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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the transfer of programs from the Texas Department of |
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Rural Affairs to the Department of Agriculture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.0899, Education Code, is amended to |
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read as follows: |
|
Sec. 61.0899. ASSISTANCE IN CERTAIN RURAL HEALTH CARE LOAN |
|
REIMBURSEMENT AND STIPEND PROGRAMS. The board shall, in |
|
cooperation with the [Texas] Department of Agriculture [Rural
|
|
Affairs and the department's advisory panel established under
|
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Section 487.552, Government Code], ensure that the board seeks to |
|
obtain the maximum amount of funds from any source, including |
|
federal funds, to support programs to provide student loan |
|
reimbursement or stipends for graduates of degree programs in this |
|
state who practice or agree to practice in a medically underserved |
|
community. |
|
SECTION 2. Section 487.001(3), Government Code, is amended |
|
to read as follows: |
|
(3) "Department" means the Department of Agriculture |
|
[office]. |
|
SECTION 3. Section 487.026, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.026. DIRECTOR. [(a)] The director serves as the |
|
chief executive officer of the office and performs the |
|
administrative duties of the office. |
|
[(b)
The director may hire staff within guidelines
|
|
established by the commissioner.] |
|
SECTION 4. Section 487.051(a), Government Code, is amended |
|
to read as follows: |
|
(a) The office shall: |
|
(1) assist rural communities in the key areas of |
|
economic development, community development, rural health, and |
|
rural housing; |
|
(2) serve as a clearinghouse for information and |
|
resources on all state and federal programs affecting rural |
|
communities; |
|
(3) in consultation with rural community leaders, |
|
locally elected officials, state elected and appointed officials, |
|
academic and industry experts, and the interagency work group |
|
created under this chapter, identify and prioritize policy issues |
|
and concerns affecting rural communities in the state; |
|
(4) make recommendations to the legislature to address |
|
the concerns affecting rural communities identified under |
|
Subdivision (3); |
|
(5) monitor developments that have a substantial |
|
effect on rural Texas communities, especially actions of state |
|
government[, and compile an annual report describing and evaluating
|
|
the condition of rural communities]; |
|
(6) administer the federal community development |
|
block grant nonentitlement program; |
|
(7) administer programs supporting rural health care |
|
as provided by this chapter; |
|
(8) perform research to determine the most beneficial |
|
and cost-effective ways to improve the welfare of rural |
|
communities; |
|
(9) ensure that the office qualifies as the state's |
|
office of rural health for the purpose of receiving grants from the |
|
Office of Rural Health Policy of the United States Department of |
|
Health and Human Services under 42 U.S.C. Section 254r; |
|
(10) manage the state's Medicare rural hospital |
|
flexibility program under 42 U.S.C. Section 1395i-4; |
|
(11) seek state and federal money available for |
|
economic development in rural areas for programs under this |
|
chapter; |
|
(12) in conjunction with other offices and divisions |
|
of the department [Department of Agriculture], regularly |
|
cross-train office employees with other employees of the department |
|
[Department of Agriculture] regarding the programs administered |
|
and services provided to rural communities; and |
|
(13) work with interested persons to assist volunteer |
|
fire departments and emergency services districts in rural areas. |
|
SECTION 5. Section 487.052, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.052. RULES. The department [board] may adopt |
|
rules as necessary to implement this chapter. |
|
SECTION 6. Section 487.060(b), Government Code, is amended |
|
to read as follows: |
|
(b) To assist the secretary of state in preparing the report |
|
required under Section 405.021, the department on an annual [a
|
|
quarterly] basis shall provide a report to the secretary of state |
|
detailing any projects funded by the department that serve colonias |
|
by providing water or wastewater services, paved roads, or other |
|
assistance. |
|
SECTION 7. Section 487.061, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.061. EMERGENCY SERVICES DISTRICT PROGRAM. (a) |
|
The department shall serve as a resource [establish a program] to |
|
provide interested rural communities with: |
|
(1) general information about emergency services |
|
districts; and |
|
(2) information and training related to the |
|
establishment of an emergency services district[; and
|
|
[(3)
technical assistance related to the
|
|
implementation of an emergency services district]. |
|
(b) The department [program] may: |
|
(1) [assist fire departments in rural areas with the
|
|
recruitment and retention of volunteer firefighters;
|
|
[(2)] provide to fire departments in rural areas |
|
information relating to assistance programs offered to rural |
|
volunteer firefighters, including the federal Staffing for |
|
Adequate Fire and Emergency Response grant program to help fire |
|
departments increase staffing and deployment capabilities; and |
|
(2) [(3)] provide to rural homeowners information |
|
relating to the benefits of volunteer fire departments, including a |
|
reduction in homeowners insurance risk ratings, lower homeowners |
|
insurance rates, and better fire protection. |
|
SECTION 8. Sections 487.103(a), (b), and (c), Government |
|
Code, are amended to read as follows: |
|
(a) The selection committee shall advise the department |
|
[board] on the progress of the program. |
|
(b) The selection committee is composed of 12 members |
|
appointed by the commissioner [board]. |
|
(c) The commissioner [board] shall consider geographical |
|
representation in making appointments to the selection committee. |
|
SECTION 9. Sections 487.104(b) and (d), Government Code, |
|
are amended to read as follows: |
|
(b) The selection committee shall make selections based on |
|
criteria approved by the department [board] and adopted as a rule of |
|
the department. |
|
(d) The selection committee shall recommend to the |
|
department [board] guidelines to be used by rural communities in |
|
the selection of students for nomination and sponsorship as |
|
outstanding rural scholars. |
|
SECTION 10. Section 487.107, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.107. AWARDING OF LOANS. (a) The selection |
|
committee shall recommend to the department [board] guidelines for |
|
the awarding of forgivable loans to outstanding rural scholars. |
|
(b) The department [board], acting on the advice of the |
|
selection committee, shall award forgivable loans to outstanding |
|
rural scholars based on the availability of money in the fund. |
|
(c) If in any year the fund is inadequate to provide loans to |
|
all eligible applicants, the department [board] shall award |
|
forgivable loans on a priority basis according to the applicants' |
|
academic performance, test scores, and other criteria of |
|
eligibility. |
|
SECTION 11. Section 487.108(a), Government Code, is amended |
|
to read as follows: |
|
(a) On confirmation of an outstanding rural scholar's |
|
admission to a postsecondary educational institution, or on receipt |
|
of an enrollment report of the scholar at a postsecondary |
|
educational institution, and a certification of the amount of |
|
financial support needed, the selection committee annually shall |
|
recommend to the department [board] that the department [board] |
|
award a forgivable loan to the scholar in the amount of 50 percent |
|
of the cost of the scholar's tuition, fees, educational materials, |
|
and living expenses. |
|
SECTION 12. Sections 487.109(b), (c), and (d), Government |
|
Code, are amended to read as follows: |
|
(b) The sponsoring community shall report to the department |
|
[board] the length of time the scholar practices as a health care |
|
professional in the community. |
|
(c) If the department [board] finds that a sponsoring |
|
community is not in need of the scholar's services and that the |
|
community is willing to forgive repayment of the principal balance |
|
and interest of the scholar's loan, the department [board] by rule |
|
may provide for the principal balance and interest of one year of |
|
the scholar's loan to be forgiven for each year the scholar |
|
practices in another rural community in this state. |
|
(d) Any amount of loan principal or interest that is not |
|
forgiven under this section shall be repaid to the department with |
|
reasonable collection fees in a timely manner as provided by |
|
department [board] rule. |
|
SECTION 13. Section 487.112, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.112. ADOPTION AND DISTRIBUTION OF RULES. (a) The |
|
department [board] shall adopt reasonable rules to enforce the |
|
requirements, conditions, and limitations under this subchapter. |
|
(b) The department [board] shall set the rate of interest |
|
charged on a forgivable loan under this subchapter. |
|
(c) The department [board] shall adopt rules necessary to |
|
ensure compliance with the federal Civil Rights Act of 1964 (42 |
|
U.S.C. Section 2000a et seq.) concerning nondiscrimination in |
|
admissions. |
|
SECTION 14. Section 487.152(a), Government Code, is amended |
|
to read as follows: |
|
(a) Subject to available funding, the [The] department |
|
shall administer or contract for the administration of the program. |
|
SECTION 15. Section 487.154, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.154. LOANS. (a) The department [board] may award |
|
forgivable educational loans to eligible students under this |
|
subchapter. |
|
(b) The department [board] may award forgivable loans to |
|
eligible students based on the availability of money in the fund. |
|
(c) If in any year the fund is inadequate to provide loans to |
|
all eligible students, the department [board] may award forgivable |
|
loans on a priority basis according to the students' academic |
|
performance, test scores, and other criteria of eligibility. |
|
SECTION 16. Section 487.155(a), Government Code, is amended |
|
to read as follows: |
|
(a) To be eligible to receive a loan under this subchapter, |
|
a student must: |
|
(1) be sponsored by an eligible community; |
|
(2) at the time of the application for the loan, be |
|
enrolled in high school or enrolled or accepted for enrollment in a |
|
postsecondary educational institution in this state; |
|
(3) meet academic requirements as established by the |
|
department [board]; |
|
(4) plan to complete a health care professional degree |
|
or certificate program; |
|
(5) plan to practice as a health care professional in a |
|
qualified area of the state; and |
|
(6) meet other requirements as established by the |
|
department [board]. |
|
SECTION 17. Section 487.156(c), Government Code, is amended |
|
to read as follows: |
|
(c) The department [board] shall determine the percentage |
|
of educational expenses communities are required to provide under |
|
this section. |
|
SECTION 18. Section 487.157(a), Government Code, is amended |
|
to read as follows: |
|
(a) On confirmation of an eligible student's admission to a |
|
postsecondary educational institution, or on receipt of an |
|
enrollment report of the student at a postsecondary educational |
|
institution, and certification of the amount of financial support |
|
needed, the department [board] may award a forgivable loan to the |
|
student in the amount of not more than the cost of the student's |
|
tuition, fees, educational materials, and living expenses. |
|
SECTION 19. Section 487.158(b), Government Code, is amended |
|
to read as follows: |
|
(b) The contract must provide that if the student does not |
|
provide the required services to the community or provides those |
|
services for less than the required time, the student is personally |
|
liable to the state for: |
|
(1) the total amount of assistance the student |
|
receives from the department and the sponsoring community; |
|
(2) interest on the total amount at a rate set by the |
|
department [board]; and |
|
(3) the state's reasonable expenses incurred in |
|
obtaining payment, including reasonable attorney's fees. |
|
SECTION 20. Section 487.159(b), Government Code, is amended |
|
to read as follows: |
|
(b) If the department [board] finds that a sponsoring |
|
community is not in need of the student's services and that the |
|
community is willing to forgive repayment of the principal balance |
|
and interest of the student's loan, the department [board] by rule |
|
may provide for the principal balance and interest of the student's |
|
loan to be forgiven if the student provides services in another |
|
qualified area in this state. |
|
SECTION 21. Sections 487.161(b) and (c), Government Code, |
|
are amended to read as follows: |
|
(b) The sponsoring community shall report to the office |
|
[board] the length of time the student provides health care |
|
services in the community in accordance with the guidelines |
|
established by the department [board]. |
|
(c) A postsecondary educational institution shall provide |
|
to the office [board] a copy of the academic transcript of each |
|
student for whom the institution has received a release that |
|
complies with state and federal open records laws and that |
|
authorizes the provision of the transcript. |
|
SECTION 22. Section 487.163, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.163. ADOPTION OF RULES. (a) The department |
|
[board] shall adopt reasonable rules to enforce the requirements, |
|
conditions, and limitations of this subchapter. |
|
(b) The department [board] shall set the rate of interest |
|
charged on a forgivable loan under this subchapter. |
|
(c) The department [board] shall adopt rules necessary to |
|
ensure compliance with the federal Civil Rights Act of 1964 (42 |
|
U.S.C. Section 2000a et seq.) concerning nondiscrimination in |
|
admissions. |
|
SECTION 23. Sections 487.202(a), (d), and (e), Government |
|
Code, are amended to read as follows: |
|
(a) The department [board] shall establish and administer a |
|
program under this subchapter to increase the number of physicians |
|
providing primary care in medically underserved communities. |
|
(d) The department may not pay more than $25,000 to a |
|
community in a fiscal year unless the office [board] makes a |
|
specific finding of need by the community. |
|
(e) The office [board] shall establish priorities so that |
|
the neediest communities eligible for assistance under this |
|
subchapter are assured the receipt of a grant. |
|
SECTION 24. Sections 487.203 and 487.204, Government Code, |
|
are amended to read as follows: |
|
Sec. 487.203. ELIGIBILITY. To be eligible to receive money |
|
from the department, a medically underserved community must: |
|
(1) apply for the money; and |
|
(2) provide evidence satisfactory to the office |
|
[board] that it has entered into an agreement with a physician for |
|
the physician to provide primary care in the community for at least |
|
two years. |
|
Sec. 487.204. RULES. The department [board] shall adopt |
|
rules necessary for the administration of this subchapter, |
|
including rules addressing: |
|
(1) eligibility criteria for a medically underserved |
|
community; |
|
(2) eligibility criteria for a physician; |
|
(3) minimum and maximum community contributions to the |
|
start-up money for a physician to be matched with state money; |
|
(4) conditions under which state money must be repaid |
|
by a community or physician; |
|
(5) procedures for disbursement of money by the |
|
department; |
|
(6) the form and manner in which a community must make |
|
its contribution to the start-up money; and |
|
(7) the contents of an agreement to be entered into by |
|
the parties, which must include at least: |
|
(A) a credit check for an eligible physician; and |
|
(B) community retention of interest in any |
|
property, equipment, or durable goods for seven years. |
|
SECTION 25. Section 487.252, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.252. TEXAS HEALTH SERVICE CORPS PROGRAM. (a) |
|
Subject to available funding, the department [The board] shall |
|
establish a program [in the department] to assist communities in |
|
recruiting and retaining physicians to practice in medically |
|
underserved areas. |
|
(b) The department [board] by rule shall establish: |
|
(1) eligibility criteria for applicants; |
|
(2) stipend application procedures; |
|
(3) guidelines relating to stipend amounts; |
|
(4) procedures for evaluating stipend applications; |
|
and |
|
(5) a system of priorities relating to the: |
|
(A) geographic areas covered; |
|
(B) medical specialties eligible to receive |
|
funding under the program; and |
|
(C) level of stipend support. |
|
SECTION 26. Section 487.253(a), Government Code, is amended |
|
to read as follows: |
|
(a) The department [board] shall adopt rules necessary to |
|
administer this subchapter, and the department shall administer the |
|
program in accordance with those rules. |
|
SECTION 27. Section 487.351(c), Government Code, is amended |
|
to read as follows: |
|
(c) The department shall give priority to eligible |
|
activities in the areas of economic development, community |
|
development, and rural health[, and rural housing] to support |
|
workforce development in awarding funding for community |
|
development block grant programs. |
|
SECTION 28. Section 487.401, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.401. ADMINISTRATION. (a) The department [board] |
|
shall adopt rules that establish a procedure for designating a |
|
hospital as a rural hospital in order for the hospital to qualify |
|
for federal funds under 42 C.F.R. Part 412. |
|
(b) At the hospital's request, the department shall |
|
designate the hospital as a rural hospital if the hospital meets the |
|
requirements for a rural hospital under the department's [board's] |
|
rules. |
|
SECTION 29. Sections 487.451(1) and (3), Government Code, |
|
are amended to read as follows: |
|
(1) "Health care professional" means: |
|
(A) an advanced nurse practitioner; |
|
(B) a dentist; |
|
(C) a dental hygienist; |
|
(D) a laboratory technician; |
|
(E) a licensed vocational nurse; |
|
(F) a licensed professional counselor; |
|
(G) a medical radiological technologist; |
|
(H) an occupational therapist; |
|
(I) a pharmacist; |
|
(J) a physical therapist; |
|
(K) a physician; |
|
(L) a physician assistant; |
|
(M) a psychologist; |
|
(N) a registered nurse; |
|
(O) a social worker; |
|
(P) a speech-language pathologist; |
|
(Q) a veterinarian; |
|
(R) a chiropractor; and |
|
(S) another appropriate health care professional |
|
identified by the department [board]. |
|
(3) "Underserved urban area" means an urban area of |
|
this state with a medically underserved population, as determined |
|
in accordance with criteria adopted by the department [board] by |
|
rule, considering relevant demographic, geographic, and |
|
environmental factors. |
|
SECTION 30. Section 487.452(a), Government Code, is amended |
|
to read as follows: |
|
(a) Subject to available funding, the department [The
|
|
board], in collaboration with Area Health Education Center |
|
Programs, shall establish a community healthcare awareness and |
|
mentoring program for students to: |
|
(1) identify high school students in rural and |
|
underserved urban areas who are interested in serving those areas |
|
as health care professionals; |
|
(2) identify health care professionals in rural and |
|
underserved urban areas to act as positive role models, mentors, or |
|
reference resources for the interested high school students; |
|
(3) introduce interested high school students to the |
|
spectrum of professional health care careers through activities |
|
such as health care camps and shadowing of health care |
|
professionals; |
|
(4) encourage a continued interest in service as |
|
health care professionals in rural and underserved urban areas by |
|
providing mentors and community resources for students |
|
participating in training or educational programs to become health |
|
care professionals; and |
|
(5) provide continuing community-based support for |
|
students during the period the students are attending training or |
|
educational programs to become health care professionals, |
|
including summer job opportunities and opportunities to mentor high |
|
school students in the community. |
|
SECTION 31. Section 487.454, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.454. GRANTS; ELIGIBILITY. (a) Subject to |
|
available funding, the department [funds, the board] shall develop |
|
and implement, as a component of the program, a grant program to |
|
support employment opportunities in rural and underserved urban |
|
areas in this state for students participating in training or |
|
educational programs to become health care professionals. |
|
(b) In awarding grants under the program, the department |
|
[board] shall give first priority to grants to training or |
|
educational programs that provide internships to students. |
|
(c) To be eligible to receive a grant under the grant |
|
program, a person must: |
|
(1) apply for the grant on a form adopted by the |
|
department [board]; |
|
(2) be enrolled or intend to be enrolled in a training |
|
or educational program to become a health care professional; |
|
(3) commit to practice or work, after licensure as a |
|
health care professional, for at least one year as a health care |
|
professional in a rural or underserved urban area in this state; and |
|
(4) comply fully with any practice or requirements |
|
associated with any scholarship, loan, or other similar benefit |
|
received by the student. |
|
(d) As a condition of receiving a grant under the program |
|
the student must agree to repay the amount of the grant, plus a |
|
penalty in an amount established by rule of the department [board] |
|
not to exceed two times the amount of the grant, if the student |
|
becomes licensed as a health care professional and fails to |
|
practice or work for at least one year as a health care professional |
|
in a rural or underserved urban area in this state. |
|
SECTION 32. Section 487.503(a), Government Code, is amended |
|
to read as follows: |
|
(a) Subject to available funding, the [The] department |
|
shall establish a process in consultation with the Texas Higher |
|
Education Coordinating Board for selecting Texas medical schools to |
|
recruit students from rural communities and encourage them to |
|
return to rural communities to practice medicine. |
|
SECTION 33. Section 487.553, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.553. LOAN REIMBURSEMENT PROGRAM. Subject to |
|
available funding, the department [The board] shall establish a |
|
program [in the department] to assist communities in recruiting |
|
health professionals to practice in medically underserved |
|
communities by providing loan reimbursement for health |
|
professionals who serve in those communities. |
|
SECTION 34. Sections 487.554(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) Subject to available funding, the department [The
|
|
board] shall establish a program [in the department] to assist |
|
communities in recruiting health professionals to practice in |
|
medically underserved communities by providing a stipend to health |
|
professionals who agree to serve in those communities. |
|
(b) A stipend awarded under this section may [shall] be paid |
|
in periodic installments. |
|
SECTION 35. Section 487.555(e), Government Code, is amended |
|
to read as follows: |
|
(e) A contract under this section must provide that a health |
|
professional who does not provide the required services to the |
|
community or provides those services for less than the required |
|
time is personally liable to the state for: |
|
(1) the total amount of assistance the health |
|
professional received from the department and the medically |
|
underserved community; |
|
(2) interest on the amount under Subdivision (1) at a |
|
rate set by the department [board]; |
|
(3) the state's reasonable expenses incurred in |
|
obtaining payment, including reasonable attorney's fees; and |
|
(4) a penalty as established by the department [board] |
|
by rule to help ensure compliance with the contract. |
|
SECTION 36. Section 487.556, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.556. POWERS AND DUTIES OF DEPARTMENT. (a) The |
|
department [board] shall adopt rules necessary for the |
|
administration of this subchapter, including guidelines for: |
|
(1) developing contracts under which loan |
|
reimbursement or stipend recipients provide services to qualifying |
|
communities; |
|
(2) identifying the duties of the state, state agency, |
|
loan reimbursement or stipend recipient, and medically underserved |
|
community under the loan reimbursement or stipend contract; |
|
(3) determining a rate of interest to be charged under |
|
Section 487.555(e)(2); |
|
(4) ensuring that a loan reimbursement or stipend |
|
recipient provides access to health services to participants in |
|
government-funded health benefits programs in qualifying |
|
communities; |
|
(5) encouraging the use of telecommunications or |
|
telemedicine, as appropriate; |
|
(6) prioritizing the provision of loan reimbursements |
|
and stipends to health professionals who are not eligible for any |
|
other state loan forgiveness, loan repayment, or stipend program; |
|
(7) prioritizing the provision of loan reimbursements |
|
and stipends to health professionals who are graduates of health |
|
professional degree programs in this state; |
|
(8) encouraging a medically underserved community |
|
served by a loan reimbursement or stipend recipient to contribute |
|
to the cost of the loan reimbursement or stipend when making a |
|
contribution is feasible; and |
|
(9) requiring a medically underserved community |
|
served by a loan reimbursement or stipend recipient to assist the |
|
department in contracting with the loan reimbursement or stipend |
|
recipient who will serve that community. |
|
(b) The department [board] by rule may designate areas of |
|
the state as medically underserved communities. |
|
(c) The department [board] shall make reasonable efforts to |
|
contract with health professionals from a variety of different |
|
health professions. |
|
SECTION 37. Section 487.602, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.602. RURAL PHYSICIAN RELIEF PROGRAM. Subject to |
|
available funding, the [The] department shall create a program to |
|
provide affordable relief services to rural physicians practicing |
|
in the fields of general family medicine, general internal |
|
medicine, and general pediatrics to facilitate the ability of those |
|
physicians to take time away from their practice. |
|
SECTION 38. Section 487.652(a), Government Code, is amended |
|
to read as follows: |
|
(a) Subject to available funding, the [The] community |
|
telecommunications alliance program shall: |
|
(1) assist local communities in the creation and |
|
development of community telecommunications alliances, including |
|
alliances established to pursue rural economic development or |
|
innovative rural school health technology projects, by providing |
|
advice and assistance in assessing local uses of and local demands |
|
or needs for local telecommunications and information services of |
|
private sector providers; and |
|
(2) assist community telecommunications alliances in |
|
applying for grant funding for projects, including: |
|
(A) assisting alliances in securing matching |
|
private sector funding for projects; and |
|
(B) requiring alliances to develop sustainable |
|
plans: |
|
(i) that demonstrate how the alliance will |
|
continue to obtain private sector services once the grant funding |
|
terminates; |
|
(ii) that do not directly compete with |
|
local businesses, telecommunications providers, or information |
|
services providers; and |
|
(iii) that prohibit a network created with |
|
assistance from the alliance or other public funding from being |
|
sold to a direct competitor of a private sector provider. |
|
SECTION 39. Section 487.701(a), Government Code, is amended |
|
to read as follows: |
|
(a) The department shall establish the Texas Rural |
|
Foundation as a nonprofit corporation that complies with Chapter |
|
22, Business Organizations Code [the Texas Non-Profit Corporation
|
|
Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes)], |
|
except as otherwise provided by this chapter, and qualifies as an |
|
organization exempt from federal income tax under Section |
|
501(c)(3), Internal Revenue Code of 1986, as amended. |
|
SECTION 40. Section 487.703(a), Government Code, is amended |
|
to read as follows: |
|
(a) The Texas Rural Foundation is governed by a board of an |
|
odd number of at least nine and not more than 15 directors appointed |
|
by the commissioner [board of the department]. |
|
SECTION 41. Section 487.705(c), Government Code, is amended |
|
to read as follows: |
|
(c) If the [executive] director of the department has |
|
knowledge that a potential ground for removal exists, the |
|
[executive] director shall notify the presiding officer of the |
|
board of directors of the Texas Rural Foundation of the potential |
|
ground. The presiding officer shall then notify the governor and |
|
the attorney general that a potential ground for removal |
|
exists. If the potential ground for removal involves the presiding |
|
officer, the [executive] director of the department shall notify |
|
the next highest ranking officer of the board of directors, who |
|
shall then notify the governor and the attorney general that a |
|
potential ground for removal exists. |
|
SECTION 42. Section 487.710, Government Code, is amended to |
|
read as follows: |
|
Sec. 487.710. MEMORANDUM OF UNDERSTANDING. The Texas Rural |
|
Foundation and the department shall enter into a memorandum of |
|
understanding that: |
|
(1) requires the board of directors and staff of the |
|
foundation to report to the [executive] director of the department |
|
and the commissioner [board of the department]; |
|
(2) allows the department to provide staff functions |
|
to the foundation; |
|
(3) allows the department to expend funds on the |
|
foundation; and |
|
(4) outlines the financial contributions to be made to |
|
the foundation from funds obtained from grants and other sources. |
|
SECTION 43. Section 487.752(b), Government Code, is amended |
|
to read as follows: |
|
(b) The department [executive committee] by rule shall |
|
establish: |
|
(1) eligibility criteria for grant applicants; |
|
(2) grant application procedures; |
|
(3) guidelines relating to grant amounts; |
|
(4) procedures for evaluating grant applications; and |
|
(5) procedures for monitoring the use of grants |
|
awarded under the program and for ensuring compliance with the |
|
conditions of a grant. |
|
SECTION 44. The following provisions of the Government Code |
|
are repealed: |
|
(1) Section 487.001(1); |
|
(2) Section 487.027; |
|
(3) Section 487.030; |
|
(4) Section 487.031; |
|
(5) Section 487.032; |
|
(6) Section 487.053; |
|
(7) Section 487.054; |
|
(8) Section 487.0541; |
|
(9) Section 487.056; |
|
(10) Section 487.057; |
|
(11) Section 487.059; |
|
(12) Section 487.552; |
|
(13) Section 487.608; and |
|
(14) Section 487.653. |
|
SECTION 45. On the effective date of this Act, the following |
|
are abolished: |
|
(1) the interagency work group under Section 487.0541, |
|
Government Code; |
|
(2) the advisory panel under Section 487.552, |
|
Government Code; and |
|
(3) the rural physician relief advisory committee |
|
under Section 487.608, Government Code. |
|
SECTION 46. This Act takes effect September 1, 2013. |