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A BILL TO BE ENTITLED
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AN ACT
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relating to the disproportionality of certain groups in the |
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juvenile justice, child welfare, health, and mental health systems |
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and the disproportionality of the delivery of certain services in |
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the education system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Human Resources Code, is amended by |
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adding Chapter 2 to read as follows: |
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CHAPTER 2. INTERAGENCY COUNCIL FOR ADDRESSING DISPROPORTIONALITY |
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Sec. 2.001. INTERAGENCY COUNCIL FOR ADDRESSING |
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DISPROPORTIONALITY. The Interagency Council for Addressing |
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Disproportionality is established to: |
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(1) examine the level of disproportionate involvement |
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of children who are members of a racial or ethnic minority group at |
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each stage in the juvenile justice, child welfare, and mental |
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health systems, including: |
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(A) the points of entry; |
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(B) each point at which a treatment decision is |
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made; and |
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(C) the outcomes for the children exiting the |
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systems; |
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(2) examine issues relating to the disproportionate |
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delivery of various educational services to children who are |
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members of a racial or ethnic minority group in the education |
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system; |
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(3) make recommendations to: |
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(A) reduce the involvement of children who are |
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members of a racial or ethnic minority group in the juvenile |
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justice, child welfare, and mental health systems; and |
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(B) improve the children's success in the |
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education system; and |
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(4) assist the Health and Human Services Commission in |
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eliminating health and health access disparities in Texas among |
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racial, multicultural, disadvantaged, ethnic, and regional |
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populations. |
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Sec. 2.002. COMPOSITION OF COUNCIL; MEETINGS. (a) The |
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council consists of: |
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(1) one representative from each of the following |
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agencies appointed by the executive director, director, or |
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commissioner of each agency: |
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(A) the Texas Education Agency; |
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(B) the Center for Elimination of |
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Disproportionality and Disparities within the Health and Human |
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Services Commission; |
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(C) the Department of Assistive and |
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Rehabilitative Services; |
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(D) the Department of Aging and Disability |
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Services; |
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(E) the Department of State Health Services; |
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(F) the Department of Family and Protective |
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Services; |
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(G) the Texas Youth Commission; |
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(H) the Texas Juvenile Probation Commission; |
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(I) the Health and Human Services Commission; and |
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(J) the Office of Court Administration of the |
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Texas Judicial System; |
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(2) one representative of the office of the attorney |
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general appointed by the attorney general; |
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(3) one representative of the Permanent Judicial |
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Commission for Children, Youth and Families appointed by the chair |
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of the commission; |
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(4) one representative of a community-based |
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organization that works with child welfare, juvenile justice, |
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education, or children's mental health issues appointed by the |
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executive commissioner of the Health and Human Services Commission; |
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(5) one representative of a faith-based community |
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organization appointed by the executive commissioner of the Health |
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and Human Services Commission; |
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(6) one person who is a former foster care youth |
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appointed by the executive commissioner of the Health and Human |
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Services Commission; and |
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(7) two representatives of the medical community |
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appointed by the executive commissioner of the Health and Human |
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Services Commission. |
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(b) A representative of an agency appointed to the council |
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must have an overall understanding of the agency's mission and |
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purpose and substantial experience and expertise relating to the |
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administration of the agency's policies, programs, and activities. |
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(c) The representative from the Center for Elimination of |
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Disproportionality and Disparities within the Health and Human |
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Services Commission serves as the presiding officer of the council. |
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(d) A person who is appointed to the council must complete a |
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cultural competency training program approved by the presiding |
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officer of the council. |
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(e) The council shall meet at least quarterly. |
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Sec. 2.003. COUNCIL DUTIES IN PREPARATION OF REPORT. The |
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council's duties include: |
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(1) reviewing the delivery of public and private child |
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welfare, juvenile justice, and mental health services to evaluate |
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the disproportionate rates of use of the services by children who |
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are members of a racial or ethnic minority group; |
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(2) reviewing the delivery of public and private |
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education services to determine which of those services are |
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delivered disproportionately to children who are members of a |
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racial or ethnic minority group; |
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(3) reviewing federal, state, and local funds |
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appropriated to address the disproportionate use of children's |
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services by children who are members of a racial or ethnic minority |
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group; |
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(4) reviewing current best practice standards |
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addressing the disproportionate use of children's services by |
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children who are members of a racial or ethnic minority group; |
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(5) examining the qualifications and training of |
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children's service providers and making recommendations for |
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training curriculum and other necessary changes; |
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(6) recommending methods to improve use of available |
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public and private funds to address the disproportionate use of |
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children's services by children who are members of a racial or |
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ethnic minority group; |
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(7) providing information concerning identified unmet |
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children's service needs and providing recommendations concerning |
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the development of resources to meet the identified needs; |
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(8) examining outcomes for children who are members of |
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a racial or ethnic minority group who have exited or will exit the |
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public and private child welfare, juvenile justice, mental health, |
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and education systems; |
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(9) recommending administrative and legislative |
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actions related to appropriate programs and services to reduce and |
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eliminate disparities in the systems and improve the long-term |
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outcomes for children who are members of a racial or ethnic minority |
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group who are served by the systems; and |
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(10) preparing a report consisting of the council's |
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findings and recommendations and the presentation of an |
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implementation plan to address disproportionate representation of |
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children who are members of a racial or ethnic minority group in the |
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use of children's services. |
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Sec. 2.004. ADDITIONAL COUNCIL DUTIES. (a) The council |
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shall: |
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(1) investigate and report on issues related to health |
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and health access disparities among racial, multicultural, |
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disadvantaged, ethnic, and regional populations; |
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(2) develop short-term and long-term strategies to |
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eliminate health and health access disparities among racial, |
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multicultural, disadvantaged, ethnic, and regional populations; |
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(3) monitor the progress of each health and human |
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services agency in eliminating health and health access |
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disparities; and |
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(4) advise each health and human services agency on |
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the implementation of any targeted programs or funding authorized |
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by the legislature to address health and health access disparities. |
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(b) In performing the duties described by Subsection (a), |
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the council shall consult with each health and human services |
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agency, the Center for Elimination of Disproportionality and |
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Disparities, and any other relevant division of the Health and |
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Human Services Commission. |
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(c) If the council develops information in the course of |
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performing its duties under this section, the council shall attach |
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that information to the report required by Section 2.005. |
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Sec. 2.005. COUNCIL REPORT. Not later than December 1, |
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2012, the council shall prepare and submit to the lieutenant |
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governor, the speaker of the house of representatives, and the |
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legislature a report containing the council's findings and |
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recommendations for addressing the disproportionate representation |
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of children who are members of a racial or ethnic minority group in |
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the use of children's services and the council's recommendation as |
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to whether to continue the council. |
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Sec. 2.006. REIMBURSEMENT FOR EXPENSES. A council member |
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is not entitled to compensation but may be entitled to |
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reimbursement for the member's travel expenses as provided by |
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Chapter 660, Government Code, and the General Appropriations Act. |
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Sec. 2.007. APPLICABILITY OF OTHER LAW. Chapter 2110, |
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Government Code, does not apply to the council. |
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Sec. 2.008. EXPIRATION OF CHAPTER. This chapter expires |
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December 1, 2013. |
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SECTION 2. Chapter 107A, Health and Safety Code, is amended |
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to read as follows: |
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CHAPTER 107A. CENTER FOR [OFFICE FOR THE] ELIMINATION OF |
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DISPROPORTIONALITY AND [HEALTH] DISPARITIES |
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Sec. 107A.001. CENTER FOR [OFFICE FOR THE] ELIMINATION OF |
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DISPROPORTIONALITY AND [HEALTH] DISPARITIES. The executive |
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commissioner of the Health and Human Services Commission shall |
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maintain a center for [an office for the] elimination of |
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disproportionality and [health] disparities in the Health and Human |
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Services Commission to: |
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(1) assume a leadership role in working or contracting |
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with state and federal agencies, universities, private interest |
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groups, communities, foundations, and offices of minority health to |
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develop health initiatives to decrease or eliminate health and |
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health access disparities among racial, multicultural, |
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disadvantaged, ethnic, and regional populations, including |
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appropriate language services; and |
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(2) maximize use of existing resources without |
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duplicating existing efforts. |
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Sec. 107A.002. POWERS OF CENTER [OFFICE]. The center |
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[office] may: |
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(1) provide a central information and referral source, |
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including a clearinghouse for health disparities information, and |
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serve as the primary state resource in coordinating, planning, and |
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advocating access to health care services to eliminate health |
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disparities in this state; |
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(2) coordinate conferences and other training |
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opportunities to increase skills among state agencies and |
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government staff in management and in the appreciation of cultural |
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diversity; |
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(3) pursue and administer grant funds for innovative |
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projects for communities, groups, and individuals; |
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(4) provide recommendations and training in improving |
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minority recruitment in state agencies; |
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(5) publicize information regarding health |
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disparities and minority health issues through the use of the |
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media; |
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(6) network with existing minority organizations, |
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community-based health groups, and statewide health coalitions; |
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(7) solicit, receive, and spend grants, gifts, and |
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donations from public and private sources; and |
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(8) contract with public and private entities in the |
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performance of its responsibilities. |
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Sec. 107A.003. FUNDING. The Health and Human Services |
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Commission may distribute to the center [office] unobligated and |
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unexpended appropriations to be used to carry out its powers. |
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SECTION 3. Chapter 107, Health and Safety Code, is |
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repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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