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  S.B. No. 969
 
 
 
 
AN ACT
  relating to the establishment of the Public Health Funding and
  Policy Committee within the Department of State Health Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is
  amended by adding Chapter 117 to read as follows:
  CHAPTER 117. PUBLIC HEALTH FUNDING AND POLICY COMMITTEE
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 117.001.  DEFINITIONS. In this chapter:
               (1)  "Commissioner" means the commissioner of state
  health services.
               (2)  "Committee" means the Public Health Funding and
  Policy Committee established under Section 117.051.
               (3)  "Department" means the Department of State Health
  Services.
               (4)  "Local health department" means a local health
  department established under Subchapter D, Chapter 121.
               (5)  "Local health entity" means a local health unit, a
  local health department, or a public health district.
               (6)  "Local health unit" has the meaning assigned by
  Section 121.004.
               (7)  "Public health district" means a health district
  established under Subchapter E, Chapter 121.
         Sec. 117.002.  APPLICATION OF SUNSET ACT. The Public Health
  Funding and Policy Committee is subject to Chapter 325, Government
  Code (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, the committee is abolished and this chapter
  expires September 1, 2023.
         Sec. 117.003.  ADMINISTRATIVE COSTS. To the extent that a
  term or condition of a federal grant or federal law does not limit
  the use of federal grant money, the department or a local health
  entity may use federal grant money to pay the administrative costs
  incurred by the department or the local health entity in
  implementing and administering this chapter.
  [Sections 117.004-117.050 reserved for expansion]
  SUBCHAPTER B. ESTABLISHMENT OF COMMITTEE
         Sec. 117.051.  ESTABLISHMENT OF COMMITTEE. The commissioner
  shall establish the Public Health Funding and Policy Committee
  within the department.
         Sec. 117.052.  APPOINTMENT OF MEMBERS. (a)  The
  commissioner shall appoint nine members to the committee as
  follows:
               (1)  two regional health directors, each of whom is
  serving as a health authority in a municipality or county;
               (2)  one local health entity representative of a
  municipality or county with a population of 50,000 or less;
               (3)  one local health entity representative from a
  municipality or county with a population greater than 50,000 but
  less than 250,000;
               (4)  one local health entity representative from a
  municipality or county with a population of at least 250,000;
               (5)  two local health entity representatives, each of
  whom serves in a municipality or county as the health authority; and
               (6)  two representatives of schools of public health at
  institutions of higher education in this state.
         (b)  In making appointments under Subsections (a)(2), (3),
  (4), and (5), the commissioner shall select the members from
  nominations by associations representing local health departments,
  county governments, and municipal governments.
         Sec. 117.053.  TERMS; VACANCY. (a)  Committee members serve
  staggered six-year terms, with the terms of three members expiring
  on February 1 of each odd-numbered year.
         (b)  If a vacancy occurs on the committee, a person shall be
  appointed to fill the vacancy for the unexpired term in the same
  manner as the original appointment.
         Sec. 117.054.  COMPENSATION AND REIMBURSEMENT. A committee
  member is not entitled to compensation for service on the committee
  and is not entitled to reimbursement for any travel expenses.
         Sec. 117.055.  PRESIDING OFFICER. The presiding officer is
  elected by a majority vote of all the committee members.
         Sec. 117.056.  MEETINGS. (a)  The committee shall meet at
  least quarterly or more frequently at the call of the presiding
  officer.
         (b)  To ensure appropriate representation from all areas of
  this state, the committee may meet by videoconference or telephone
  conference call. A meeting held by videoconference or telephone
  conference call under this subsection must comply with the
  requirements applicable to a telephone conference call under
  Sections 551.125(c), (d), (e), and (f), Government Code. Sections
  551.125(b) and 551.127, Government Code, do not apply to the
  committee.
  [Sections 117.057-117.100 reserved for expansion]
  SUBCHAPTER C. DUTIES OF COMMITTEE
         Sec. 117.101.  GENERAL DUTIES OF COMMITTEE. (a)  The
  committee shall:
               (1)  define the core public health services a local
  health entity should provide in a county or municipality;
               (2)  evaluate public health in this state and identify
  initiatives for areas that need improvement;
               (3)  identify all funding sources available for use by
  local health entities to perform core public health functions;
               (4)  establish public health policy priorities for this
  state; and
               (5)  at least annually, make formal recommendations to
  the department regarding:
                     (A)  the use and allocation of funds available
  exclusively to local health entities to perform core public health
  functions;
                     (B)  ways to improve the overall public health of
  citizens in this state;
                     (C)  methods for transitioning from a contractual
  relationship between the department and the local health entities
  to a cooperative-agreement relationship between the department and
  the local health entities; and
                     (D)  methods for fostering a continuous
  collaborative relationship between the department and the local
  health entities.
         (b)  Recommendations made under Subsection (a)(5)(A) must be
  in accordance with:
               (1)  prevailing epidemiological evidence, variations
  in geographic and population needs, best practices, and
  evidence-based interventions related to the populations to be
  served;
               (2)  state and federal law; and
               (3)  federal funding requirements.
         Sec. 117.102.  PUBLIC TESTIMONY. (a)  At least
  semiannually, the committee shall:
               (1)  invite public health stakeholders, including
  federal public health officials, county and municipal governments,
  schools of public health at institutions of higher education, and
  federally qualified health centers, to give oral or written
  testimony to the committee; and
               (2)  provide opportunities for the general public to
  give oral or written testimony to the committee.
         (b)  The committee shall consult with public health
  stakeholders to carry out the general duties of the committee.
         Sec. 117.103.  ANNUAL REPORT. Beginning in 2012, not later
  than November 30 of each year the committee shall file a report on
  the implementation of this chapter with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives.
         Sec. 117.104.  SUPPORT STAFF. Using existing personnel and
  videoconferencing equipment, local health entities or their
  designees may assist the committee in the performance of its duties
  under this chapter.
         Sec. 117.105.  OPEN MEETINGS ACT. Except as provided by
  Section 117.056, the committee is subject to Chapter 551,
  Government Code.
  [Sections 117.106-117.150 reserved for expansion]
  SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT
         Sec. 117.151.  ANNUAL REPORT. (a)  Beginning in 2012, not
  later than November 30 of each year the department shall file an
  annual report with the governor, the lieutenant governor, and the
  speaker of the house of representatives detailing:
               (1)  the implementation of the committee's
  recommendations described in Section 117.101(a)(5); and
               (2)  an explanation of the department's reasons for not
  implementing a recommendation.
         (b)  A decision by the department not to implement a
  recommendation of the committee must be based on:
               (1)  a lack of available funding;
               (2)  evidence that the recommendation is not in
  accordance with prevailing epidemiological evidence, variations in
  geographic and population needs, best practices, or evidence-based
  interventions related to the populations to be served;
               (3)  evidence that implementing the recommendation
  would violate state or federal law; or
               (4)  evidence that the recommendation would violate
  federal funding requirements.
         Sec. 117.152.  COLLABORATIVE RELATIONSHIP WITH LOCAL HEALTH
  ENTITIES. The department shall establish a continuous
  collaborative relationship with local health departments.
         Sec. 117.153.  COOPERATIVE AGREEMENT PLAN. Not later than
  June 30, 2012, the department shall develop a plan to transition
  from contractual agreements with local health entities to
  cooperative agreements with local health entities. The plan must
  include a mechanism to ensure that the local health entities are
  accountable to the department for the funds allocated. This
  section expires June 30, 2013.
         SECTION 2.  Subchapter B, Chapter 1001, Health and Safety
  Code, is amended by adding Section 1001.0305 to read as follows:
         Sec. 1001.0305.  LOCAL HEALTH ENTITY POLICY. In developing
  policy related to funding local health entities as defined by
  Section 117.001, the department shall consult with the Public
  Health Funding and Policy Committee established under Chapter 117.
         SECTION 3.  (a)  As soon as practicable after the effective
  date of this Act but not later than October 1, 2011, the
  commissioner of state health services shall appoint the members of
  the Public Health Funding and Policy Committee established by
  Section 117.051, Health and Safety Code, as added by this Act.
         (b)  Not later than the 30th day after the date all members
  are appointed to the Public Health Funding and Policy Committee as
  required by Subsection (a) of this section, the commissioner of
  state health services shall call the first meeting of the
  committee.
         (c)  At the first meeting of the initial members of the
  Public Health Funding and Policy Committee, the members shall draw
  lots to determine which three members will serve initial two-year
  terms expiring February 1, 2013, which three members will serve
  initial four-year terms expiring February 1, 2015, and which three
  members will serve initial six-year terms expiring February 1,
  2017.
         SECTION 4.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 969 passed the Senate on
  April 7, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 969 passed the House on
  May 25, 2011, by the following vote:  Yeas 147, Nays 0, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor