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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation, powers, and regulations of, and |
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management of the functions, of the Department of State Health |
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Services, the collection information by the department and the |
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application of the open records law to that information, and the |
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implementation of related advisory committee recommendations to |
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protect the public. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1001, Health and Safety Code, is amended |
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by adding Subchapter G to read as follows: |
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SUBCHAPTER G. DEPARTMENT EFFICIENCY AND EFFECTIVENESS |
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Sec. 1001.201. EVALUATION OF DEPARTMENT OPERATIONS. (a) In |
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this section, "advisory committee" means the committee established |
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under Chapter 117. |
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(b) The advisory committee shall: |
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(1) evaluate the operation, powers, regulations, and |
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management of the department in implementing the department's |
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duties under this code, including duties in relation to licensed |
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entities; |
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(2) evaluate whether the open records law, including |
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Chapter 552, Government Code, hinders the department in |
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implementing the department's functions under this code or |
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negatively impact the department's ability to maintain the |
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confidentiality of information; |
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(3) evaluate the department data collection |
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functions, including: |
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(A) what information is collected by the |
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department; |
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(B) the efficiency and effectiveness of |
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department information collection activities; |
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(C) the need for collection of additional, |
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different, or expanded information by the department to protect the |
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public; and |
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(D) the effectiveness of the department in |
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maintaining the confidentiality of information collected or |
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maintained by the department; and |
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(4) make recommendations to the executive |
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commissioner of the Health and Human Services Commission on the |
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matters described by Subdivisions (1)-(3). |
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(c) Notwithstanding any other law, the executive |
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commissioner of the Health and Human Services Commission may adopt |
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rules to implement the recommendations of the advisory committee, |
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including any rules necessary to protect the health and safety of |
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the public. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |