HBA-DMD H.B. 1033 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1033
By: Bosse
Public Health
7/30/1999
Enrolled



BACKGROUND AND PURPOSE 

The Texas Cancer Council (council), was created in 1985 by the 69th
Legislature to be the state's leader in coordinating partnerships between
cancer prevention, detection, and treatment agencies and organizations.
The council is responsible for developing, implementing, and promoting the
Texas Cancer Plan, which is a comprehensive, statewide strategy for
addressing the challenge of cancer control and also grants funds to public
or private entities that conduct cancer control efforts.  Council rules
give the executive director of the council (executive director) the
authority to hire and supervise council staff.  Additionally, the council
has been required to report to the legislature no later than January 31 of
each odd-numbered year, however, since 1993 the council has submitted a
cover letter, the strategic plan, and the most current agency brochures in
the place of a traditional biennial report. The council is subject to the
Sunset Act (Chapter 325, Government Code) and will be abolished on
September 1, 1999, unless continued by the legislature.    

H.B. 1033 continues the council for 12 years and restructures its
composition  by removing from the council two members of the legislature
and a representative from the Department of Human Services, and suggests
inclusion of cancer survivors or members of their families on the council.
The bill reduces the number of voting members from 16 to 15 by establishing
that the representative from the Department of Health serves in a
non-voting, advisory position.  The bill establishes qualifications for
members of the council and prohibits a member or member's spouse from
belonging to an organization or entity that receives money from the council
and also prohibits a member of the council from acting in a capacity that
requires registration as a lobbyist.   

The bill establishes standards of conduct, a training program, a system for
the council to maintain and investigate complaints, and an equal employment
opportunity program. The bill also  requires the council to work to
implement the Texas Cancer Plan and deletes the requirement for the council
to submit a report to the legislature no later than January 31 of each
odd-numbered year.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 102.002, 102.003, 102.004, and 102.0041, Health
and Safety Code, as follows: 

Sec. 102.002.  TEXAS CANCER COUNCIL.  Requires the Texas Cancer Council
(council) to work to implement the Texas Cancer Plan. 

Sec. 102.003.  SUNSET PROVISION.  Sets forth that the council is continued
until September 1, 2011, rather than 1999, under the Texas Sunset Act,
Chapter 325, Government Code. 

Sec. 102.004.  COMPOSITION OF COUNCIL.  Deletes as council members one
member of the house of representatives appointed by the speaker of the
house of representatives, one member of the senate appointed by the
lieutenant governor, and the chairman of the Texas  Board of Human Services
or a representative appointed by the chairman.  Establishes that the
chairman of the Texas Board of Health or a representative appointed by the
chairman, serves as an ex officio nonvoting member.  Establishes that the
governor, lieutenant governor, and the speaker of the house each appoint a
representative of a "licensed health care facility," rather than a "public
or private hospital," to the council.  Creates three new council members to
be appointed by the governor, lieutenant governor, and speaker of the
house, respectively, each of whom must be a licensed health care
professional active in the treatment or control of cancer, other than a
physician.  Sets forth that the governor, lieutenant governor, and the
speaker of the house should attempt to include cancer survivors and family
members of cancer patients when making appointments to the council.
Redesignates existing Subdivision (4) to (1) and Subdivisions (5)-(16) to
(2)-(13).  Creates Subsection (b) from new text.  Makes conforming changes. 

Sec. 102.0041.  New Title:  QUALIFICATIONS OF COUNCIL MEMBERS AND
EMPLOYEES.  (a) Defines "Texas trade association" as a cooperative and
voluntarily joined association of business or professional competitors in
this state designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in promoting
their common interest.  Provides that the term does not include a voluntary
health organization.  

(b) Prohibits a person from being a public member of the council if the
person or the person's spouse is employed by or participates in the
management of a business entity or other organization receiving money from
the council.  Makes conforming and nonsubstantive changes. 

(c) Prohibits a person from being a council member and from being a council
employee who is employed in a "bona fide executive, administrative, or
professional capacity" as that phrase is used for the purposes of
establishing an exemption to the overtime provisions of the federal Fair
Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its
subsequent amendments, if the person or the person's spouse is an officer,
employee, or paid consultant of a Texas trade association in the field of
cancer control.  
(d) Prohibits a person from being a council member or acting as a general
counsel to the council or the council's staff if the person is required to
register as a lobbyist under Chapter 305 (Registration of Lobbyists),
Government Code, because of the person's actions related to the operation
of the council.   

(e) Redesignated from existing Subsection (c).

(f) Provides that failing to have and maintain the qualifications required
by Section 102.004, rather than this section, constitutes grounds for
removal from the council. Provides a ground for removal from the council if
the member is ineligible for membership under Subsections (b)-(d) and if
the member is absent from more than half of the regularly scheduled
meetings during a calendar year without an excuse approved by the council,
rather than being absent from more than two consecutive meetings.  Makes
conforming and nonsubstantive changes. 

(g) Provides that 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 council member
exists. 

(h) Requires the executive director of the council (executive director),
rather than the presiding officer of the council, to notify the presiding
officer, rather than the executive director, of the council when a
potential ground for removal exists.  Requires the presiding officer to
notify the appointing authority and the attorney general that a potential
ground for removal exists.  Requires the executive director, if the
potential removal involves the presiding officer, to notify the next
highest ranking officer of the council who is required to notify the
appointing authority and the attorney general that a potential ground for
removal exists.  Makes conforming changes. 

 SECTION 2.  Amends Section 102.005(a), Health and Safety Code, to
establish that the terms of five, rather than four, council members serving
staggered six-year terms, expire February 1 of each even-numbered year,
with the exception of the ex officio member of the council, rather than a
member of the legislature or a representative of a state agency.  Makes a
conforming change. 

SECTION 3.  Amends Sections 102.006 and 102.008, Health and Safety Code, as
follows: 

Sec. 102.006.  OFFICERS.  Requires the governor to designate, rather than
appoint, a member of the council, other than the ex officio member, as the
presiding officer of the council, rather than chairman, to serve in that
capacity at the pleasure of the governor.   

Sec. 102.008.  MEETINGS.  Requires the council to meet at the call of the
presiding officer, rather than the chairman. Requires the council to
develop and implement policies that provide the public with a reasonable
opportunity to appear before the council and to speak on any issue under
the jurisdiction of the council.   

SECTION 4.  Amends Sections 102.009(a) and (b), Health and Safety Code, to
delete the requirement of the council to report to the legislature no later
than January 31 of each odd-numbered year and to delete the authorization
of the council to employ a secretary. Makes conforming changes. 

SECTION 5.  Amends Chapter 102, Health and Safety Code, by adding Sections
102.011 and 102.013-102.016, as follows: 

Sec. 102.011.  STANDARDS OF CONDUCT.  Requires the executive director or
the executive director's designee to provide to members of the council and
to council employees, information regarding the requirements for office or
employment under this chapter, including information regarding a person's
responsibilities under applicable laws relating to standards of conduct for
state officers or employees. 

Sec. 102.013.  TRAINING. (a) Prohibits a person who is appointed to and
qualifies for office as a council member from voting, deliberating, or
being counted as a member in attendance at a meeting of the council until
the person completes a training program that complies with this section. 

(b) Provides that the training program must provide the person with
information regarding: 

(1) the legislation that created the council;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council with an emphasis on the rules that relate to
disciplinary and investigatory authority; 
(5) the current budget for the council;
(6) the results of the most recent formal audit of the council;
(7) the requirements of the open meetings law, Chapter 551, Government
Code; the public information law, Chapter 552, Government Code; the
administrative procedure law, Chapter 2001, Government Code; and other law
relating to public officials, including conflict-of-interest laws; and 
(8) any applicable ethics policies adopted by the council or the Texas
Ethics Commission. 

(c) Entitles a person who is appointed to the council to reimbursement, as
provided by the General Appropriations Act, for travel expenses incurred in
attending the training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office. 

Sec. 102.014.  SEPARATION OF RESPONSIBILITIES.  Requires the council to
develop and implement policies that clearly separate the policymaking
responsibilities of the council and the management responsibilities of the
executive director and the staff of the council. 
 
Sec. 102.015.  COMPLAINTS.  (a) Requires the council to maintain a file on
each written complaint that is filed with the council that must include the
name of the person who filed the complaint, the date the council receives
the complaint, the subject matter of the complaint, the name of each person
contacted in relation to the complaint, a summary of the results of the
review or investigation of the complaint, and an explanation of the reason
the file was closed if the council closed the file without taking action
other than to investigate the complaint. 

(b) Requires the council to provide to the person who filed the complaint
and to each person who is a subject of the complaint a copy of the
council's policies and procedures that relate to complaint investigation
and resolution. 

(c) Requires the council to notify the person filing the complaint and each
person who is a subject of the complaint, at least quarterly until final
disposition of the complaint, concerning the status of the investigation
unless the notice would jeopardize an undercover investigation. 

Sec. 102.016.  EQUAL EMPLOYMENT OPPORTUNITY.  Requires the executive
director or the executive director's designee to prepare and maintain a
written policy statement implementing a program of equal employment
opportunity  Sets forth standard Sunset language.  Provides that the policy
statement must be updated annually, be reviewed by the state Commission on
Human Rights for compliance with Subsection (b), and be filed with the
governor's office. 

SECTION 6.  (a) Sets forth that on the effective date of this Act, certain
membership positions of the Texas Cancer Council are abolished and the
following persons cease to be members:  the member of the house of
representatives appointed by the speaker, the member of the senate
appointed by the lieutenant governor, and the chairman of the Texas Board
of Human Services or representative appointed by the chairman.   

(b) Sets forth that as soon as possible on or after the effective date of
this Act the governor is required to appoint a licensed health care
professional active in the treatment or control of cancer, other than a
physician, to the Texas Cancer Council for a term expiring February 1,
2000.  Sets forth that as soon as possible on or after the effective date
of this Act the speaker of the house is required to appoint a licensed
health care professional active in the treatment or control of cancer,
other than a physician, to the Texas Cancer Council for a term expiring
February 1, 2002.  Sets forth that as soon as possible on or after the
effective date of this Act the lieutenant governor is required to appoint a
licensed health care professional active in the treatment or control of
cancer, other than a physician, to the Texas Cancer Council for a term
expiring February 1, 2004.  

(c) Makes application of this Act prospective to a member appointed on or
after the effect date, except as provided by Subsection (a) of this
section.  

SECTION 6.Effective date: September 1, 1999.

SECTION 7.Emergency clause.