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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Public Health Funding and |
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Policy Committee within the Department of State Health Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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amended by adding Chapter 117 to read as follows: |
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CHAPTER 117. PUBLIC HEALTH FUNDING AND POLICY COMMITTEE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 117.001. DEFINITIONS. In this chapter: |
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(1) "Commissioner" means the commissioner of state |
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health services. |
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(2) "Committee" means the Public Health Funding and |
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Policy Committee established under Section 117.051. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "Local health department" means a local health |
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department established under Subchapter D, Chapter 121. |
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(5) "Local health entity" means a local health unit, a |
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local health department, or a public health district. |
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(6) "Local health unit" has the meaning assigned by |
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Section 121.004. |
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(7) "Public health district" means a health district |
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established under Subchapter E, Chapter 121. |
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Sec. 117.002. APPLICATION OF SUNSET ACT. The Public Health |
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Funding and Policy Committee is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the committee is abolished and this chapter |
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expires September 1, 2023. |
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Sec. 117.003. ADMINISTRATIVE COSTS. To the extent that a |
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term or condition of a federal grant or federal law does not limit |
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the use of federal grant money, the department or a local health |
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entity may use federal grant money to pay the administrative costs |
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incurred by the department or the local health entity in |
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implementing and administering this chapter. |
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[Sections 117.004-117.050 reserved for expansion] |
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SUBCHAPTER B. ESTABLISHMENT OF COMMITTEE |
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Sec. 117.051. ESTABLISHMENT OF COMMITTEE. The commissioner |
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shall establish the Public Health Funding and Policy Committee |
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within the department. |
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Sec. 117.052. APPOINTMENT OF MEMBERS. (a) The |
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commissioner shall appoint nine members to the committee as |
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follows: |
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(1) two regional health directors, each of whom is |
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serving as a health authority in a municipality or county; |
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(2) one local health entity representative of a |
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municipality or county with a population of 50,000 or less; |
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(3) one local health entity representative from a |
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municipality or county with a population greater than 50,000 but |
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less than 250,000; |
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(4) one local health entity representative from a |
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municipality or county with a population of at least 250,000; |
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(5) two local health entity representatives, each of |
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whom serves in a municipality or county as the health authority; and |
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(6) two representatives of schools of public health at |
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institutions of higher education in this state. |
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(b) In making appointments under Subsections (a)(2), (3), |
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(4), and (5), the commissioner shall select the members from |
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nominations by associations representing local health departments, |
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county governments, and municipal governments. |
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Sec. 117.053. TERMS; VACANCY. (a) Committee members serve |
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staggered six-year terms, with the terms of three members expiring |
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on February 1 of each odd-numbered year. |
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(b) If a vacancy occurs on the committee, a person shall be |
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appointed to fill the vacancy for the unexpired term in the same |
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manner as the original appointment. |
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Sec. 117.054. COMPENSATION AND REIMBURSEMENT. A committee |
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member is not entitled to compensation for service on the committee |
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and is not entitled to reimbursement for any travel expenses. |
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Sec. 117.055. PRESIDING OFFICER. The presiding officer is |
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elected by a majority vote of all the committee members. |
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Sec. 117.056. MEETINGS. (a) The committee shall meet at |
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least quarterly or more frequently at the call of the presiding |
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officer. |
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(b) To ensure appropriate representation from all areas of |
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this state, the committee may meet by videoconference or telephone |
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conference call. A meeting held by videoconference or telephone |
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conference call under this subsection must comply with the |
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requirements applicable to a telephone conference call under |
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Sections 551.125(c), (d), (e), and (f), Government Code. Sections |
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551.125(b) and 551.127, Government Code, do not apply to the |
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committee. |
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[Sections 117.057-117.100 reserved for expansion] |
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SUBCHAPTER C. DUTIES OF COMMITTEE |
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Sec. 117.101. GENERAL DUTIES OF COMMITTEE. (a) The |
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committee shall: |
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(1) define the core public health services a local |
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health entity should provide in a county or municipality; |
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(2) evaluate public health in this state and identify |
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initiatives for areas that need improvement; |
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(3) identify all funding sources available for use by |
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local health entities to perform core public health functions; |
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(4) establish public health policy priorities for this |
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state; and |
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(5) at least annually, make formal recommendations to |
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the department regarding: |
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(A) the use and allocation of funds available |
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exclusively to local health entities to perform core public health |
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functions; |
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(B) ways to improve the overall public health of |
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citizens in this state; |
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(C) methods for transitioning from a contractual |
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relationship between the department and the local health entities |
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to a cooperative-agreement relationship between the department and |
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the local health entities; and |
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(D) methods for fostering a continuous |
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collaborative relationship between the department and the local |
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health entities. |
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(b) Recommendations made under Subsection (a)(5)(A) must be |
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in accordance with: |
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(1) prevailing epidemiological evidence, variations |
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in geographic and population needs, best practices, and |
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evidence-based interventions related to the populations to be |
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served; |
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(2) state and federal law; and |
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(3) federal funding requirements. |
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Sec. 117.102. PUBLIC TESTIMONY. (a) At least |
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semiannually, the committee shall: |
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(1) invite public health stakeholders, including |
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federal public health officials, county and municipal governments, |
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schools of public health at institutions of higher education, and |
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federally qualified health centers, to give oral or written |
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testimony to the committee; and |
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(2) provide opportunities for the general public to |
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give oral or written testimony to the committee. |
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(b) The committee shall consult with public health |
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stakeholders to carry out the general duties of the committee. |
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Sec. 117.103. ANNUAL REPORT. Beginning in 2012, not later |
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than November 30 of each year the committee shall file a report on |
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the implementation of this chapter with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives. |
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Sec. 117.104. SUPPORT STAFF. Using existing personnel and |
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videoconferencing equipment, local health entities or their |
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designees may assist the committee in the performance of its duties |
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under this chapter. |
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Sec. 117.105. OPEN MEETINGS ACT. Except as provided by |
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Section 117.056, the committee is subject to Chapter 551, |
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Government Code. |
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[Sections 117.106-117.150 reserved for expansion] |
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SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT |
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Sec. 117.151. ANNUAL REPORT. (a) Beginning in 2012, not |
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later than November 30 of each year the department shall file an |
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annual report with the governor, the lieutenant governor, and the |
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speaker of the house of representatives detailing: |
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(1) the implementation of the committee's |
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recommendations described in Section 117.101(a)(5); and |
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(2) an explanation of the department's reasons for not |
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implementing a recommendation. |
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(b) A decision by the department not to implement a |
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recommendation of the committee must be based on: |
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(1) a lack of available funding; |
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(2) evidence that the recommendation is not in |
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accordance with prevailing epidemiological evidence, variations in |
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geographic and population needs, best practices, or evidence-based |
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interventions related to the populations to be served; |
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(3) evidence that implementing the recommendation |
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would violate state or federal law; or |
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(4) evidence that the recommendation would violate |
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federal funding requirements. |
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Sec. 117.152. COLLABORATIVE RELATIONSHIP WITH LOCAL HEALTH |
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ENTITIES. The department shall establish a continuous |
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collaborative relationship with local health departments. |
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Sec. 117.153. COOPERATIVE AGREEMENT PLAN. Not later than |
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June 30, 2012, the department shall develop a plan to transition |
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from contractual agreements with local health entities to |
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cooperative agreements with local health entities. The plan must |
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include a mechanism to ensure that the local health entities are |
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accountable to the department for the funds allocated. This |
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section expires June 30, 2013. |
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SECTION 2. Subchapter B, Chapter 1001, Health and Safety |
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Code, is amended by adding Section 1001.0305 to read as follows: |
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Sec. 1001.0305. LOCAL HEALTH ENTITY POLICY. In developing |
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policy related to funding local health entities as defined by |
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Section 117.001, the department shall consult with the Public |
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Health Funding and Policy Committee established under Chapter 117. |
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SECTION 3. (a) As soon as practicable after the effective |
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date of this Act but not later than October 1, 2011, the |
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commissioner of state health services shall appoint the members of |
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the Public Health Funding and Policy Committee established by |
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Section 117.051, Health and Safety Code, as added by this Act. |
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(b) Not later than the 30th day after the date all members |
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are appointed to the Public Health Funding and Policy Committee as |
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required by Subsection (a) of this section, the commissioner of |
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state health services shall call the first meeting of the |
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committee. |
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(c) At the first meeting of the initial members of the |
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Public Health Funding and Policy Committee, the members shall draw |
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lots to determine which three members will serve initial two-year |
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terms expiring February 1, 2013, which three members will serve |
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initial four-year terms expiring February 1, 2015, and which three |
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members will serve initial six-year terms expiring February 1, |
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2017. |
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SECTION 4. This Act takes effect September 1, 2011. |