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  H.B. No. 1394
 
 
 
 
AN ACT
  relating to the sunset review of certain powers and duties
  performed by the Department of State Health Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.003, Health and Safety Code, is
  amended to read as follows:
         Sec. 11.003.  SUNSET PROVISION.  (a) The Texas Board of
  Health and the Texas Department of Health were abolished by Section
  1.26, Chapter 198 (H.B. 2292), Acts of the 78th Legislature,
  Regular Session, 2003, and the powers and duties of those entities
  under this chapter were transferred to other agencies, which are
  subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
  the agencies to which those powers and duties are transferred are
  continued in existence as provided by that chapter, this chapter
  expires September 1, 2015.
         (b)  In the review of the Department of State Health Services
  by the Sunset Advisory Commission, as required by this section and
  Section 1001.003, the sunset commission shall review the powers and
  duties exercised by the department under Chapter 108 and determine
  whether the department, under that chapter, is:
               (1)  achieving the legislature's intent of empowering
  consumers with information to make informed health care decisions;
               (2)  maintaining appropriate privacy and security
  standards for patient information; and
               (3)  limiting the patient information the department
  collects to the information necessary for performing the
  department's duties under Chapter 108.
         (c)  The Sunset Advisory Commission shall report its
  findings to the legislature in the report required by Section
  325.010, Government Code. This subsection and Subsection (b)
  expire September 1, 2015.
         SECTION 2.  Chapter 108, Health and Safety Code, is amended
  by adding Section 108.016 to read as follows:
         Sec. 108.016.  SUNSET REVIEW. Unless continued in existence
  in accordance with Chapter 325, Government Code (Texas Sunset Act),
  after the review required by Section 11.003(b), this chapter
  expires September 1, 2015.
         SECTION 3.  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, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1394 was passed by the House on April
  26, 2013, by the following vote:  Yeas 135, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1394 was passed by the Senate on May
  22, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor