82R9306 T

By: Alvarado H.B. No. 2306

A BILL TO BE ENTITLED

AN ACT

relating to certain health and safety matters regarding appropriate places of employment and places that are accessible to the public.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 161.0901(b), Health and Safety Code, is amended to read as follows:

(b) The report must include, at a minimum:

(1) a baseline of statistics and analysis regarding retail compliance with this subchapter, Subchapter K, and Chapters 154 and 155, Tax Code;

(2) a baseline of statistics and analysis regarding illegal tobacco sales, including:

(A) sales to minors;

(B) enforcement actions concerning minors; and

(C) sources of citations;

(3) tobacco controls and initiatives by the Office of Smoking and Health of the department, or any other state agency, including an evaluation of the effectiveness of the controls and initiatives;

(4) the future goals and plans of the Office of Smoking and Health of the department to decrease the use of tobacco and tobacco products, including the determination of potential measures to address relevant air quality issues;

(5) the educational programs of the Office of Smoking and Health of the department and the effectiveness of those programs, including programs to increase awareness of potential measures to address relevant air quality issues; and

(6) the incidence of use of tobacco and tobacco products by regions in this state, including use of cigarettes and tobacco products by ethnicity.

SECTION 2. Section 161.253(a), Health and Safety Code, is amended to read as follows:

(a) On conviction of an individual for an offense under Section 161.252, the court shall suspend execution of sentence and shall require the defendant to attend a tobacco awareness program, which must include increasing the awareness of potential measures to address relevant air quality issues, approved by the commissioner. The court may require the parent or guardian of the defendant to attend the tobacco awareness program with the defendant.

SECTION 3. Section 161.301(a), Health and Safety Code, is amended to read as follows:

(a) The commissioner shall develop and implement a public awareness campaign designed to reduce tobacco use by minors in this state. The campaign may use advertisements or similar media to provide educational information about tobacco use. The commissioner shall also determine and promote the implementation of potential measures to address relevant air quality issues.

SECTION 4. Section 161.302(a), Health and Safety Code, is amended to read as follows:

(a) The entity administering Section 161.301 shall also develop and implement a grant program to support youth groups that include as a part of the group's program components related to reduction of tobacco use by the group's members, including increasing the awareness of potential measures to address relevant air quality issues.

SECTION 5. Section 161.354(c), Health and Safety Code, is amended to read as follows:

(c) Information included in a report filed under this subchapter is confidential if the department determines that there is no reasonable scientific basis for concluding that the availability of the information could reduce risks to public health, including increasing the awareness of potential measures to address relevant air quality issues.

SECTION 6. Subsections(a) and (d), Section 242.001, Health and Safety Code, are amended to read as follows:

(a) It is the goal of this chapter to ensure that institutions in this state deliver the highest possible quality of care. This chapter, and the rules and standards adopted under this chapter, establish minimum acceptable levels of care. A violation of a minimum acceptable level of care established under this chapter or a rule or standard adopted under this chapter is forbidden by law. Each institution licensed under this chapter shall, at a minimum, provide quality care in accordance with this chapter and the rules and standards. Components of quality of care addressed by these rules and standards include:

(1) quality of life;

(2) access to care;

(3) continuity of care;

(4) comprehensiveness of care;

(5) coordination of services;

(6) humaneness of treatment;

(7) conservatism in intervention;

(8) health and safety, including relevant air quality, of the environment;

(9) professionalism of caregivers; and

(10) participation in useful studies.

(d) The legislature finds that the construction, maintenance, and operation of institutions shall be regulated in a manner that protects the residents of the institutions by:

(1) providing the highest possible quality of care;

(2) strictly monitoring all factors relating to the health, safety, welfare, and dignity of each resident, including relevant air quality;

(3) imposing prompt and effective remedies for noncompliance with licensing standards; and

(4) providing the public with information concerning the operation of institutions in this state.

SECTION 7. Subsections (a) and (e), Section 242.037, Health and Safety Code, are amended to read as follows:

(a) The department shall make and enforce rules and minimum standards to implement this chapter, including rules and minimum standards relating to quality of life, quality of care, and residents' rights, including relevant air quality.

(e) In addition to standards or rules required by other provisions of this chapter, the board shall adopt, publish, and enforce minimum standards relating to:

(1) the construction of an institution, including plumbing, heating, lighting, ventilation, and other housing conditions, to ensure the residents' health, safety, comfort, and protection from fire hazard, including relevant air quality;

(2) the regulation of the number and qualification of all personnel, including management and nursing personnel, responsible for any part of the care given to the residents;

(3) requirements for in-service education of all employees who have any contact with the residents;

(4) training on the care of persons with Alzheimer's disease and related disorders for employees who work with those persons;

(5) sanitary and related conditions in an institution and its surroundings, including water supply, sewage disposal, food handling, and general hygiene in order to ensure the residents' health, safety, and comfort;

(6) the nutritional needs of each resident according to good nutritional practice or the recommendations of the physician attending the resident;

(7) equipment essential to the residents' health and welfare;

(8) the use and administration of medication in conformity with applicable law and rules;

(9) care and treatment of residents and any other matter related to resident health, safety, and welfare;

(10) licensure of institutions; and

(11) implementation of this chapter.

SECTION 8. Section 248.026(a), Health and Safety Code, is amended to read as follows:

(a) The board shall adopt rules necessary to implement this chapter. The rules must establish minimum standards for special care facilities relating to:

(1) the issuance, renewal, denial, suspension, and revocation of the license required by this chapter;

(2) the qualifications, duties, and supervision of professional and nonprofessional personnel and volunteers;

(3) residents' rights;

(4) medical and nursing care and services provided by a license holder;

(5) the organizational structure, lines of authority, delegation of responsibility, and operation of a special care facility;

(6) records of care and services kept by the license holder, including the disposal or destruction of those records;

(7) health, safety, fire prevention, and sanitary provisions, including relevant air quality;

(8) transfer of residents in a medically appropriate manner from or to a special care facility;

(9) construction plan approval and inspection; and

(10) any aspects of a special care facility as necessary to protect the public or residents of the facility.

SECTION 9. Subsections (a) and (b), Section 385.002, Health and Safety Code, are amended to read as follows:

(a) The board by rule shall establish voluntary guidelines for indoor air quality in, and air quality of common outside areas connected to or immediately contiguous to indoor areas of, government buildings, including guidelines for ventilation and indoor air pollution control systems. The board may adopt other rules necessary to implement this chapter.

(b) In establishing the guidelines, the board shall consider:

(1) the potential chronic effects of air contaminants on human health;

(2) the potential effects of insufficient ventilation of the indoor, or immediately contiguous outdoor, environment on human health;

(3) the potential costs of health care for the short- term and long-term effects on human health that may result from exposure to indoor air contaminants; and

(4) the potential costs of compliance with a proposed guideline.

SECTION 10. The legislature finds that the quality of the air in appropriate places of employment and appropriate places that are accessible to the public shall be maintained and improved with effective and necessary measures, prescribed by statute or rule, that protect the general health, safety, and welfare.

SECTION 11. This Act takes effect September 1, 2011.