82R7786 YDB-F

By: Nelson S.B. No. 969

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Public Health Funding and Policy Advisory Committee within the Department of State Health Services.

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

SECTION 1. Subtitle E, Title 2, Health and Safety Code, is amended by adding Chapter 117 to read as follows:

CHAPTER 117. PUBLIC HEALTH FUNDING AND POLICY

ADVISORY COMMITTEE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 117.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of state health services.

(2) "Committee" means the Public Health Funding and Policy Advisory Committee established under Section 117.051.

(3) "Department" means the Department of State Health Services.

(4) "Local health department" means a local health department established under Subchapter D, Chapter 121.

(5) "Local health entity" means a local health unit, a local health department, or a public health district.

(6) "Local health unit" has the meaning assigned by Section 121.004.

(7) "Public health district" means a health district established under Subchapter E, Chapter 121.

Sec. 117.002. APPLICATION OF SUNSET ACT. The Public Health Funding and Policy 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 chapter expires September 1, 2023.

Sec. 117.003. APPLICABILITY OF OTHER LAW. Chapter 2110, Government Code, does not apply to the committee.

Sec. 117.004. ADMINISTRATIVE COSTS. To the extent that a term or condition of a federal grant or federal law does not limit the use of federal grant money, the department or a local health entity may use federal grant money to pay the administrative costs incurred by the department or the local health entity in implementing and administering this chapter.

[Sections 117.005-117.050 reserved for expansion]

SUBCHAPTER B. ESTABLISHMENT OF COMMITTEE

Sec. 117.051. ESTABLISHMENT OF COMMITTEE. The commissioner shall establish the Public Health Funding and Policy Advisory Committee within the department.

Sec. 117.052. APPOINTMENT OF MEMBERS. (a) The commissioner shall appoint seven members to the committee as follows:

(1) two regional health directors, each of whom is serving as a health authority in a municipality or county;

(2) one local health department representative of a municipality or county with a population of 50,000 or less;

(3) one local health department representative from a municipality or county with a population greater than 50,000 but less than 250,000;

(4) one local health department representative from a municipality or county with a population of at least 250,000;

(5) one local health department representative serving in a municipality or county as the health authority; and

(6) one representative of a school of public health at an institution of higher education in this state.

(b) In making appointments, the commissioner shall select the members from nominations by associations representing local health departments, county governments, and municipal governments.

Sec. 117.053. TERMS; VACANCY. (a) Committee members serve staggered six-year terms, with the terms of two or three members, as applicable, expiring on February 1 of each odd-numbered year.

(b) If a vacancy occurs on the committee, a person shall be appointed to fill the vacancy for the unexpired term in the same manner as the original appointment.

Sec. 117.054. COMPENSATION AND REIMBURSEMENT. A committee member is not entitled to compensation for service on the committee and is not entitled to reimbursement for any travel expenses.

Sec. 117.055. PRESIDING OFFICER. The presiding officer is elected by a majority vote of all the committee members.

Sec. 117.056. MEETINGS. (a) The committee shall meet at least monthly or more frequently at the call of the presiding officer.

(b) To ensure appropriate representation from all areas of this state, the committee may meet by videoconference or telephone conference call. A meeting held by videoconference or telephone conference call under this subsection must comply with the requirements applicable to a telephone conference call under Sections 551.125(c), (d), (e), and (f), Government Code.

[Sections 117.057-117.100 reserved for expansion]

SUBCHAPTER C. DUTIES OF COMMITTEE

Sec. 117.101. GENERAL DUTIES OF COMMITTEE. The committee shall:

(1) define and make recommendations to the department on the core public health services a local health department should provide in a county or municipality;

(2) evaluate public health in this state and identify initiatives for areas that need improvement;

(3) identify all funding sources available for use by local health departments to perform core public health functions;

(4) recommend policy priorities for the department to use in allocating money available for core public health services, in accordance with:

(A) prevailing epidemiological evidence, variations in geographic and population needs, best practices, and evidence-based interventions related to the populations to be served;

(B) state and federal law; and

(C) federal funding requirements;

(5) at least semiannually, make formal recommendations to the department on the use of funds available exclusively to local health departments to perform core public health functions and on the allocation of the available funds throughout this state;

(6) make recommendations to the department on transitioning from a contractual relationship with the local health departments to a cooperative agreement relationship with the local health departments; and

(7) make recommendations to the department on methods for fostering a continuous collaborative relationship with local health departments.

Sec. 117.102. PUBLIC TESTIMONY. (a) At least semiannually, the committee shall:

(1) invite public health stakeholders, including federal public health officials, county and municipal governments, schools of public health at institutions of higher education, and federally qualified health centers, to give oral or written testimony to the committee; and

(2) provide opportunities for the general public to give oral or written testimony to the committee.

(b) The committee shall consult with key stakeholders to carry out the general duties of the committee.

Sec. 117.103. ANNUAL REPORT. Not later than November 30 of each year, the committee shall file a report on the implementation of this chapter with the governor, lieutenant governor, and speaker of the house of representatives.

Sec. 117.104. SUPPORT STAFF. Using existing administrative, professional, clerical, and other personnel, local health departments or their designees may assist the committee in the performance of its duties under this chapter.

Sec. 117.105. OPEN MEETINGS ACT. The committee is subject to Chapter 551, Government Code.

[Sections 117.106-117.150 reserved for expansion]

SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT

Sec. 117.151. FUNDING AND POLICY DECISIONS. The department shall consider the committee's recommendations in making funding and policy decisions related to core public health services, provided the recommendations comply with prevailing epidemiological evidence, variations in geographic and population needs, best practices, and evidence-based interventions related to the populations to be served.

Sec. 117.152. ANNUAL REPORT. The department shall file an annual report with the governor, lieutenant governor, and speaker of the house of representatives on the implementation of the committee's funding and policy recommendations and an explanation of the department's reasons for not implementing any recommendation.

Sec. 117.153. COOPERATIVE AGREEMENT PLAN. Not later than June 30, 2012, the department shall develop a plan to transition from contractual agreements with the local health departments to cooperative agreements with the local health departments. The plan must include a mechanism to ensure the local health departments are accountable to the department for the funds allocated. This section expires June 30, 2013.

Sec. 117.154. COLLABORATIVE RELATIONSHIP WITH LOCAL HEALTH DEPARTMENTS. The department shall establish a continuous, collaborative relationship with local health departments.

SECTION 2. Subchapter B, Chapter 1001, Health and Safety Code, is amended by adding Section 1001.0305 to read as follows:

Sec. 1001.0305. LOCAL HEALTH DEPARTMENT POLICY. In developing policy related to funding local health departments as defined by Section 117.001, the department shall consult with the Public Health Funding and Policy Advisory Committee established under Chapter 117.

SECTION 3. (a) As soon as practicable after the effective date of this Act but not later than October 1, 2011, the commissioner of state health services shall appoint the members of the Public Health Funding and Policy Advisory Committee established by Section 117.051, Health and Safety Code, as added by this Act.

(b) Not later than the 30th day after the date all members are appointed to the Public Health Funding and Policy Advisory Committee as required by Subsection (a) of this section, the commissioner of state health services shall call the first meeting of the committee.

(c) At the first meeting of the initial members of the Public Health Funding and Policy Advisory Committee, the members shall draw lots to determine which two members will serve initial two-year terms expiring February 1, 2013, which two members will serve initial four-year terms expiring February 1, 2015, and which three members will serve initial six-year terms expiring February 1, 2017.

SECTION 4. This Act takes effect September 1, 2011.