S.B. No. 1326
 
 
 
 
AN ACT
  relating to the functions of the statewide health coordinating
  council; providing civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 104.001, Health and
  Safety Code, is amended to read as follows:
         (a)  The policy of this state and the purpose of this chapter
  are to[:
               [(1)]  ensure that health care services and facilities
  are available to all citizens in an orderly and economical manner[;
  and
               [(2)  meet the requirements of applicable federal law].
         SECTION 2.  Section 104.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 104.002.  DEFINITIONS [DEFINITION]. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Commissioner" means the commissioner of the
  Department of State Health Services.
               (3)  "Department" means the Department of State Health
  Services.
               (4)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (5)  "Health[, "health] care facility" means a public
  or private hospital, skilled nursing facility, intermediate care
  facility, ambulatory surgical center [facility], family planning
  clinic that performs ambulatory surgical procedures, rural or urban
  health initiative clinic, end stage renal disease facility [kidney
  disease treatment facility], and inpatient rehabilitation
  facility[, and any other facility designated a health care facility
  by federal law]. The term does not include the office of physicians
  or practitioners of the healing arts practicing individually or in
  groups.
         SECTION 3.  Subsection (a), Section 104.011, Health and
  Safety Code, is amended to read as follows:
         (a)  The statewide health coordinating council is composed
  of 17 members determined as follows:
               (1)  the executive commissioner [of health and human
  services] or a representative designated by the executive
  commissioner;
               (2)  the chair [presiding officer] of the Texas Higher
  Education Coordinating Board or a representative designated by the
  presiding officer;
               (3)  the commissioner [presiding officer of the
  department] or a representative designated by the commissioner
  [presiding officer];
               (4)  the presiding officer of the [Texas] Department of
  Aging and Disability Services [Mental Health and Mental
  Retardation] or a representative designated by the presiding
  officer; and
               (5)  the following members appointed by the governor:
                     (A)  three health care professionals from the
  allied health, dental, medical, mental health, and pharmacy
  professions, no two of whom may be from the same profession;
                     (B)  one registered nurse;
                     (C)  two representatives of a university or
  health-related institution of higher education;
                     (D)  one representative of a junior or community
  college with a nursing program;
                     (E)  one hospital administrator;
                     (F)  one managed care administrator; and
                     (G)  four public members.
         SECTION 4.  Section 104.015, Health and Safety Code, is
  amended to read as follows:
         Sec. 104.015.  ADVISORY BOARDS AND AD HOC COMMITTEES. The
  statewide health coordinating council may form advisory boards or
  ad hoc committees composed of individuals [health care experts]
  from the public and private sectors to review policy matters
  related to the council's purpose.
         SECTION 5.  Subsection (a), Section 104.0155, Health and
  Safety Code, is amended to read as follows:
         (a)  The statewide health coordinating council shall form a
  nursing advisory committee the majority of the members of which
  must be nurses. The committee:
               (1)  must include:
                     (A)  members of associations that represent
  nurses, educators of nurses, and employers of nurses;
                     (B)  members who represent the Texas Board of
  Nursing [nurse licensing boards]; and
                     (C)  a nurse researcher; and
               (2)  may include other members who are health care
  experts from the public or private sector, nurses, nurse educators,
  employers of nurses, or consumers of nursing services.
         SECTION 6.  Subsections (b) and (c), Section 104.022, Health
  and Safety Code, are amended to read as follows:
         (b)  The statewide health coordinating council, in
  consultation with the commission [Health and Human Services
  Commission], shall issue overall directives for the development of
  the state health plan.
         (c)  The department shall consult with the [Texas]
  Department of Aging and Disability Services [Mental Health and
  Mental Retardation], the commission [Texas Department of Human
  Services], and other appropriate health-related state agencies
  designated by the governor before performing the duties and
  functions prescribed by state and federal law regarding the
  development of the state health plan.
         SECTION 7.  Subsections (a) and (b), Section 104.042, Health
  and Safety Code, are amended to read as follows:
         (a)  The executive commissioner [board] by rule shall
  establish reasonable procedures for the collection of data by the
  department from health care facilities and for the distribution of
  data necessary to facilitate and expedite proper and effective
  health planning and resource development.
         (b)  The executive commissioner [board] by rule shall
  specify the type of data required, the entities required to submit
  the data, and the period during which the data must be submitted.
         SECTION 8.  Subsection (f), Section 104.0421, Health and
  Safety Code, is amended to read as follows:
         (f)  The department shall continue to assist the council and
  the health professions resource center with the development of the
  state health plan. The council shall coordinate related health
  planning functions within the department. The staff of the health
  professions resource center shall continue to be department
  employees but are governed by the council. [The staff of the Bureau
  of State Health Data and Policy Analysis that previously assisted
  the council shall continue to assist the council.]
         SECTION 9.  Subsections (a) and (c), Section 104.043, Health
  and Safety Code, are amended to read as follows:
         (a)  If the department does not receive necessary data from
  an entity as required by the executive commissioner's [board]
  rules, the department shall send to the entity a notice requiring
  the entity to submit the data not later than the 30th day after the
  date on which the entity receives the notice.
         (c)  At the request of the executive commissioner, the
  attorney general shall sue in the name of the state to recover the
  civil penalty.
         SECTION 10.  Section 105.005, Health and Safety Code, is
  amended to read as follows:
         Sec. 105.005.  RULES.  The executive commissioner of the
  Health and Human Services Commission [board] may adopt rules to
  govern the reporting and collection of data.
         SECTION 11.  Section 311.033, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  A hospital that does not submit to the department the
  data required under this section is subject to civil penalties
  under Section 104.043.
         SECTION 12.  Sections 104.003 and 104.041, Health and Safety
  Code, are repealed.
         SECTION 13.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1326 passed the Senate on
  April 30, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1326 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor