| |
| |
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A BILL TO BE ENTITLED
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|
AN ACT
|
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relating to the repeal of certain health programs, task forces, and |
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councils, and to the review of certain health programs, councils, |
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and divisions under the Texas Sunset Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.021(b), Government Code, is amended |
|
|
to read as follows: |
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(b) The commission shall: |
|
|
(1) plan and direct the Medicaid program in each |
|
|
agency that operates a portion of the Medicaid program, including |
|
|
the management of the Medicaid managed care system and the |
|
|
development, procurement, management, and monitoring of contracts |
|
|
necessary to implement the Medicaid managed care system; |
|
|
(2) adopt reasonable rules and standards governing the |
|
|
determination of fees, charges, and rates for medical assistance |
|
|
payments under Chapter 32, Human Resources Code, in consultation |
|
|
with the agencies that operate the Medicaid program; and |
|
|
(3) establish requirements for and define the scope of |
|
|
the ongoing evaluation of the Medicaid managed care system |
|
|
[conducted in conjunction with the Texas Health Care Information
|
|
|
Council under Section 108.0065, Health and Safety Code]. |
|
|
SECTION 2. Section 531.0214(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) To minimize cost and duplication of activities, the |
|
|
commission shall assist and coordinate: |
|
|
(1) the efforts of the agencies that are participating |
|
|
in the development of the system required by Subsection (a); and |
|
|
(2) the efforts of those agencies with the efforts of |
|
|
other agencies involved in a [statewide] health care data |
|
|
collection system used by the Department of State Health Services |
|
|
[provided for by Section 108.006, Health and Safety Code], |
|
|
including avoiding duplication of expenditure of state funds for |
|
|
computer hardware, staff, or services. |
|
|
SECTION 3. Section 2054.0541, Government Code, is amended |
|
|
to read as follows: |
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|
Sec. 2054.0541. STATEWIDE HEALTH CARE DATA COLLECTION |
|
|
SYSTEM. The department shall assist [the Texas Health Care
|
|
|
Information Council and] the [Texas] Department of State Health |
|
|
Services with planning, analyses, and management functions |
|
|
relating to the procurement, use, and implementation of a |
|
|
[statewide] health care data collection system used by the |
|
|
Department of State Health Services [under Chapter 108, Health and
|
|
|
Safety Code]. |
|
|
SECTION 4. Chapter 35, Health and Safety Code, is amended by |
|
|
adding Section 35.014 to read as follows: |
|
|
Sec. 35.014. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
services program for children with special health care needs is |
|
|
subject to review under Chapter 325, Government Code (Texas Sunset |
|
|
Act), as if it were a state agency subject to review under that |
|
|
chapter. If the program is not continued in existence in accordance |
|
|
with that chapter, the program is abolished and this chapter |
|
|
expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 5. Chapter 36, Health and Safety Code, is amended by |
|
|
adding Section 36.015 to read as follows: |
|
|
Sec. 36.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
screening program for special senses and communication disorders |
|
|
established under this chapter is subject to review under Chapter |
|
|
325, Government Code (Texas Sunset Act), as if it were a state |
|
|
agency subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 6. Chapter 37, Health and Safety Code, is amended by |
|
|
adding Section 37.007 to read as follows: |
|
|
Sec. 37.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
program to detect abnormal spinal curvature in children established |
|
|
under this chapter is subject to review under Chapter 325, |
|
|
Government Code (Texas Sunset Act), as if it were a state agency |
|
|
subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 7. Chapter 38, Health and Safety Code, is amended by |
|
|
adding Section 38.003 to read as follows: |
|
|
Sec. 38.003. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
program for the control and eradication of pediculosis in minors |
|
|
established under this chapter is subject to review under Chapter |
|
|
325, Government Code (Texas Sunset Act), as if it were a state |
|
|
agency subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 8. Chapter 39, Health and Safety Code, is amended by |
|
|
adding Section 39.007 to read as follows: |
|
|
Sec. 39.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
children's outreach heart program is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 9. Chapter 40, Health and Safety Code, is amended by |
|
|
adding Section 40.008 to read as follows: |
|
|
Sec. 40.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
epilepsy program established under this chapter is subject to |
|
|
review under Chapter 325, Government Code (Texas Sunset Act), as if |
|
|
it were a state agency subject to review under that chapter. If the |
|
|
program is not continued in existence in accordance with that |
|
|
chapter, the program is abolished and this chapter expires |
|
|
September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 10. Chapter 41, Health and Safety Code, is amended |
|
|
by adding Section 41.008 to read as follows: |
|
|
Sec. 41.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
hemophilia assistance program is subject to review under Chapter |
|
|
325, Government Code (Texas Sunset Act), as if it were a state |
|
|
agency subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 11. Chapter 42, Health and Safety Code, is amended |
|
|
by adding Section 42.019 to read as follows: |
|
|
Sec. 42.019. SUNSET PROVISION. The kidney health care |
|
|
division is subject to Chapter 325, Government Code (Texas Sunset |
|
|
Act). Unless continued in existence as provided by that chapter, |
|
|
the division is abolished and this chapter expires September 1, |
|
|
2019. |
|
|
SECTION 12. Chapter 43, Health and Safety Code, is amended |
|
|
by adding Section 43.015 to read as follows: |
|
|
Sec. 43.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
oral health improvement services program is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 13. Chapter 46, Health and Safety Code, is amended |
|
|
by adding Section 46.008 to read as follows: |
|
|
Sec. 46.008. APPLICATION OF SUNSET ACT TO SYSTEM. (a) The |
|
|
system created by Section 46.002(a) is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the system is |
|
|
not continued in existence in accordance with that chapter, the |
|
|
system is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the system. |
|
|
SECTION 14. Chapter 47, Health and Safety Code, is amended |
|
|
by adding Section 47.010 to read as follows: |
|
|
Sec. 47.010. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
newborn hearing screening, tracking, and intervention program is |
|
|
subject to review under Chapter 325, Government Code (Texas Sunset |
|
|
Act), as if it were a state agency subject to review under that |
|
|
chapter. If the program is not continued in existence in accordance |
|
|
with that chapter, the program is abolished and this chapter |
|
|
expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 15. Section 81.010, Health and Safety Code, is |
|
|
amended by adding Subsection (l) to read as follows: |
|
|
(l) The Interagency Coordinating Council for HIV and |
|
|
Hepatitis is subject to Chapter 325, Government Code (Texas Sunset |
|
|
Act). Unless continued in existence as provided by that chapter, |
|
|
the council is abolished and this section expires September 1, |
|
|
2019. |
|
|
SECTION 16. Chapter 83, Health and Safety Code, is amended |
|
|
by adding Section 83.0085 to read as follows: |
|
|
Sec. 83.0085. APPLICATION OF SUNSET ACT TO PROGRAM. (a) |
|
|
The program created by Section 83.008 is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 17. Subchapter B, Chapter 85, Health and Safety |
|
|
Code, is amended by adding Section 85.045 to read as follows: |
|
|
Sec. 85.045. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
state grant program established under this subchapter is subject to |
|
|
review under Chapter 325, Government Code (Texas Sunset Act), as if |
|
|
it were a state agency subject to review under that chapter. If the |
|
|
program is not continued in existence in accordance with that |
|
|
chapter, the program is abolished and this subchapter expires |
|
|
September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 18. Subchapter C, Chapter 85, Health and Safety |
|
|
Code, is amended by adding Section 85.067 to read as follows: |
|
|
Sec. 85.067. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
Texas HIV medication program is subject to review under Chapter |
|
|
325, Government Code (Texas Sunset Act), as if it were a state |
|
|
agency subject to review under that chapter. If the program is not |
|
|
continued in existence in accordance with that chapter, the program |
|
|
is abolished and this subchapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 19. Subchapter D, Chapter 85, Health and Safety |
|
|
Code, is amended by adding Section 85.090 to read as follows: |
|
|
Sec. 85.090. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
testing, registration, and counseling programs established under |
|
|
this subchapter are subject to review under Chapter 325, Government |
|
|
Code (Texas Sunset Act), as if they were a state agency subject to |
|
|
review under that chapter. If the programs are not continued in |
|
|
existence in accordance with that chapter, the programs are |
|
|
abolished and this subchapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the programs. |
|
|
SECTION 20. Subchapter A, Chapter 86, Health and Safety |
|
|
Code, is amended by adding Section 86.006 to read as follows: |
|
|
Sec. 86.006. SUNSET PROVISION. The advisory council is |
|
|
subject to Chapter 325, Government Code (Texas Sunset Act). Unless |
|
|
continued in existence as provided by that chapter, the council is |
|
|
abolished and this subchapter expires September 1, 2019. |
|
|
SECTION 21. Section 86.012, Health and Safety Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) The advisory committee is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the committee is abolished and this |
|
|
section expires September 1, 2019. |
|
|
SECTION 22. Section 86.103, Health and Safety Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) The advisory council is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the council is abolished and this |
|
|
section expires September 1, 2019. |
|
|
SECTION 23. Chapter 90, Health and Safety Code, is amended |
|
|
by adding Section 90.004 to read as follows: |
|
|
Sec. 90.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
osteoporosis program created by Section 90.002 is subject to review |
|
|
under Chapter 325, Government Code (Texas Sunset Act), as if it were |
|
|
a state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 24. Chapter 91, Health and Safety Code, is amended |
|
|
by adding Section 91.004 to read as follows: |
|
|
Sec. 91.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
program created by Section 91.002 is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 25. Subchapter A, Chapter 93, Health and Safety |
|
|
Code, is amended by adding Section 93.015 to read as follows: |
|
|
Sec. 93.015. SUNSET PROVISION. The Council on |
|
|
Cardiovascular Disease and Stroke is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the council is abolished and this |
|
|
chapter expires September 1, 2019. |
|
|
SECTION 26. Chapter 97, Health and Safety Code, is amended |
|
|
by adding Section 97.008 to read as follows: |
|
|
Sec. 97.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The |
|
|
arthritis control and prevention program is subject to review under |
|
|
Chapter 325, Government Code (Texas Sunset Act), as if it were a |
|
|
state agency subject to review under that chapter. If the program |
|
|
is not continued in existence in accordance with that chapter, the |
|
|
program is abolished and this chapter expires September 1, 2019. |
|
|
(b) To the extent that Chapter 325, Government Code (Texas |
|
|
Sunset Act), places a duty on a state agency subject to review under |
|
|
that chapter, the department shall perform the duty as it relates to |
|
|
the program. |
|
|
SECTION 27. Chapter 98, Health and Safety Code, as added by |
|
|
Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular |
|
|
Session, 2007, is amended by adding Section 98.003 to read as |
|
|
follows: |
|
|
Sec. 98.003. SUNSET PROVISION. The Advisory Panel on |
|
|
Health Care-Associated Infections and Preventable Adverse Events |
|
|
is subject to Chapter 325, Government Code (Texas Sunset Act). |
|
|
Unless continued in existence as provided by that chapter, the |
|
|
advisory panel is abolished and this chapter expires September 1, |
|
|
2019. |
|
|
SECTION 28. Chapter 101, Health and Safety Code, is amended |
|
|
by adding Section 101.011 to read as follows: |
|
|
Sec. 101.011. SUNSET PROVISION. The Texas Council on |
|
|
Alzheimer's Disease and Related Disorders is subject to Chapter |
|
|
325, Government Code (Texas Sunset Act). Unless continued in |
|
|
existence as provided by that chapter, the council is abolished and |
|
|
this chapter expires September 1, 2019. |
|
|
SECTION 29. Chapter 103, Health and Safety Code, is amended |
|
|
by adding Section 103.020 to read as follows: |
|
|
Sec. 103.020. SUNSET PROVISION. The Texas Diabetes Council |
|
|
is subject to Chapter 325, Government Code (Texas Sunset Act). |
|
|
Unless continued in existence as provided by that chapter, the |
|
|
council is abolished and this chapter expires September 1, 2019. |
|
|
SECTION 30. Section 105.002(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) To [In conjunction with the committee formed under
|
|
|
Section 104.0155, to avoid duplication of effort, and to] the |
|
|
extent funding is available through fees collected under Section |
|
|
301.155(c), Occupations Code, the council shall establish a nursing |
|
|
resource section within the center for the collection and analysis |
|
|
of educational and employment trends for nurses in this state. |
|
|
SECTION 31. Sections 105.008(e) and (h), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(e) The nursing resource section shall contract with an |
|
|
independent researcher to develop the research design and conduct |
|
|
the research. The independent researcher must be selected by a |
|
|
selection committee composed of: |
|
|
(1) [one representative elected by a majority of the
|
|
|
nursing advisory committee under Section 104.0155, who is the chair
|
|
|
of the selection committee;
|
|
|
[(2)] one representative designated by the Texas |
|
|
Health Care Policy Council; |
|
|
(2) [(3)] the presiding officer of the Texas Board of |
|
|
Nursing; |
|
|
(3) [(4)] one representative of the Texas Higher |
|
|
Education Coordinating Board, designated by the governor; |
|
|
(4) [(5)] one representative designated by the Texas |
|
|
Hospital Association; |
|
|
(5) [(6)] one representative designated by the Texas |
|
|
Association of Business; and |
|
|
(6) [(7)] one representative designated by a clinical |
|
|
competency assessment program that meets the requirements of |
|
|
Section 301.157(d-8), Occupations Code[; and
|
|
|
[(8)
the nurse researcher member of the nursing
|
|
|
advisory committee under Section 104.0155]. |
|
|
(h) The executive commissioner of the Health and Human |
|
|
Services Commission [nursing advisory committee formed under
|
|
|
Section 104.0155] shall oversee [serve as the oversight committee
|
|
|
for] the study. |
|
|
SECTION 32. Chapter 105, Health and Safety Code, is amended |
|
|
by adding Section 105.009 to read as follows: |
|
|
Sec. 105.009. EXPIRATION. This chapter expires July 1, |
|
|
2014. |
|
|
SECTION 33. Chapter 112, Health and Safety Code, is amended |
|
|
by adding Section 112.015 to read as follows: |
|
|
Sec. 112.015. SUNSET PROVISION. The Border Health |
|
|
Foundation is subject to Chapter 325, Government Code (Texas Sunset |
|
|
Act). Unless continued in existence as provided by that chapter, |
|
|
the foundation is abolished and this chapter expires September 1, |
|
|
2019. |
|
|
SECTION 34. Section 113.002, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 113.002. SUNSET PROVISION; ABOLISHMENT. The Texas |
|
|
Organ, Tissue, and Eye Donor Council is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the council is abolished and this |
|
|
chapter expires September 1, 2019 [2017], unless the department and |
|
|
the council mutually determine that the public interest is best |
|
|
served by abolition of the council and agree to abolish the council |
|
|
on an earlier date. |
|
|
SECTION 35. The heading to Chapter 114, Health and Safety |
|
|
Code, is amended to read as follows: |
|
|
CHAPTER 114. [INTERAGENCY] OBESITY COORDINATION EFFORT [COUNCIL] |
|
|
SECTION 36. Section 114.001, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 114.001. DEFINITION. In this chapter, "institution of |
|
|
higher education" has the meaning assigned by Section 61.003, |
|
|
Education Code ["council" means the interagency obesity council
|
|
|
created by this chapter]. |
|
|
SECTION 37. Section 114.005, Health and Safety Code, is |
|
|
amended to read as follows: |
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Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The institutions |
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of higher education that receive state money for obesity research |
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[council] shall jointly review the status of the programs of the |
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Department of Agriculture, the Department of State Health Services, |
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and the Texas Education Agency that promote better health and |
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nutrition and prevent obesity among children and adults in this |
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state. |
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SECTION 38. Sections 114.007(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) Not later than January 15 of each even-numbered |
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[odd-numbered] year, the institutions of higher education |
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performing the review under Section 114.005 [the council] shall |
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jointly submit a report to the governor, the lieutenant governor, |
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and the speaker of the house of representatives on the activities of |
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the institutions [council] under Section [Sections] 114.005 [and
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114.006] during the preceding two calendar years. |
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(b) A report submitted by the institutions of higher |
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education [council] under Subsection (a) must include the following |
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information regarding discussions of agency programs under Section |
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114.005: |
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(1) a list of the programs within each agency |
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[represented on the council] that are designed to promote better |
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health and nutrition; |
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(2) an assessment of the steps taken by each program |
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during the preceding two calendar years; |
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(3) a report of the progress made by taking these steps |
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in reaching each program's goals; |
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(4) the areas of improvement that are needed in each |
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program; and |
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(5) recommendations for future goals or legislation. |
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SECTION 39. Section 115.012, Health and Safety Code, as |
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added by Chapters 835 (S.B. 1824) and 1133 (H.B. 2196), Acts of the |
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81st Legislature, Regular Session, 2009, is amended to read as |
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follows: |
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Sec. 115.012. SUNSET PROVISION. The Interagency Task Force |
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for Children With Special Needs is subject to Chapter 325, |
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Government Code (Texas Sunset Act). Unless continued in existence |
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as provided by that chapter, the task force is abolished and this |
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chapter expires September 1, 2019 [2015]. |
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SECTION 40. Section 221.005(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) This chapter does not exempt a corporation or user from |
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compliance with Chapter [104 or] 225. |
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SECTION 41. Section 222.022(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Health care facility" means a public or private |
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hospital, skilled nursing facility, intermediate care facility, |
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ambulatory surgical center, family planning clinic that performs |
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ambulatory surgical procedures, rural or urban health initiative |
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clinic, end stage renal disease facility, or inpatient |
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rehabilitation facility. The term does not include the office of |
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physicians or practitioners of the healing arts practicing |
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individually or in groups or [has the meaning assigned by Section
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104.002, except that the term does not include] a chemical |
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dependency treatment facility licensed by the Department of State |
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Health Services [Texas Commission on Alcohol and Drug Abuse]. |
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SECTION 42. Section 311.033(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A hospital that does not submit to the department the |
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data required under this section is subject to civil penalties |
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under Section 311.0331 [104.043]. |
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SECTION 43. Subchapter C, Chapter 311, Health and Safety |
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Code, is amended by adding Section 311.0331 to read as follows: |
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Sec. 311.0331. FAILURE TO SUBMIT DATA; CIVIL PENALTY. (a) |
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If the department does not receive necessary data from a hospital as |
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required by Section 311.033, the department shall send to the |
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hospital a notice requiring the hospital to submit the data not |
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later than the 30th day after the date on which the hospital |
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receives the notice. |
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(b) A hospital that does not submit the data during the |
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period determined under Subsection (a) is subject to a civil |
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penalty of not more than $500 for each day after the period that |
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hospital fails to submit the data. |
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(c) At the request of the executive commissioner of the |
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Health and Human Services Commission, the attorney general shall |
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sue in the name of the state to recover the civil penalty. |
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SECTION 44. Section 501.253(a), Insurance Code, is amended |
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to read as follows: |
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(a) The office is entitled to information that is |
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confidential under a law of this state, including Section 843.006 |
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of this code[, Chapter 108, Health and Safety Code,] and Chapter |
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552, Government Code. |
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SECTION 45. Section 577.016(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may deny, suspend, or revoke a license if |
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the department finds that the applicant or licensee has |
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substantially failed to comply with: |
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(1) department rules; |
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(2) this subtitle; or |
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(3) Chapter [Chapters 104 and] 225. |
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SECTION 46. The following laws are repealed: |
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(1) Chapter 104, Health and Safety Code; |
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(2) Chapter 107, Health and Safety Code; |
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(3) Chapter 108, Health and Safety Code; |
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(4) Chapter 109, Health and Safety Code; and |
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(5) Sections 114.002, 114.003, 114.004, 114.006, |
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114.007(c), and 114.008, Health and Safety Code. |
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SECTION 47. On September 1, 2011: |
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(1) the statewide health coordinating council is |
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abolished; |
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(2) all property in the custody of the statewide |
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health coordinating council is transferred to the Department of |
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State Health Services; and |
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(3) all contracts, leases, rights, and obligations of |
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the statewide health coordinating council are transferred to the |
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Department of State Health Services. |
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SECTION 48. On September 1, 2011: |
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(1) the health disparities task force is abolished; |
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(2) all property in the custody of the health |
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disparities task force is transferred to the Department of State |
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Health Services; and |
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(3) all contracts, leases, rights, and obligations of |
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the health disparities task force are transferred to the Department |
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of State Health Services. |
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SECTION 49. On September 1, 2011: |
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(1) the Texas Health Care Policy Council is abolished; |
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(2) all property in the custody of the Texas Health |
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Care Policy Council is transferred to the Department of State |
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Health Services; and |
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(3) all contracts, leases, rights, and obligations of |
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the Texas Health Care Policy Council are transferred to the |
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Department of State Health Services. |
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SECTION 50. On September 1, 2011: |
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(1) the Interagency Obesity Council is abolished; |
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(2) all property in the custody of the Interagency |
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Obesity Council is transferred to the Department of State Health |
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Services; and |
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(3) all contracts, leases, rights, and obligations of |
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the Interagency Obesity Council are transferred to the Department |
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of State Health Services. |
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SECTION 51. This Act takes effect September 1, 2011. |