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  H.B. No. 1093
 
 
 
 
AN ACT
  relating to oversight of regional poison control centers and the
  poison control network.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 771.031(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The following individuals serve as nonvoting ex officio
  members:
               (1)  the executive director of the Public Utility
  Commission of Texas, or an individual designated by the executive
  director;
               (2)  the executive director of the Department of
  Information Resources, or an individual designated by the executive
  director; and
               (3)  the executive commissioner of the Health and Human
  Services Commission [public health], or an individual [who has
  responsibility for the poison control network] designated by the
  executive commissioner.
         SECTION 2.  Section 771.051(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The commission is the state's authority on emergency
  communications. The commission shall:
               (1)  administer the implementation of statewide 9-1-1
  service and the [telecommunications requirements for] poison
  control network, including poison control centers under Chapter
  777;
               (2)  develop minimum performance standards for
  equipment and operation of 9-1-1 service to be followed in
  developing regional plans under Section 771.055, including
  requirements that the plans provide for:
                     (A)  automatic number identification by which the
  telephone number of the caller is automatically identified at the
  public safety answering point receiving the call; and
                     (B)  other features the commission considers
  appropriate;
               (3)  examine and approve or disapprove regional plans
  as provided by Section 771.056;
               (4)  recommend minimum training standards, assist in
  training, and provide assistance in the establishment and operation
  of 9-1-1 service;
               (5)  allocate money to prepare and operate regional
  plans as provided by Section 771.056;
               (6)  develop and provide public education materials and
  training;
               (7)  plan, implement, operate, and maintain poison
  control center databases and assist in planning, supporting, and
  facilitating 9-1-1 databases, as needed;
               (8)  provide grants or contracts for services that
  enhance the effectiveness of 9-1-1 service;
               (9)  coordinate emergency communications services and
  providers;
               (10)  make reasonable efforts to gain voluntary
  cooperation in the commission's activities of emergency
  communications authorities and providers outside the commission's
  jurisdiction, including:
                     (A)  making joint communications to state and
  federal regulators; and
                     (B)  arranging cooperative purchases of equipment
  or services; and
               (11)  accept, receive, and deposit in its account in
  the general revenue fund gifts, grants, and royalties from public
  and private entities. Gifts, grants, and royalties may be used for
  the purposes of the commission.
         SECTION 3.  Section 771.072(e), Health and Safety Code, is
  amended to read as follows:
         (e)  From the revenue received from the surcharge imposed by
  this section, the amount derived from the application of the
  surcharge at a rate of not more than .8 percent shall be
  periodically allocated [to the Texas Department of Health] to fund
  grants awarded under Section 777.009 and other activities related
  to the poison control centers as required by Chapter 777.
         SECTION 4.  Section 777.001, Health and Safety Code, is
  amended to read as follows:
         Sec. 777.001.  REGIONAL POISON CONTROL CENTERS.  (a)  Six
  regional centers for poison control are designated as the regional
  poison control centers for the state as follows:
               (1)  The University of Texas Medical Branch at
  Galveston;
               (2)  the Dallas County Hospital District/North Texas
  Poison Center;
               (3)  The University of Texas Health Science Center at
  San Antonio;
               (4)  the University Medical Center of [R. E. Thomason
  General Hospital,] El Paso, El Paso County Hospital District;
               (5)  the [Northwest] Texas Tech University Health
  Sciences Center at [Hospital,] Amarillo [Hospital District]; and
               (6)  Scott and White Memorial Hospital, Temple, Texas.
         (b)  The poison control centers shall coordinate poison
  control activities within the designated health and human services
  regions for the state. The [Texas Department of Health and the
  Advisory] Commission on State Emergency Communications shall
  [jointly] adopt rules designating the region for each poison
  control center. The [Texas Department of Health and the Advisory]
  Commission on State Emergency Communications may [jointly] adopt
  rules permitting poison control centers to provide services for
  regions served by other poison control centers in this state as
  necessary to maximize efficient use of resources and provide
  appropriate services in each region.
         (c)  The Commission on State Emergency Communications [Texas
  Board of Health] may vote to designate a seventh regional or
  satellite poison control center in Harris County. That poison
  control center is subject to all provisions of this chapter and
  other law relating to regional poison control centers.
         SECTION 5.  Section 777.006, Health and Safety Code, is
  amended to read as follows:
         Sec. 777.006.  INFORMATION AT BIRTH. The Commission on
  State Emergency Communications [Texas Department of Health] shall
  assist the regional poison control centers in providing
  informational packets on poison prevention to parents of newborns.
         SECTION 6.  Sections 777.008 and 777.009, Health and Safety
  Code, are amended to read as follows:
         Sec. 777.008.  COORDINATING COMMITTEE.  (a)  The
  coordinating committee on poison control shall coordinate the
  activities of the regional poison control centers designated under
  Section 777.001(a) and advise the [Texas Board of Health and the
  Advisory] Commission on State Emergency Communications.
         (b)  The committee is composed of:
               (1)  one public member appointed by the [Texas Board of
  Health, one public member appointed by the Advisory] Commission on
  State Emergency Communications;
               (2)  six [, and 13] members who represent the six
  regional poison control centers, one appointed by the chief
  executive officer of each center [each of the following entities:
               [(1)     The University of Texas Medical Branch at
  Galveston];
               [(2)     the Dallas County Hospital District/North Texas
  Poison Center;]
               (3)  one member appointed by [The University of Texas
  Health Science Center at San Antonio;
               [(4)     R. E. Thomason General Hospital, El Paso County
  Hospital District;
               [(5)     Northwest Texas Hospital, Amarillo Hospital
  District;
               [(6)  Scott and White Memorial Hospital, Temple, Texas;
               [(7)     The University of Texas Southwestern Medical
  Center at Dallas;
               [(8)  The Texas A&M University Health Science Center;
               [(9)  the Texas Tech University Health Sciences Center;
               [(10)     the Texas Veterinary Medical Diagnostic
  Laboratory;
               [(11)  the Department of Agriculture;
               [(12)]   the commissioner of the [Texas] Department of
  State Health Services; and
               (4)  one member who is a health care professional
  designated as the poison control program coordinator appointed by
  [(13)]   the [Advisory] Commission on State Emergency
  Communications.
         Sec. 777.009.  FUNDING. (a) The [Texas Department of Health
  and the Advisory] Commission on State Emergency Communications
  shall establish a program to award grants to fund the regional
  poison control centers.
         (b)  The [Texas Board of Health and the Advisory] Commission
  on State Emergency Communications shall [jointly] adopt rules to
  establish criteria for awarding the grants. The rules must require
  the agency [agencies] to consider:
               (1)  the need of the region based on population served
  for poison control services and the extent to which the grant would
  meet the identified need;
               (2)  the assurance of providing quality services;
               (3)  the availability of other funding sources;
               (4)  achieving or maintaining certification as a poison
  control center with the American Association of Poison Control
  Centers;
               (5)  maintenance of effort; and
               (6)  the development or existence of
  telecommunications systems.
         (c)  The [Texas Department of Health and the Advisory]
  Commission on State Emergency Communications may approve grants
  according to commission [their jointly adopted] rules. A grant
  awarded under this section is governed by Chapter 783, Government
  Code, and the rules adopted under that chapter.
         (d)  The [Texas Department of Health and the Advisory]
  Commission on State Emergency Communications may accept gifts or
  grants from any source for purposes of this chapter.
         SECTION 7.  Sections 777.010(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  On approval by and in coordination with the governor,
  the [Texas Department of Health and the Advisory] Commission on
  State Emergency Communications may [jointly] enter into a contract
  for the provision of telephone referral and information services or
  any program or service described by Section 777.003 to any person,
  including:
               (1)  another state or a political subdivision of
  another state; and
               (2)  another country or a political subdivision of
  another country.
         (b)  The [Texas Department of Health and the Advisory]
  Commission on State Emergency Communications shall contract with
  one or more regional poison control centers to provide the services
  required under a contract entered into under Subsection (a). The
  [department and the] commission may not enter into a contract under
  this subsection if, in the opinion of the [department and the]
  commission, the regional poison control center's performance of the
  contract would result in a diminishment in the services provided in
  the region.
         SECTION 8.  Section 777.011, Health and Safety Code, is
  amended to read as follows:
         Sec. 777.011.  REGIONAL POISON CONTROL SERVICES ACCOUNT.
  The regional poison control services account is an account in the
  general revenue fund. The account is composed of money deposited to
  the account under Section 777.010(c). Money in the account may be
  appropriated only to the [Texas Department of Health and the
  Advisory] Commission on State Emergency Communications:
               (1)  for administration of and payment for contracts
  entered into under Section 777.010(b); and
               (2)  to fund grants awarded under Section 777.009.
         SECTION 9.  Chapter 777, Health and Safety Code, is amended
  by adding Section 777.013 to read as follows:
         Sec. 777.013.  COOPERATION AND COORDINATION WITH THE
  DEPARTMENT OF STATE HEALTH SERVICES. (a) The Department of State
  Health Services, on request of the Commission on State Emergency
  Communications, shall provide epidemiological support to the
  regional poison control centers under this chapter to:
               (1)  maximize the use of data collected by the poison
  control network;
               (2)  assist the regional poison control centers with
  quality control and quality assurance;
               (3)  assist with research; and
               (4)  coordinate poison control activities with other
  public health activities.
         (b)  Each regional poison control center shall provide the
  Department of State Health Services with access to all data and
  information collected by the regional poison control center for
  public health activities and epidemiological and toxicological
  investigations.
         (c)  The Commission on State Emergency Communications and
  the Department of State Health Services shall enter into a
  memorandum of understanding that delineates the responsibilities
  of each agency under this section and amend the memorandum of
  understanding as necessary to reflect the changes in those
  responsibilities.
         SECTION 10.  (a)  Not later than January 1, 2010, the
  Department of State Health Services and the Commission on State
  Emergency Communications shall enter into a memorandum of
  understanding that:
               (1)  identifies in detail the applicable powers and
  duties that are being transferred by this Act; and
               (2)  establishes a plan for the identification and
  transfer of the records, property, and unspent appropriations of
  the Department of State Health Services that are used for purposes
  of the Department of State Health Services' powers and duties
  relating to regional poison control centers under Chapter 777,
  Health and Safety Code, and other law.
         (b)  Not later than February 1, 2010, the Department of State
  Health Services and the Commission on State Emergency
  Communications shall enter into the memorandum of understanding
  required by Section 777.013, Health and Safety Code, as added by
  this Act.
         SECTION 11.  (a) On May 1, 2010:
               (1)  all functions and activities performed by the
  Department of State Health Services jointly with the Commission on
  State Emergency Communications immediately before that date are
  transferred to the Commission on State Emergency Communications;
               (2)  a rule, form, policy, procedure, or decision
  jointly adopted under Chapter 777, Health and Safety Code, as it
  existed before amendment by this Act, continues in effect as a rule,
  form, policy, procedure, or decision of the Commission on State
  Emergency Communications and remains in effect until amended or
  replaced by the Commission on State Emergency Communications;
               (3)  a reference in law or an administrative rule to the
  Department of State Health Services or its predecessor relating to
  regional poison control centers is a reference to the Commission on
  State Emergency Communications;
               (4)  all money, contracts, leases, rights, property,
  records, and bonds and other obligations of the Department of State
  Health Services or its predecessor relating to regional poison
  control centers are transferred to the Commission on State
  Emergency Communications;
               (5)  a court case, administrative proceeding, contract
  negotiation, or other proceeding relating to regional poison
  control centers involving the Department of State Health Services
  or its predecessor is transferred without change in status to the
  Commission on State Emergency Communications, and the Commission on
  State Emergency Communications assumes, without a change in status,
  the position of the Department of State Health Services in a
  negotiation or proceeding relating to an activity transferred by
  this Act to the Commission on State Emergency Communications to
  which the Department of State Health Services is a party; and
               (6)  the unexpended and unobligated balance of any
  money appropriated by the legislature for the Department of State
  Health Services relating to regional poison control centers is
  transferred to the Commission on State Emergency Communications.
         (b)  Before May 1, 2010, the Department of State Health
  Services may agree with the Commission on State Emergency
  Communications to transfer any property of the Department of State
  Health Services to the Commission on State Emergency Communications
  to implement the transfer required by this section.
         (c)  During the period beginning on September 1, 2009, and
  ending on April 30, 2010:
               (1)  the Department of State Health Services shall
  continue to perform functions and activities relating to regional
  poison control centers under the Health and Safety Code or other law
  as if the law had not been amended or repealed, as applicable, and
  the former law is continued in effect for that purpose; and
               (2)  a person who is authorized or required by law to
  take an action relating to the Department of State Health Services
  or a member of the Department of State Health Services relating to
  regional poison control centers shall continue to take that action
  under the law as if the law had not been amended or repealed, as
  applicable, and the former law is continued in effect for that
  purpose.
         SECTION 12.  The term of a member serving on the coordinating
  committee on poison control immediately preceding the effective
  date of this Act expires on that date.  The member may be
  reappointed to the committee.
         SECTION 13.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1093 was passed by the House on April
  28, 2009, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1093 was passed by the Senate on May
  21, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor