HB 2967, Hse 2nd Rdg, Amnd #2

Amend HB 2967 (house committee report) by striking all below the enacting clause and substituting the following:

SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Sections 38.035, 38.0351, and 38.0352 to read as follows:

Sec. 38.035. VISION SCREENING REPORTING. (a) Not later than May 31 of each year, the agency shall post on the agency's Internet website a report regarding the number of students in each school district identified as having a vision disorder or other vision problem requiring vision care under the screening program described by Section 36.004, Health and Safety Code, disaggregated by:

(6) whether the student is educationally disadvantaged;

(7) the number of times the student was previously identified as having a vision disorder or other vision problem;

(8) the identified vision disorder or problem; and

(9) the type of screening equipment used for the screening.

(b) The commissioner by rule shall require each school district to report to the agency information necessary for the agency to prepare the report required by this section.

(c) The agency shall store and maintain information reported to the agency under this section using the data management system described by Section 38.0352.

Sec. 38.0351. VISION CARE GRANT PROGRAM FOR CERTAIN STUDENTS. (a) In this section:

(1) "Eligible student" means a student who:

(A) has been identified as having a vision disorder or other vision problem under the screening program described by Section 36.004, Health and Safety Code; and

(B) is educationally disadvantaged.

(2) "Vision care" includes eye exams and assistive or corrective visual devices, such as glasses or contact lenses dispensed under a prescription.

(b) From money appropriated or otherwise available for that purpose, the agency shall establish and administer a grant program for the purpose of awarding grants to cover the costs of:

(1) screening eligible students for vision disorders or other vision problems; and

(2) providing vision care to eligible students identified as having a vision disorder or other vision problem.

(d) The commissioner shall adopt the rules necessary to administer the grant program established under this section.

(e) The agency may award a grant under this section only in accordance with a contract between the agency and grant recipient. The contract must include provisions under which the agency is granted sufficient control to ensure the public purpose of providing vision care to eligible students is accomplished and this state receives the return benefit.

(f) Money allocated under this section:

(1) may only be used to cover the costs associated with providing vision care to eligible students; and

(2) may not be used to supplant any other money provided for the same purpose.

(g) The agency may solicit and accept gifts, grants, and donations for the purpose of implementing the grant program established under this section.

Sec. 38.0352. ACQUISITION OF DATA MANAGEMENT SYSTEM. (a) The agency shall acquire and maintain a third-party data management system to facilitate the reporting of information to the agency under Section 38.035 and to maintain any information under Section 38.0351 as the agency determines necessary.

(b) The data management system the agency acquires and maintains under Subsection (a) must comply with any applicable federal and state privacy laws.

(c) The agency may enter into a memorandum of understanding with the Health and Human Services Commission for the commission to utilize the data management system the agency acquires and maintains under Subsection (a) in conducting the screening program for vision disorders under Section 36.004, Health and Safety Code.

SECTION 2. Section 36.004(b-1), Health and Safety Code, is amended to read as follows:

(b-1) The rules must allow an individual who attends a public or private school to be screened:

(1) using photoscreening to detect vision disorders; [~~and~~]

(2) using an electronic eye chart as a substitute for a printed eye chart to assess visual acuity; and

(3) using visual screening techniques to detect depth perception issues and color blindness.

SECTION 3. Section 36.006, Health and Safety Code, is amended by adding Subsections (a-1) and (a-2) to read as follows:

(a-1) The form prescribed by the department under Subsection (a) must include:

(1) separate spaces for the student's first and last name;

(2) a space for the preschool's or school's name;

(3) a space for the student's grade level;

(4) information for a student's parent regarding available resources for low-cost vision care; and

(5) information for a student's parent regarding the student's potential eligibility to receive benefits under the child health plan program, as defined by Section 521.0001, Government Code.

(a-2) The department shall biennially update the form information required under Subsection (a-1)(4).

SECTION 4. (a) Not later than December 1, 2025, the commissioner of education shall adopt rules necessary to implement Sections 38.035, 38.0351, and 38.0352, Education Code, as added by this Act.

(b) Not later than December 1, 2025, the executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement the changes in law made by this Act to Chapter 36, Health and Safety Code.