H.B. No. 2344
AN ACT
relating to the Council on Cardiovascular Disease and Stroke.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 93.002, Health and Safety Code, is
amended to read as follows:
Sec. 93.002. APPOINTMENT OF COUNCIL; TERMS OF MEMBERS. (a)
The Council on Cardiovascular Disease and Stroke is composed of:
(1) 11 public members appointed by the governor, with
the advice and consent of the senate, as follows:
(A) a licensed physician with a specialization in
cardiology;
(B) a licensed physician with a specialization in
neurology to treat stroke;
(C) a licensed physician employed in a primary
care setting;
(D) a registered nurse with a specialization in
quality improvement practices for cardiovascular disease and
stroke;
(E) a registered and licensed dietitian;
(F) two persons with experience and training in
public health policy, research, or practice;
(G) two consumer members, with special
consideration given to persons actively participating in the Texas
affiliates of the American Heart Association or American Stroke
Association, managed care, or hospital or rehabilitation settings;
and
(H) two members from the general public that have
or care for persons with cardiovascular disease or stroke; and
(2) one nonvoting member representing each of the
state agencies that oversee:
(A) health services;
(B) education;
(C) assistive and rehabilitative services; and
(D) aging and disability services [board].
(b) In appointing public members under Subsection (a)(1),
the governor shall attempt to appoint female members and members of
different minority groups, including African Americans, Hispanic
Americans, Native Americans, and Asian Americans.
(c) The head of each agency overseeing services listed in
Subsection (a)(2) shall appoint the agency's representative
nonvoting member.
(d) Public members [Members] of the council serve staggered
six-year terms, with the terms of three or four [approximately
one-third] of the public members expiring February 1 of each
odd-numbered year. A nonvoting member representing a state agency
serves at the will of the appointing agency.
SECTION 2. Section 93.003, Health and Safety Code, is
amended to read as follows:
Sec. 93.003. [COMPENSATION;] REIMBURSEMENT. (a) Except as
provided by Subsection (b), a [A] member of the council may [not
receive compensation for service on the council and, except as
provided by Subsection (b), may not] be reimbursed for travel
expenses incurred while conducting the business of the council at
the same rate provided for state employees in the General
Appropriations Act, provided funds are appropriated to the
department for this purpose.
(b) If funds are not appropriated to support reimbursement
of travel expenses, the [The] commissioner may authorize
reimbursement of the travel expenses incurred by a member while
conducting the business of the council, as provided in the General
Appropriations Act, if the commissioner finds on application of the
member that travel for council business imposes a financial
hardship on the member.
SECTION 3. The heading to Section 93.006, Health and Safety
Code, is amended to read as follows:
Sec. 93.006. REPORT TO [BOARD AND] LEGISLATURE.
SECTION 4. Section 93.006(b), Health and Safety Code, is
amended to read as follows:
(b) Not later than January 15 of each [odd-numbered] year,
the council shall report to the governor, the lieutenant governor,
and the speaker of the house of representatives on the activities of
the council , accounting for all funds received and disbursed by or
for the council during the preceding fiscal year [in the preceding
two calendar years].
SECTION 5. Subchapter A, Chapter 93, Health and Safety
Code, is amended by adding Sections 93.007-93.014 to read as
follows:
Sec. 93.007. RESTRICTIONS ON COUNCIL APPOINTMENT,
MEMBERSHIP, OR EMPLOYMENT. (a) A person is not eligible to serve
as a public member if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds at the
council's direction;
(2) owns or controls directly or indirectly more than
a 10 percent interest in a business entity or other organization
receiving funds at the council's direction; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the department at the council's
direction, other than compensation or reimbursement authorized by
law for council membership, attendance, or expenses.
(b) A person who is required to register as a lobbyist under
Chapter 305, Government Code, may not serve as a member of the
council or act as the general counsel of the council.
(c) An officer, employee, or paid consultant of a trade
association in the field of health care may not be a member or
employee of the council. A person who is the spouse of an officer,
employee, or paid consultant of a trade association in the field of
health care may not be a member of the council and may not be an
employee, including an employee exempt from the state's position
classification plan, who is compensated at or above the amount
prescribed by the General Appropriations Act for step 1, salary
group A17, of the position classification salary schedule.
(d) For purposes of Subsection (c), a trade association is a
nonprofit, cooperative, and voluntary association of business or
professional competitors designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interests.
Sec. 93.008. REMOVAL OF COUNCIL MEMBER. (a) It is a ground
for removal from the council if a member:
(1) is not eligible for appointment to the council at
the time of appointment as provided by Section 93.007(a);
(2) is not eligible to serve on the council as provided
by Section 93.007(a);
(3) violates a prohibition established by Section
93.007(b) or (c);
(4) cannot discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(5) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during each calendar year, unless the absence is excused by a
majority vote of the council.
(b) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a member of
the council exists.
(c) If the presiding officer of the council knows that a
potential ground for removal exists, the presiding officer shall
notify the governor of its existence.
(d) The council shall inform its members as often as
necessary of:
(1) the qualifications for office prescribed by this
chapter; and
(2) the responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Sec. 93.009. PRESIDING OFFICER. The governor shall
designate a member of the council as the presiding officer of the
council to serve in that capacity at the will of the governor.
Sec. 93.010. STAFF SUPPORT. Each agency represented on the
council:
(1) shall provide the council with staff support of
specialists as needed; and
(2) may provide staff support to an advisory
committee.
Sec. 93.011. DIVISION OF POLICY AND MANAGEMENT
RESPONSIBILITIES. The council shall develop and implement policies
that clearly separate the policy-making responsibilities of the
council and the management responsibilities of the commissioner and
staff of the department.
Sec. 93.012. MEETINGS. (a) The council shall meet at least
quarterly and shall adopt rules for the conduct of its meetings.
(b) An action taken by the council must be approved by a
majority of the voting members present.
Sec. 93.013. GIFTS AND GRANTS. (a) The council may receive
gifts and grants from any public or private source to perform its
duties under this chapter. The department shall accept the gifts on
behalf of the council and shall deposit any funds accepted under
this section to the credit of a special account in the general
revenue fund as required by Section 93.014.
(b) The department may retain five percent of any monetary
gifts accepted on behalf of the council to cover its costs in
administering this section.
Sec. 93.014. HEART DISEASE AND STROKE RESOURCE FUND. (a)
The heart disease and stroke resource fund is an account of the
general revenue fund.
(b) The legislature may appropriate money deposited to the
credit of the heart disease and stroke resource fund only to the
council for:
(1) heart disease and stroke prevention, research, and
medical care for heart attack and stroke victims; and
(2) grants to nonprofit heart disease and stroke
organizations.
(c) The council shall develop a policy governing the award
of funds for clinical research that follows scientific peer review
guidelines for primary and secondary prevention of heart disease or
stroke or that follows other review procedures that are designed to
distribute those funds on the basis of scientific merit.
(d) Interest earned from the investment of the heart disease
and stroke resource fund shall be deposited to the credit of the
fund.
SECTION 6. Section 93.051, Health and Safety Code, is
amended to read as follows:
Sec. 93.051. CARDIOVASCULAR DISEASE AND STROKE PREVENTION
PLAN; DUTIES OF COUNCIL. (a) The council shall develop an
effective and resource-efficient plan to reduce the morbidity,
mortality, and economic burden of cardiovascular disease and stroke
in this state. The council shall:
(1) conduct health education, public awareness, and
community outreach activities that relate to primary and secondary
prevention of cardiovascular disease and stroke;
(2) promote, enhance, and coordinate health
education, public awareness, and community outreach activities
that relate to primary and secondary prevention of cardiovascular
disease and stroke and that are provided by private and other public
organizations;
(3) coordinate activities with other entities that are
concerned with medical conditions that are similar to
cardiovascular disease and stroke or that have similar risk
factors;
(4) identify to health care providers, employers,
schools, community health centers, and other groups the benefits of
encouraging treatment, primary and secondary prevention, and
public awareness of cardiovascular disease and stroke and recognize
innovative and effective programs that achieve the objectives of
improved treatment, prevention, and public awareness;
(5) provide guidance regarding the roles and
responsibilities of government agencies, health care providers,
employers, third-party payers, patients, and families of patients
in the treatment, primary and secondary prevention, and public
awareness of cardiovascular disease and stroke;
(6) improve access to treatment for and primary and
secondary prevention of cardiovascular disease and stroke through
public awareness programs, including access for uninsured
individuals and individuals living in rural or underserved areas;
(7) assist communities to develop comprehensive local
cardiovascular disease and stroke prevention programs;
(8) assist the Texas Education Agency and local school
districts to promote a public school curriculum that includes
physical, nutritional, and health education relating to
cardiovascular disease and stroke prevention;
(9) establish appropriate forums, programs, or
initiatives designed to educate the public regarding the impact of
heart disease and stroke on women's health, with an emphasis on
preventive health and healthy lifestyles; and
(10) [(9)] evaluate and enhance the implementation
and effectiveness of the program developed under this chapter.
(b) The council shall make written recommendations for
performing its duties under this chapter to the department and the
legislature.
(c) The council shall advise the legislature on legislation
that is needed to develop further and maintain a statewide system of
quality education services for all persons with cardiovascular
disease or stroke. The council may develop and submit legislation
to the legislature or comment on pending legislation that affects
persons with cardiovascular disease and stroke.
(d) The council shall collaborate with the Governor's EMS
and Trauma Advisory Council, the American Stroke Association, and
other stroke experts to make recommendations to the department for
rules on the recognition and rapid transportation of stroke
patients to health care facilities capable of treating strokes 24
hours a day and recording stroke patient outcomes.
SECTION 7. Section 93.006(a), Health and Safety Code, is
repealed.
SECTION 8. The changes in law made by Section 93.002, Health
and Safety Code, as amended by this Act, do not affect the
entitlement of a member of the Council on Cardiovascular Disease
and Stroke serving on the council immediately before the effective
date of this Act to continue to carry out the council's functions
for the remainder of the member's term.
SECTION 9. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2344 was passed by the House on May 9,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 2344 on May 27, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2344 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor