BILL ANALYSIS

C.S.H.B. 2783

By: Wilson

Public Health

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Pediatric acute-onset neuropsychiatric syndrome is a condition characterized by the sudden onset of neuropsychiatric symptoms such as obsessive-compulsive behaviors or severe eating restrictions. It is of ongoing concern that this condition can often go undetected or unreported or be misdiagnosed or dismissed by physicians. These concerns have prompted efforts to make policymakers aware of the need for more information on this condition. C.S.H.B. 2783 seeks to support these efforts by establishing the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council to advise the Health and Human Services Commission and the legislature on research, diagnosis, treatment, and education related to the syndrome.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2783 amends the Health and Safety Code to establish the 19-member Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council to advise the Health and Human Services Commission (HHSC) and the legislature on research, diagnosis, treatment, and education related to pediatric acute-onset neuropsychiatric syndrome. The bill subjects the advisory council to the Texas Sunset Act and provides for the abolishment of the council and the expiration of the bill's provisions September 1, 2031, unless continued in existence as provided by that act.

C.S.H.B. 2783 sets out the advisory council's composition, provides for the appointment of council members, requires that the applicable appointing officers appoint members not later than December 31, 2019, and requires that each member be a Texas citizen. The bill provides for the administration and operation of the council and requires the council, not later than September 1 of each year, to prepare and submit to the governor, legislature, and HHSC a written report that includes recommendations on certain specified topics. The bill's provisions relating to the annual reporting requirement, including any action taken under those provisions to develop or disseminate information or materials, expressly do not create a civil or administrative cause of action or a civil or criminal liability and do not create a standard of care, obligation, or duty that provides the basis for a cause of action. The bill exempts the council from state law relating to state agency advisory committees.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2783 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision establishing that the bill's provisions relating to the advisory council's annual reporting requirement, including any action taken under those provisions to develop or disseminate information or materials, do not create a civil or administrative cause of action or a civil or criminal liability and do not create a standard of care, obligation, or duty that provides the basis for a cause of action.

The substitute replaces as one of the governor-appointed members of the advisory council the member who is a representative of a professional organization in Texas for school psychologists with a member who is a psychologist licensed under the Psychologists' Licensing Act.