HBA-NMO H.B. 2562 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2562
By: Hodge
Public Health
3/23/99
Introduced



BACKGROUND AND PURPOSE 

In 1994, Dallas County created the Greater Dallas Injury Prevention Center
(GDIPC) to reduce the incidence and severity of injuries in Dallas County
through education, public information, data collection, community advocacy,
and research.  Regional injury prevention centers modeled on GDIPC may
reduce the incidence and severity of injury in this state.   

H.B. 2562 requires the Texas Department of Health to designate seven
regional centers (centers) for injury prevention in the following areas:
Dallas; Harris and Galveston counties; Bexar County; Lubbock; El Paso;
Corpus Christi; and Austin and Travis County.  This bill also requires the
centers to address certain issues and sets forth the funding structure for
the centers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health and the
Texas Board of Health in SECTION 1 (Sections 779.002 and 779.009, Health
and Safety Code, respectively) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 9, Health and Safety Code, by adding
Chapter 779, as follows: 

CHAPTER 779.  REGIONAL INJURY PREVENTION CENTERS

Sec. 779.001.  DEFINITIONS.  Defines "board" as the Texas Board of Health,
and "department" as the Texas Department of Health. 

Sec. 779.002.  REGIONAL INJURY PREVENTION CENTERS.  (a) Requires the
department to designate seven regional centers for injury prevention in the
following areas: Dallas; Harris and Galveston counties; Bexar County;
Lubbock; El Paso; Corpus Christi; and Austin and Travis County. 

(b) Requires the regional injury prevention centers (centers) to coordinate
injury prevention control activities within the public health regions for
the state designated by the department, by rule.  Authorizes the
department, by rule, to adopt rules permitting centers to provide services
for regions served by other injury prevention centers in this state as
necessary to maximize the efficient use of resources and provide
appropriate services in each region. 

(c) Requires each center to affiliate with a level one, two, or three
trauma center as defined by the American College of Surgeons. 

Sec. 779.003.  COMMUNITY PROGRAMS AND ASSISTANCE.  Requires a center to
work with communities and neighborhoods to help establish their injury
prevention priorities, help communities define and implement interventions,
develop links between electronic databases to provide data to community
entities, provide leadership by bringing community entities together to
address injury issues, and undertake a continuing  epidemiologic evaluation
of the effectiveness of community based interventions in reducing the
number and extent of injuries and in reducing costs. 

Sec. 779.004.  RESOURCE CENTER.  Requires the department to designate one
of the centers as the statewide resource center to provide the other
centers with certain assistance. Provides that the department's designation
of a center as the statewide resource center is for a five-year period. 

Sec. 779.005.  RESEARCH PROGRAMS.  Authorizes a center to conduct a
research program to improve treatments for trauma victims and to reduce the
severity of injuries from trauma.  Authorizes a center to accept gifts or
grants from public or private sources to be used for research. 

Sec. 779.006.  PROVIDING INFORMATION AT BIRTH.  Requires the department to
assist the centers in providing informational packets on injury prevention
to parents shortly after a birth. 

Sec. 779.007.  STATE LIABILITY.  Provides that a center is considered a
state agency only for the purposes of Chapter 104 (State Liability for
Conduct of Public Servants), Civil Practice and Remedies Code.  Provides
that an employee or former employee of a center is considered a state
employee or a former state employee only for the purposes of Chapter 104. 

Sec. 779.008.  COORDINATING COMMITTEE.  Requires the Coordinating Committee
on Injury Prevention (committee) to advise the board and the Advisory
Commission on State Emergency Communications.  Requires the committee to
make recommendations to the board regarding which entity shall operate each
center.  Sets forth the appointment and composition of the committee.
Provides that Chapter 2110 (State Agency Advisory Committees), Government
Code, does not apply to the size, composition, or duration of the
committee. 

Sec. 779.009.  FUNDING; GIFTS AND GRANTS.  (a) Requires the sponsoring
entity of each center to contribute 40 percent of the center's budget.
Requires the state to provide 60 percent of each center's budget.  Provides
that it is the intent of the legislature that to the extent possible, the
money provided by the state shall come from tobacco litigation money the
state receives under the Comprehensive Settlement Agreement and Release
filed in the case of The State of Texas v. The American Tobacco Co., et
al., No. 5-96CV-91, in the United States District Court, Eastern District
of Texas.   

(b) Requires the state to provide all funding for statewide activities of
the resource center.  
(c) Requires the department to establish a program to award grants to fund
the centers.   

(d) Requires the board to adopt rules to establish criteria for awarding
the grants. Provides that the rules must require the department to make
certain considerations.   

(e) Authorizes the department to approve grants according to adopted rules.
Provides that a grant awarded under this section is governed by Chapter 783
(Uniform Grant and Contract Management), Government Code and the rules
adopted under that chapter.   

(f) Authorizes the department to accept gifts or grants from any source for
purposes related to this chapter. 

SECTION 2.Emergency clause.
  Effective date: upon passage.