a political subdivision of |
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another country. |
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(b) The [Texas Department of Health and the Advisory] |
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Commission on State Emergency Communications shall contract with |
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one or more regional poison control centers to provide the services |
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required under a contract entered into under Subsection (a). The |
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[department and the] commission may not enter into a contract under |
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this subsection if, in the opinion of the [department and the] |
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commission, the regional poison control center's performance of the |
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contract would result in a diminishment in the services provided in |
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the region. |
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SECTION 8. Section 777.011, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 777.011. REGIONAL POISON CONTROL SERVICES ACCOUNT. |
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The regional poison control services account is an account in the |
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general revenue fund. The account is composed of money deposited to |
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the account under Section 777.010(c). Money in the account may be |
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appropriated only to the [Texas Department of Health and the
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Advisory] Commission on State Emergency Communications: |
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(1) for administration of and payment for contracts |
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entered into under Section 777.010(b); and |
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(2) to fund grants awarded under Section 777.009. |
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SECTION 9. Chapter 777, Health and Safety Code, is amended |
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by adding Section 777.013 to read as follows: |
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Sec. 777.013. COOPERATION AND COORDINATION WITH THE |
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DEPARTMENT OF STATE HEALTH SERVICES. (a) The Department of State |
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Health Services, on request of the Commission on State Emergency |
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Communications, shall provide epidemiological support to the |
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regional poison control centers under this chapter to: |
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(1) maximize the use of data collected by the poison |
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control network; |
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(2) assist the regional poison control centers with |
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quality control and quality assurance; |
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(3) assist with research; and |
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(4) coordinate poison control activities with other |
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public health activities. |
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(b) Each regional poison control center shall provide the |
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Department of State Health Services with access to all data and |
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information collected by the regional poison control center for |
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public health activities and epidemiological and toxicological |
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investigations. |
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(c) The Commission on State Emergency Communications and |
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the Department of State Health Services shall enter into a |
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memorandum of understanding that delineates the responsibilities |
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of each agency under this section and amend the memorandum of |
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understanding as necessary to reflect the changes in those |
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responsibilities. |
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SECTION 10. (a) Not later than January 1, 2010, the |
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Department of State Health Services and the Commission on State |
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Emergency Communications shall enter into a memorandum of |
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understanding that: |
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(1) identifies in detail the applicable powers and |
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duties that are being transferred by this Act; and |
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(2) establishes a plan for the identification and |
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transfer of the records, property, and unspent appropriations of |
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the Department of State Health Services that are used for purposes |
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of the Department of State Health Services' powers and duties |
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relating to regional poison control centers under Chapter 777, |
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Health and Safety Code, and other law. |
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(b) Not later than February 1, 2010, the Department of State |
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Health Services and the Commission on State Emergency |
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Communications shall enter into the memorandum of understanding |
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required by Section 777.013, Health and Safety Code, as added by |
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this Act. |
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SECTION 11. (a) On May 1, 2010: |
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(1) all functions and activities performed by the |
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Department of State Health Services jointly with the Commission on |
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State Emergency Communications immediately before that date are |
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transferred to the Commission on State Emergency Communications; |
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(2) a rule, form, policy, procedure, or decision |
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jointly adopted under Chapter 777, Health and Safety Code, as it |
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existed before amendment by this Act, continues in effect as a rule, |
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form, policy, procedure, or decision of the Commission on State |
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Emergency Communications and remains in effect until amended or |
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replaced by the Commission on State Emergency Communications; |
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(3) a reference in law or an administrative rule to the |
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Department of State Health Services or its predecessor relating to |
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regional poison control centers is a reference to the Commission on |
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State Emergency Communications; |
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(4) all money, contracts, leases, rights, property, |
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records, and bonds and other obligations of the Department of State |
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Health Services or its predecessor relating to regional poison |
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control centers are transferred to the Commission on State |
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Emergency Communications; |
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(5) a court case, administrative proceeding, contract |
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negotiation, or other proceeding relating to regional poison |
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control centers involving the Department of State Health Services |
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or its predecessor is transferred without change in status to the |
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Commission on State Emergency Communications, and the Commission on |
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State Emergency Communications assumes, without a change in status, |
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the position of the Department of State Health Services in a |
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negotiation or proceeding relating to an activity transferred by |
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this Act to the Commission on State Emergency Communications to |
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which the Department of State Health Services is a party; and |
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(6) the unexpended and unobligated balance of any |
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money appropriated by the legislature for the Department of State |
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Health Services relating to regional poison control centers is |
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transferred to the Commission on State Emergency Communications. |
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(b) Before May 1, 2010, the Department of State Health |
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Services may agree with the Commission on State Emergency |
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Communications to transfer any property of the Department of State |
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Health Services to the Commission on State Emergency Communications |
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to implement the transfer required by this section. |
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(c) During the period beginning on September 1, 2009, and |
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ending on April 30, 2010: |
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(1) the Department of State Health Services shall |
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continue to perform functions and activities relating to regional |
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poison control centers under the Health and Safety Code or other law |
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as if the law had not been amended or repealed, as applicable, and |
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the former law is continued in effect for that purpose; and |
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(2) a person who is authorized or required by law to |
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take an action relating to the Department of State Health Services |
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or a member of the Department of State Health Services relating to |
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regional poison control centers shall continue to take that action |
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under the law as if the law had not been amended or repealed, as |
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applicable, and the former law is continued in effect for that |
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purpose. |
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SECTION 12. The term of a member serving on the coordinating |
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committee on poison control immediately preceding the effective |
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date of this Act expires on that date. The member may be |
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reappointed to the committee. |
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SECTION 13. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1093 was passed by the House on April |
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28, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1093 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |