By: Ogden S.B. No. 1579

(In the Senate - Filed March 11, 2011; March 23, 2011, read first time and referred to Committee on Finance; April 26, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 11, Nays 2; April 26, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1579 By: Ogden

A BILL TO BE ENTITLED

AN ACT

relating to state fiscal matters related to general government.

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

ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES

GENERALLY

SECTION 1.01. This article applies to any state agency that receives an appropriation under Article I of the General Appropriations Act.

SECTION 1.02. Notwithstanding any other statute of this state, each state agency to which this article applies is authorized to reduce or recover expenditures by:

(1) consolidating any reports or publications the agency is required to make and filing or delivering any of those reports or publications exclusively by electronic means;

(2) extending the effective period of any license, permit, or registration the agency grants or administers;

(3) entering into a contract with another governmental entity or with a private vendor to carry out any of the agency's duties;

(4) adopting additional eligibility requirements for persons who receive benefits under any law the agency administers to ensure that those benefits are received by the most deserving persons consistent with the purposes for which the benefits are provided;

(5) providing that any communication between the agency and another person and any document required to be delivered to or by the agency, including any application, notice, billing statement, receipt, or certificate, may be made or delivered by e-mail or through the Internet; and

(6) adopting and collecting fees or charges to cover any costs the agency incurs in performing its lawful functions.

ARTICLE 2. FISCAL MATTERS REGARDING LEASING CERTAIN STATE

FACILITIES

SECTION 2.01. The heading to Section 2165.2035, Government Code, is amended to read as follows:

Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES; USE AFTER HOURS.

SECTION 2.02. Subchapter E, Chapter 2165, Government Code, is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to read as follows:

Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission may lease to a private individual an individual parking space in a state-owned parking lot or garage located in the city of Austin that the commission determines is not needed to accommodate the regular parking requirements of state employees who work near the lot or garage and visitors to nearby state government offices.

(b) Money received from a lease under this section shall be deposited to the credit of the general revenue fund.

Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission may lease to an institution of higher education or a local government all or a significant block of a state-owned parking lot or garage located in the city of Austin that the commission determines is not needed to accommodate the regular parking requirements of state employees who work near the lot or garage and visitors to nearby state government offices.

(b) Money received from a lease under this section shall be deposited to the credit of the general revenue fund.

Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before October 1 of each even-numbered year, the commission shall submit a report to the Legislative Budget Board describing the effectiveness of parking programs developed by the commission under this subchapter. The report must, at a minimum, include:

(1) the yearly revenue generated by the programs;

(2) the yearly administrative and enforcement costs of each program;

(3) yearly usage statistics for each program; and

(4) initiatives and suggestions by the commission to:

(A) modify administration of the programs; and

(B) increase revenue generated by the programs.

SECTION 2.03. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 3. FISCAL MATTERS RELATING TO SECRETARY OF STATE

SECTION 3.01. Section 405.014, Government Code, is amended to read as follows:

Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each session of the legislature the secretary of state shall obtain the bills that have become law. Immediately after the closing of each session of the legislature, the secretary of state shall bind all enrolled bills and resolutions in volumes on which the date of the session is placed.

(b) As soon as practicable after the closing of each session of the legislature, the secretary of state shall publish and maintain electronically the bills enacted at that session. The electronic publication must be:

(1) indexed by bill number and assigned chapter number for each bill; and

(2) made available by an electronic link on the secretary of state's generally accessible Internet website.

SECTION 3.02. Subchapter B, Chapter 2158, Government Code, is repealed.

SECTION 3.03. The change in law made by this article does not apply to a contract for the publication of the laws of this state entered into before the effective date of this article.

SECTION 3.04. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 4. FISCAL MATTERS REGARDING ATTORNEY GENERAL

SECTION 4.01. Section 402.006, Government Code, is amended by adding Subsection (e) to read as follows:

(e) The attorney general may charge a reasonable fee for the electronic filing of a document.

SECTION 4.02. The heading to Section 402.0212, Government Code, is amended to read as follows:

Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE COUNSEL; FEES.

SECTION 4.03. Section 402.0212, Government Code, is amended by amending Subsections (b) and (c) and adding Subsections (d), (e), and (f) to read as follows:

(b) An invoice submitted to a state agency under a contract for legal services as described by Subsection (a) must be reviewed by the attorney general to determine whether the invoice is eligible for payment.

(c) An attorney or law firm must pay an administrative fee to the attorney general for the review described in Subsection (b) when entering into a contract to provide legal services to a state agency.

(d) For purposes of this section, the functions of a hearing examiner, administrative law judge, or other quasi-judicial officer are not considered legal services.

(e) [(c)] This section shall not apply to the Texas Turnpike Authority division of the Texas Department of Transportation.

(f) The attorney general may adopt rules as necessary to implement and administer this section.

SECTION 4.04. Section 371.051, Transportation Code, is amended to read as follows:

Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll project entity may not enter into a comprehensive development agreement unless the attorney general reviews the proposed agreement and determines that it is legally sufficient.

(b) The attorney general may charge a toll project entity a reasonable fee for the review described in Subsection (a).

(c) If the toll project entity submits multiple proposed comprehensive development agreements relating to the same toll project for review, the entity shall pay the fee under Subsection (b) for each proposed comprehensive development agreement.

(d) The toll project entity may collect or seek reimbursement of the fee under Subsection (b) from the private participant under the proposed comprehensive development agreement.

(e) The attorney general may adopt rules necessary to implement and administer this section.

SECTION 4.05. The fee prescribed by Section 402.006, Government Code, as amended by this article, applies only to a document electronically submitted to the office of the attorney general on or after the effective date of this article.

SECTION 4.06. The fee prescribed by Section 402.0212, Government Code, as amended by this article, applies only to invoices for legal services submitted to the office of the attorney general for review on or after the effective date of this article.

SECTION 4.07. The fee prescribed by Section 371.051, Transportation Code, as amended by this article, applies only to a comprehensive development agreement submitted to the office of the attorney general on or after the effective date of this article.

SECTION 4.08. The changes in law made by this article apply only to a contract for legal services between a state agency and a private attorney or law firm entered into on or after the effective date of this article. A contract for legal services between a state agency and a private attorney or law firm entered into before the effective date of this article is governed by the law in effect at the time the contract was entered into, and the former law is continued in effect for that purpose.

SECTION 4.09. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 5. TEXAS PRESERVATION TRUST FUND ACCOUNT

SECTION 5.01. Subsections (a), (b), and (f), Section 442.015, Government Code, are amended to read as follows:

(a) Notwithstanding Section [Sections 403.094 and] 403.095, the Texas preservation trust fund account is a separate account in the general revenue fund. The account consists of transfers made to the account, loan repayments, grants and donations made for the purposes of this program, proceeds of sales, income earned [earnings] on money in the account, and any other money received under this section. Money in [Distributions from] the account may be used only for the purposes of this section and [may not be used] to pay operating expenses of the commission. Money allocated to the commission's historic preservation grant program shall be deposited to the credit of the account. Income earned [Earnings] on money in the account shall be deposited to the credit of the account.

(b) The commission may use money in [distributions from] the Texas preservation trust fund account to provide financial assistance to public or private entities for the acquisition, survey, restoration, or preservation, or for planning and educational activities leading to the preservation, of historic property in the state that is listed in the National Register of Historic Places or designated as a State Archeological Landmark or Recorded Texas Historic Landmark, or that the commission determines is eligible for such listing or designation. The financial assistance may be in the amount and form and according to the terms that the commission by rule determines. The commission shall give priority to property the commission determines to be endangered by demolition, neglect, underuse, looting, vandalism, or other threat to the property. Gifts and grants deposited to the credit of the account specifically for any eligible projects may be used only for the type of projects specified. If such a specification is not made, the gift or grant shall be unencumbered and accrue to the benefit of the Texas preservation trust fund account. If such a specification is made, the entire amount of the gift or grant may be used during any period for the project or type of project specified.

(f) The advisory board shall recommend to the commission rules for administering this section [Subsections (a)-(e)].

SECTION 5.02. Subsections (h), (i), (j), (k), and (l), Section 442.015, Government Code, are repealed.

SECTION 5.03. The comptroller of public accounts and the Texas Historical Commission shall enter into a memorandum of understanding to facilitate the conversion of assets of the Texas preservation trust fund account into cash for deposit into the state treasury using a method that provides for the lowest amount of revenue loss to the state.

SECTION 5.04. This article takes effect November 1, 2011.

ARTICLE 6. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY

SECTION 6.01. Section 2054.380, Government Code, is amended to read as follows:

Sec. 2054.380. FEES. (a) The department shall set and charge a fee to each state agency that receives a service from a statewide technology center in an amount sufficient to cover the direct and indirect cost of providing the service.

(b) Revenue derived from the collection of fees imposed under Subsection (a) may be appropriated to the department for:

(1) developing statewide information resources technology policies and planning under this chapter and Chapter 2059; and

(2) providing shared information resources technology services under this chapter.

SECTION 6.02. Subsection (d), Section 2157.068, Government Code, is amended to read as follows:

(d) The department may charge a reasonable administrative fee to a state agency, political subdivision of this state, or governmental entity of another state that purchases commodity items through the department in an amount that is sufficient to recover costs associated with the administration of this section. Revenue derived from the collection of fees imposed under this subsection may be appropriated to the department for:

(1) developing statewide information resources technology policies and planning under Chapters 2054 and 2059; and

(2) providing shared information resources technology services under Chapter 2054.

SECTION 6.03. Subsections (a) and (d), Section 2170.057, Government Code, are amended to read as follows:

(a) The department shall develop a system of billings and charges for services provided in operating and administering the consolidated telecommunications system that allocates the total state cost to each entity served by the system based on proportionate usage. The department shall set and charge a fee to each entity that receives services provided under this chapter in an amount sufficient to cover the direct and indirect costs of providing the service. Revenue derived from the collection of fees imposed under this subsection may be appropriated to the department for:

(1) developing statewide information resources technology policies and planning under Chapters 2054 and 2059; and

(2) providing:

(A) shared information resources technology services under Chapter 2054; and

(B) network security services under Chapter 2059.

(d) The department shall maintain in the revolving fund account sufficient amounts to pay the bills of the consolidated telecommunications system and the centralized capitol complex telephone system. The department shall certify amounts that exceed this amount to the comptroller, and the comptroller shall transfer the excess amounts to the credit of the general revenue fund. The amounts transferred under this subsection may be appropriated to the department for the purposes described by Subsections (a)(1) and (2) [statewide network applications account established by Section 2054.011].

SECTION 6.04. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 7. HANDLING FEES IMPOSED BY COMPTROLLER FOR PROCESSING

UNCLAIMED PROPERTY

SECTION 7.01. Section 74.509, Property Code, is amended to read as follows:

Sec. 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED PROPERTY. (a) The comptroller shall deduct from each approved claim a handling fee of 10 percent of the amount of the claim and retain the fee in the general revenue fund [A handling fee may be deducted from the amount of the claim payment] if the approved claim [payment] is at least $100.

(b) Subject to legislative appropriation, the comptroller may use the retained handling fees to pay the costs to process unclaimed property claims.

ARTICLE 8. STATE BAR OF TEXAS MEMBERSHIP DUES FOR ATTORNEY EMPLOYED

BY ATTORNEY GENERAL

SECTION 8.01. Section 81.054, Government Code, is amended by adding Subsections (m) and (n) to read as follows:

(m) A member is not required to pay a membership fee for a year in which the member is employed as a full-time attorney by the office of the attorney general.

(n) The state bar shall adopt rules governing the proration of a membership fee paid by an attorney who is not employed by the office of the attorney general for an entire year.

SECTION 8.02. Subsections (m) and (n), Section 81.054, Government Code, as added by this article, apply to a membership fee for membership or renewal of membership in the State Bar of Texas that becomes due on or after the effective date of this Act. A membership fee for membership or renewal of membership that becomes due before the effective date of this Act is governed by the law in effect on the date the membership fee becomes due, and the former law is continued in effect for that purpose.

ARTICLE 9. REGISTRATION FEE AND REGISTRATION RENEWAL FEE FOR

LOBBYISTS

SECTION 9.01. Subsection (c), Section 305.005, Government Code, is amended to read as follows:

(c) The registration fee and registration renewal fee are:

(1) an amount prescribed by the General Appropriations Act of not more than $200 and not less than $100 for a registrant employed by an organization exempt from federal income tax under Section 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986;

(2) an amount prescribed by the General Appropriations Act of not more than $100 and not less than $50 for any person required to register solely because the person is required to register under Section 305.0041 [of this chapter]; or

(3) an amount prescribed by the General Appropriations Act of not more than $1,000 and not less than $500 for any other registrant.

ARTICLE 10. ASSESSMENT OF FEE ON CERTAIN PUBLIC EMPLOYEES WHO USE

TOBACCO

SECTION 10.01. Subchapter G, Chapter 1551, Insurance Code, is amended by adding Section 1551.3075 to read as follows:

Sec. 1551.3075. TOBACCO USER FEE. (a) The board of trustees shall assess each participant in a health benefit plan provided under the group benefits program who uses one or more tobacco products a tobacco user fee, to be paid in monthly installments. Except as provided by Subsection (b), the board of trustees shall determine the amount of the monthly installments of the fee.

(b) If the General Appropriations Act for a state fiscal biennium sets the amount of the monthly installments of the tobacco user fee for that biennium, the board of trustees shall assess the fee during that biennium in the amount prescribed by the General Appropriations Act.

SECTION 10.02. Section 1551.314, Insurance Code, is amended to read as follows:

Sec. 1551.314. CERTAIN STATE CONTRIBUTIONS PROHIBITED. A state contribution may not be:

(1) made for coverages under this chapter selected by an individual who receives a state contribution, other than as a spouse, dependent, or beneficiary, for coverages under a group benefits program provided by an institution of higher education, as defined by Section 61.003, Education Code; or

(2) made for or used to pay a tobacco user fee assessed under Section 1551.3075.

SECTION 10.03. The board of trustees of the Employees Retirement System of Texas shall implement the tobacco user fee required under Section 1551.3075, Insurance Code, as added by this article, not later than January 1, 2012.

ARTICLE 11. CONSOLIDATION OF REGIONAL POISON CONTROL CENTERS INTO

TEXAS POISON CONTROL CENTER

SECTION 11.01. The heading to Chapter 777, Health and Safety Code, is amended to read as follows:

CHAPTER 777. TEXAS [REGIONAL] POISON CONTROL CENTER [CENTERS]

SECTION 11.02. Sections 777.001 through 777.008, Health and Safety Code, are amended to read as follows:

Sec. 777.001. TEXAS [REGIONAL] POISON CONTROL CENTER [CENTERS]. (a) In this chapter:

(1) "Center" means the Texas Poison Control Center established under Subsection (b).

(2) "Coordinating committee" means the coordinating committee on poison control established under Section 777.008.

(b) The Texas Poison Control Center is established. The coordinating committee shall determine a geographical location in this state for the center and may designate one or more medical facilities in this state to be affiliated with the center.

(c) [Six regional centers for poison control are designated as the regional poison control centers for the state as follows:

[(1) The University of Texas Medical Branch at Galveston;

[(2) the Dallas County Hospital District/North Texas Poison Center;

[(3) The University of Texas Health Science Center at San Antonio;

[(4) the University Medical Center of El Paso, El Paso County Hospital District;

[(5) the Texas Tech University Health Sciences Center at Amarillo; and

[(6) Scott and White Memorial Hospital, Temple, Texas.

[(b)] The center [poison control centers] shall coordinate poison control activities in this [within the designated health and human services regions for the] state. [The Commission on State Emergency Communications shall adopt rules designating the region for each poison control center.] The Commission on State Emergency Communications may adopt rules permitting the center [poison control centers] to provide [services for regions served by other poison control centers in this state as necessary to maximize efficient use of resources and provide] appropriate services throughout this state [in each region].

[(c) The Commission on State Emergency Communications may vote to designate a seventh regional or satellite poison control center in Harris County. That poison control center is subject to all provisions of this chapter and other law relating to regional poison control centers.]

Sec. 777.002. TELEPHONE SERVICES. (a) The [A poison control] center [established by this chapter] shall provide a 24-hour toll-free telephone referral and information service for the public and health care professionals according to the requirements of the American Association of Poison Control Centers.

(b) Each public safety answering point, as that term is defined by Section 771.001, shall have direct telephone access to the [at least one poison control] center. Poison [Regional poison] information services may be available directly from the center [for the region or from another poison control center] but shall be available through all 9-1-1 services [in the region], as the term "9-1-1 service" is defined by Section 771.001, throughout the state. The 9-1-1 service calls pertaining to poisonings may be routed to a poison control answering site, if possible, if the routing does not adversely affect the immediate availability of poisoning management services.

(c) The [A poison control] center shall ensure that poison control activities in this state [within the designated region] meet the criteria established by the American Association of Poison Control Centers. The [A] center may meet the criteria directly or may affiliate with other poison control centers or poison treatment facilities in other states, if necessary [possible]. The [A] center shall ensure that treatment facilities and services are available in this state [within the region] and shall identify and make available to the public and to appropriate health professionals information concerning analytical toxicology, emergency and critical care, and extracorporeal capabilities in this state [within the region].

Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. (a) The [A poison control] center shall provide:

(1) community education programs on poison prevention methods to inform the public, such as presentations to persons attending a primary or secondary school, a parent-teacher association meeting, an employee safety meeting at an industrial company, or other interested groups;

(2) information and education to health professionals involved in the management of poison and overdose victims, including information regarding appropriate therapeutic use of medications, their compatibility and stability, and adverse drug reactions and interactions;

(3) professional and technical assistance to state agencies requesting toxicologic assistance; and

(4) consultation services concerning medical toxicology, for which a fee may be charged in an amount set by the institution in which the center is located to cover the costs of the service.

(b) The center shall develop an objective evaluation process for community education programs on poison prevention methods provided under Subsection (a)(1) and use the evaluation process to design and update as necessary a standardized program model for use throughout this state.

Sec. 777.004. STAFF. (a) The [A poison control] center [established under this chapter] shall use physicians, pharmacists, nurses, other professionals, and support personnel trained in various aspects of toxicology and poison control and prevention.

(b) The [A poison control] center shall make available resources, if possible, to accommodate persons who do not speak English.

Sec. 777.005. RESEARCH PROGRAMS. (a) The [A poison control] center may conduct a toxicology poison treatment research program to improve treatments for poisoning victims and to reduce the severity of injuries from poisonings.

(b) The [A poison control] center may accept grants or contributions from public or private sources to be used for research.

Sec. 777.006. INFORMATION AT BIRTH. The Commission on State Emergency Communications shall assist the center [regional poison control centers] in providing informational packets on poison prevention to parents of newborns.

Sec. 777.007. STATE LIABILITY. The state shall indemnify the [a poison control] center and an employee of the [a poison control] center under Chapter 104, Civil Practice and Remedies Code.

Sec. 777.008. COORDINATING COMMITTEE. (a) The coordinating committee on poison control shall coordinate the activities of the center [regional poison control centers designated under Section 777.001(a)] and advise the Commission on State Emergency Communications.

(b) The committee is composed of:

(1) one public member appointed by the Commission on State Emergency Communications;

(2) six members who represent the center [six regional poison control centers, one] appointed by the chief executive officer of the [each] center;

(3) one member appointed by the commissioner of the Department of State Health Services; and

(4) one member who is a health care professional designated as the poison control program coordinator appointed by the Commission on State Emergency Communications.

SECTION 11.03. Subsections (a) and (b), Section 777.009, Health and Safety Code, are amended to read as follows:

(a) The Commission on State Emergency Communications shall establish a program to award grants to fund the center [regional poison control centers].

(b) The Commission on State Emergency Communications shall adopt rules to establish criteria for awarding the grants. The rules must require the agency to consider:

(1) the need [of the region based on population served] for poison control services in this state and the extent to which the grant would meet the identified need;

(2) the assurance of providing quality services;

(3) the availability of other funding sources;

(4) achieving or maintaining certification as a poison control center with the American Association of Poison Control Centers;

(5) maintenance of effort; and

(6) the development or existence of telecommunications systems.

SECTION 11.04. The heading to Section 777.010, Health and Safety Code, is amended to read as follows:

Sec. 777.010. OUT-OF-STATE [OUT-OF-REGION] SERVICES; SERVICES FOR PRIVATE ENTITIES.

SECTION 11.05. Subsections (b) and (c), Section 777.010, Health and Safety Code, are amended to read as follows:

(b) The Commission on State Emergency Communications shall contract with the center [one or more regional poison control centers] to provide the services required under a contract entered into under Subsection (a). The commission may not enter into a contract under this subsection if, in the opinion of the commission, the [regional poison control] center's performance of the contract would result in a diminishment in the services provided in this state [the region].

(c) A contract described by Subsection (a) must recover the cost of providing the services and may include a reasonable additional amount to support the center's [poison control center] services in this state. Revenue from a contract described by Subsection (a) must be deposited to the credit of the [regional] poison control services account.

SECTION 11.06. Section 777.011, Health and Safety Code, is amended to read as follows:

Sec. 777.011. [REGIONAL] POISON CONTROL SERVICES ACCOUNT. The [regional] poison control services account is an account in the general revenue fund. The account is composed of money deposited to the account under Section 777.010(c). Money in the account may be appropriated only to the Commission on State Emergency Communications:

(1) for administration of and payment for contracts entered into under Section 777.010(b); and

(2) to fund grants awarded under Section 777.009.

SECTION 11.07. Subsections (b) and (c), Section 777.012, Health and Safety Code, are amended to read as follows:

(b) A service provider shall furnish to the [a poison control] center for each call to an emergency line of the center the telephone number of the subscribers and the address associated with the number.

(c) Information furnished to the [a poison control] center under this section is confidential and is not available for public inspection. Information contained in an address database used to provide the number or location identification information under this section is confidential and is not available for public inspection. The service provider or a third party that maintains an address database is not liable to any person for the release of information furnished by the service provider or third party in providing number or location identification information under this section, unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct.

SECTION 11.08. Subsections (a) and (b), Section 777.013, Health and Safety Code, are amended to read as follows:

(a) The Department of State Health Services, on request of the Commission on State Emergency Communications, shall provide epidemiological support to the center [regional poison control centers under this chapter] to:

(1) maximize the use of data collected by the center [poison control network];

(2) assist the center [regional poison control centers] with quality control and quality assurance;

(3) assist with research; and

(4) coordinate poison control activities with other public health activities.

(b) The [Each regional poison control] center shall provide the Department of State Health Services with access to all data and information collected by the [regional poison control] center for public health activities and epidemiological and toxicological investigations.

SECTION 11.09. Section 241.153, Health and Safety Code, is amended to read as follows:

Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A patient's health care information may be disclosed without the patient's authorization if the disclosure is:

(1) directory information, unless the patient has instructed the hospital not to make the disclosure or the directory information is otherwise protected by state or federal law;

(2) to a health care provider who is rendering health care to the patient when the request for the disclosure is made;

(3) to a transporting emergency medical services provider for the purpose of:

(A) treatment or payment, as those terms are defined by the regulations adopted under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191); or

(B) the following health care operations described by the regulations adopted under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191):

(i) quality assessment and improvement activities;

(ii) specified insurance functions;

(iii) conducting or arranging for medical reviews; or

(iv) competency assurance activities;

(4) to a member of the clergy specifically designated by the patient;

(5) to a procurement organization as defined in Section 692A.002 for the purpose of making inquiries relating to donations according to the protocol referred to in Section 692A.015;

(6) to a prospective health care provider for the purpose of securing the services of that health care provider as part of the patient's continuum of care, as determined by the patient's attending physician;

(7) to a person authorized to consent to medical treatment under Chapter 313 or to a person in a circumstance exempted from Chapter 313 to facilitate the adequate provision of treatment;

(8) to an employee or agent of the hospital who requires health care information for health care education, quality assurance, or peer review or for assisting the hospital in the delivery of health care or in complying with statutory, licensing, accreditation, or certification requirements and if the hospital takes appropriate action to ensure that the employee or agent:

(A) will not use or disclose the health care information for any other purpose; and

(B) will take appropriate steps to protect the health care information;

(9) to a federal, state, or local government agency or authority to the extent authorized or required by law;

(10) to a hospital that is the successor in interest to the hospital maintaining the health care information;

(11) to the American Red Cross for the specific purpose of fulfilling the duties specified under its charter granted as an instrumentality of the United States government;

(12) to the Texas Poison Control Center established under [a regional poison control center, as the term is used in] Chapter 777[,] to the extent necessary to enable the center to provide information and education to health professionals involved in the management of poison and overdose victims, including information regarding appropriate therapeutic use of medications, their compatibility and stability, and adverse drug reactions and interactions;

(13) to a health care utilization review agent who requires the health care information for utilization review of health care under Chapter 4201, Insurance Code;

(14) for use in a research project authorized by an institutional review board under federal law;

(15) to health care personnel of a penal or other custodial institution in which the patient is detained if the disclosure is for the sole purpose of providing health care to the patient;

(16) to facilitate reimbursement to a hospital, other health care provider, or the patient for medical services or supplies;

(17) to a health maintenance organization for purposes of maintaining a statistical reporting system as required by a rule adopted by a state agency or regulations adopted under the federal Health Maintenance Organization Act of 1973, as amended (42 U.S.C. Section 300e et seq.);

(18) to satisfy a request for medical records of a deceased or incompetent person pursuant to Section 74.051(e), Civil Practice and Remedies Code;

(19) to comply with a court order except as provided by Subdivision (20); or

(20) related to a judicial proceeding in which the patient is a party and the disclosure is requested under a subpoena issued under:

(A) the Texas Rules of Civil Procedure or Code of Criminal Procedure; or

(B) Chapter 121, Civil Practice and Remedies Code.

SECTION 11.10. Subsection (a), Section 771.051, Health and Safety Code, is amended to read as follows:

(a) The commission is the state's authority on emergency communications. The commission shall:

(1) administer the implementation of statewide 9-1-1 service and the poison control network, including the Texas Poison Control Center established [poison control centers] under Chapter 777;

(2) develop minimum performance standards for equipment and operation of 9-1-1 service to be followed in developing regional plans under Section 771.055, including requirements that the plans provide for:

(A) automatic number identification by which the telephone number of the caller is automatically identified at the public safety answering point receiving the call; and

(B) other features the commission considers appropriate;

(3) examine and approve or disapprove regional plans as provided by Section 771.056;

(4) recommend minimum training standards, assist in training, and provide assistance in the establishment and operation of 9-1-1 service;

(5) allocate money to prepare and operate regional plans as provided by Section 771.056;

(6) develop and provide public education materials and training;

(7) plan, implement, operate, and maintain poison control center databases and assist in planning, supporting, and facilitating 9-1-1 databases, as needed;

(8) provide grants or contracts for services that enhance the effectiveness of 9-1-1 service;

(9) coordinate emergency communications services and providers;

(10) make reasonable efforts to gain voluntary cooperation in the commission's activities of emergency communications authorities and providers outside the commission's jurisdiction, including:

(A) making joint communications to state and federal regulators; and

(B) arranging cooperative purchases of equipment or services; and

(11) accept, receive, and deposit in its account in the general revenue fund gifts, grants, and royalties from public and private entities. Gifts, grants, and royalties may be used for the purposes of the commission.

SECTION 11.11. Subsections (e) and (f), Section 771.072, Health and Safety Code, are amended to read as follows:

(e) From the revenue received from the surcharge imposed by this section, the amount derived from the application of the surcharge at a rate of not more than .8 percent shall be periodically allocated to fund grants awarded under Section 777.009 and other activities related to the Texas Poison Control Center [poison control centers] as required by Chapter 777.

(f) The comptroller shall deposit the surcharges and any prior balances in accounts in the general revenue fund in the state treasury until they are allocated to regional planning commissions, other 9-1-1 jurisdictions, and the Texas Poison Control Center [regional poison control centers] in accordance with this section. From those accounts, the amount necessary for the commission to fund approved plans of regional planning commissions and the Texas Poison Control Center [regional poison control centers] and to carry out its duties under this chapter shall be appropriated to the commission. Section 403.095, Government Code, does not apply to an account established by this subsection.

SECTION 11.12. Section 153.015, Occupations Code, is amended to read as follows:

Sec. 153.015. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 11.13. Section 202.161, Occupations Code, is amended to read as follows:

Sec. 202.161. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 11.14. Section 254.017, Occupations Code, is amended to read as follows:

Sec. 254.017. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 11.15. Section 301.1582, Occupations Code, is amended to read as follows:

Sec. 301.1582. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 11.16. Section 351.167, Occupations Code, is amended to read as follows:

Sec. 351.167. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 11.17. Section 554.015, Occupations Code, is amended to read as follows:

Sec. 554.015. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 11.18. (a) Not later than March 1, 2012, the Commission on State Emergency Communications shall consolidate the six regional poison control centers in this state into and establish the Texas Poison Control Center, as required by Section 777.001, Health and Safety Code, as amended by this article, at the geographical location determined by the coordinating committee on poison control. On that date, the regional poison control centers are abolished and the powers, duties, obligations, rights, contracts, records, personnel, property, and unspent appropriations of the six regional poison control centers in this state are transferred to the Texas Poison Control Center.

(b) The rules of the regional poison control centers in this state are continued in effect as rules of the Texas Poison Control Center until superseded by rule.

(c) Notwithstanding the changes in law made by this article, until the date the Commission on State Emergency Communications consolidates the six regional poison control centers as provided by this section, the regional poison control centers shall continue to operate and provide services under the law that governed the centers before the effective date of this Act, and the prior law is continued in effect for that purpose.

(d) As soon as practicable after the date the Texas Poison Control Center is established as provided by this section, the chief executive officer of the center shall appoint six members who represent the center to the coordinating committee on poison control established by Section 777.008, Health and Safety Code, as amended by this article. The members serving on the coordinating committee as representatives of the six regional poison control centers immediately before the effective date of this Act shall continue to serve on the coordinating committee until the date the chief executive officer appoints members who represent the center as required by this subsection.

SECTION 11.19. (a) Not later than March 1, 2012, the coordinating committee on poison control established by Section 777.008, Health and Safety Code, as amended by this article, shall determine a geographical location for the Texas Poison Control Center, as required by Subsection (b), Section 777.001, Health and Safety Code, as amended by this article.

(b) Not later than March 1, 2013, the Texas Poison Control Center established under Section 777.001, Health and Safety Code, as amended by this article, shall design the initial standardized program model for community education programs as required by Subsection (b), Section 777.003, Health and Safety Code, as added by this article.

ARTICLE 12. AUTHORIZED USES FOR CERTAIN DEDICATED PERMANENT FUNDS

IN STATE TREASURY

SECTION 12.01. Section 403.105, Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Except as provided by Subsections (b-1), (c), (e), (f), and (h), money in the fund may not be appropriated for any purpose.

(b-1) The legislature may appropriate money in the fund, including the available earnings of the fund determined under Section 403.1068, to pay the principal of or interest on a bond issued for the purposes of Section 67, Article III, Texas Constitution. This subsection does not authorize the appropriation under this subsection of money subject to a limitation or requirement as described by Subsection (e) that is not consistent with the use of the money in accordance with this subsection.

SECTION 12.02. Section 403.1055, Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Except as provided by Subsections (b-1), (c), (e), (f), and (h), money in the fund may not be appropriated for any purpose.

(b-1) The legislature may appropriate money in the fund, including the available earnings of the fund determined under Section 403.1068, to pay the principal of or interest on a bond issued for the purposes of Section 67, Article III, Texas Constitution. This subsection does not authorize the appropriation under this subsection of money subject to a limitation or requirement as described by Subsection (e) that is not consistent with the use of the money in accordance with this subsection.

SECTION 12.03. Section 403.106, Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Except as provided by Subsections (b-1), (c), (e), (f), and (h), money in the fund may not be appropriated for any purpose.

(b-1) The legislature may appropriate money in the fund, including the available earnings of the fund determined under Section 403.1068, to pay the principal of or interest on a bond issued for the purposes of Section 67, Article III, Texas Constitution. This subsection does not authorize the appropriation under this subsection of money subject to a limitation or requirement as described by Subsection (e) that is not consistent with the use of the money in accordance with this subsection.

SECTION 12.04. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 13. USE OF TEXAS ENTERPRISE FUND FOR TEXAS HOMELESS

HOUSING AND SERVICES PROGRAM

SECTION 13.01. Section 481.078, Government Code, is amended by amending Subsection (c) and adding Subsection (d-1) to read as follows:

(c) Except as provided by Subsections [Subsection] (d) and (d-1), the fund may be used only for economic development, infrastructure development, community development, job training programs, and business incentives.

(d-1) The fund may be used for the Texas homeless housing and services program administered by the Texas Department of Housing and Community Affairs. Subsections (e-1), (f), (g), (h), (i), and (j) and Section 481.080 do not apply to a grant awarded for a purpose specified by this subsection.

SECTION 13.02. Section 481.079, Government Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) For grants awarded for a purpose specified by Section 481.078(d-1), the report must include only the amount and purpose of each grant.

SECTION 13.03. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 14. DEBT ISSUANCE AUTHORITY OF AND FUNDING FOR CANCER

PREVENTION AND RESEARCH INSTITUTE OF TEXAS

SECTION 14.01. Subchapter C, Chapter 1232, Government Code, is amended by adding Section 1232.1221 to read as follows:

Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR CANCER-RELATED PROJECTS. (a) Funds may be distributed to a grant recipient for a multiyear project for which an award is granted by the Cancer Prevention and Research Institute of Texas Oversight Committee as authorized by Section 102.257, Health and Safety Code, after the authority has certified that obligations in an amount sufficient to pay the money needed to fund the project have been authorized for issuance by the authority and approved by the Bond Review Board.

(b) After issuing the obligations, the board shall:

(1) pay the costs of the issuance and any related bond administrative costs of the authority;

(2) certify to the Cancer Prevention and Research Institute of Texas and to the comptroller that the proceeds from the issuance are available; and

(3) deposit the proceeds into the state treasury to be credited to the account of the Cancer Prevention and Research Institute of Texas.

SECTION 14.02. Subsections (b) and (c), Section 102.201, Health and Safety Code, are amended to read as follows:

(b) The cancer prevention and research fund consists of:

(1) patent, royalty, and license fees and other income received under a contract entered into as provided by Section 102.255;

(2) appropriations of money to the fund by the legislature, except that the appropriated money may not include the proceeds from the issuance of bonds authorized by Section 67, Article III, Texas Constitution;

(3) gifts, grants, including grants from the federal government, and other donations received for the fund; and

(4) interest earned on the investment of money in the fund.

(c) The fund may be used only to pay for:

(1) grants for cancer research and for cancer research facilities in this state to realize therapies, protocols, and medical procedures for the cure or substantial mitigation of all types of cancer in humans;

(2) the purchase, subject to approval by the institute, of laboratory facilities by or on behalf of a state agency or grant recipient;

(3) grants to public or private persons to implement the Texas Cancer Plan;

(4) the operation of the institute; [and]

(5) grants for cancer prevention and control programs in this state to mitigate the incidence of all types of cancer in humans; and

(6) debt service on bonds issued as authorized by Section 67, Article III, Texas Constitution.

SECTION 14.03. Section 102.257, Health and Safety Code, is amended to read as follows:

Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee may grant funds for a multiyear project. The oversight committee must specify the total amount of [All the] money approved [needed] to fund the [a] multiyear project. The total amount specified is considered for purposes of Section 102.253 to have been [must be] awarded in the state fiscal year that the project is approved by the research and prevention programs committee. The institute shall distribute only the money that will be expended during that fiscal year. The institute may maintain the remaining money needed in each subsequent fiscal year [shall be maintained] in an escrow account to be distributed by the institute as the money is needed [in subsequent years of the project].

SECTION 14.04. The changes in law made by this article apply only to a grant of funds for a multiyear project by the Cancer Prevention and Research Institute of Texas Oversight Committee as authorized by Section 102.257, Health and Safety Code, as amended by this article, made on or after June 1, 2011. A grant of funds for a multiyear project made before that date is governed by the law in effect on the date the grant was made, and the former law is continued in effect for that purpose.

SECTION 14.05. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 15. EFFECTIVE DATE

SECTION 15.01. Except as otherwise provided by this Act, this Act takes effect September 1, 2011.

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