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AN ACT
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relating to grants for school-based health centers and reports |
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submitted by those centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.063, Education Code, is amended by |
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amending Subsections (a), (b), (d), (e), (f), and (g) and adding |
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Subsections (e-1) and (e-2) to read as follows: |
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(a) Subject to the availability of federal or state |
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appropriated funds, the commissioner of state [public] health |
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services shall administer a program under which grants are awarded |
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to assist school districts and local health departments, hospitals, |
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health care systems, universities, or nonprofit organizations that |
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contract with school districts with the costs of [operating] |
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school-based health centers in accordance with this section. |
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(b) The commissioner of state [public] health services, by |
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rules adopted in accordance with this section, shall establish |
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procedures for awarding grants. The rules must provide that: |
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(1) grants are awarded annually [to school districts
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on an annual basis] through a competitive process to: |
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(A) school districts; and |
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(B) local health departments, hospitals, health |
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care systems, universities, or nonprofit organizations that have |
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contracted with school districts to establish and operate |
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school-based health centers; |
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(2) subject to the availability of federal or state |
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appropriated funds, each grant is for a term of five years; and |
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(3) a preference is given to school-based health |
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centers in school districts that are located in rural areas or that |
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have low property wealth per student. |
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(d) A school district, local health department, hospital, |
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health care system, university, or nonprofit organization may not |
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receive more than $250,000 per state fiscal biennium through grants |
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awarded under this section. |
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(e) To be eligible to receive a grant, a school district, |
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local health department, hospital, health care system, university, |
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or nonprofit organization must provide matching funds in accordance |
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with rules adopted under Subsection (b). The matching funds may be |
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obtained from any source available to the district, local health |
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department, hospital, health care system, university, or nonprofit |
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organization, including in-kind contributions, community or |
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foundation grants, individual contributions, and local |
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governmental agency operating funds. |
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(e-1) A grant under this section may not be given to a |
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nonprofit organization that offers reproductive services, |
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contraceptive services, counseling, or referrals, or any other |
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services that require a license under Chapter 245, Health and |
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Safety Code, or that is affiliated with a nonprofit organization |
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that is licensed under Chapter 245, Health and Safety Code. |
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(e-2) A school district, local health department, hospital, |
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health care system, university, or nonprofit organization |
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receiving a grant under this section may use the grant funds to: |
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(1) establish a new school-based health center; |
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(2) expand an existing school-based health center; or |
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(3) operate a school-based health center. |
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(f) The commissioner of state [public] health services |
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shall adopt rules establishing standards for health care centers |
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funded through grants that place primary emphasis on delivery of |
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health services and secondary emphasis on population-based models |
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that prevent emerging health threats. |
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(g) The commissioner of state [public] health services |
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shall require client surveys to be conducted in school-based health |
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centers funded through grants awarded under this section[, and the
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results of those surveys must be included in the annual report
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required under Section 38.064]. |
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SECTION 2. Section 38.064, Education Code, is amended to |
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read as follows: |
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Sec. 38.064. REPORT TO LEGISLATURE. (a) Based on |
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statistics obtained from every school-based health center in this |
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state that receives funding through the Department of State Health |
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Services, the Department of State Health Services [commissioner of
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public health] shall issue a biennial [an annual] report to the |
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legislature about the relative efficacy of services delivered by |
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the [school-based health] centers during the preceding two years |
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and any increased academic success of students at campuses served |
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by those centers, with special emphasis on any: |
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(1) increased attendance, including attendance |
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information regarding students with chronic illnesses; |
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(2) decreased drop-out rates; |
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(3) improved student health; [and] |
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(4) increased student immunization rates; |
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(5) increased student participation in preventive |
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health measures, including routine physical examinations and |
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checkups conducted in accordance with the Texas Health Steps |
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program; and |
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(6) improved performance on student assessment |
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instruments administered under Subchapter B, Chapter 39. |
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(b) The Department of State Health Services may modify any |
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requirement imposed by Subsection (a) if necessary to comply with |
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federal law regarding confidentiality of student medical or |
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educational information, including the Health Insurance |
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Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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et seq.) and the Family Educational Rights and Privacy Act of 1974 |
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(20 U.S.C. Section 1232g) [In obtaining statistics for preparation
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of the report required by this section, the commissioner of public
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health shall ensure that data is collected for each county and
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aggregated appropriately according to geographical region]. |
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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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 281 was passed by the House on April |
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24, 2009, by the following vote: Yeas 95, Nays 41, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 281 on May 29, 2009, by the following vote: Yeas 138, Nays 2, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 281 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |