Bill Text: TX SB1579 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to state fiscal matters related to general government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-13 - Reported favorably as substituted [SB1579 Detail]
Download: Texas-2011-SB1579-Comm_Sub.html
Bill Title: Relating to state fiscal matters related to general government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-13 - Reported favorably as substituted [SB1579 Detail]
Download: Texas-2011-SB1579-Comm_Sub.html
By: Ogden | S.B. No. 1579 | |
(In the Senate - Filed March 11, 2011; March 23, 2011, read | ||
first time and referred to Committee on Finance; April 26, 2011, | ||
reported adversely, with favorable Committee Substitute by the | ||
following vote: Yeas 11, Nays 2; April 26, 2011, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1579 | By: Ogden |
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relating to state fiscal matters related to general government. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES | ||
GENERALLY | ||
SECTION 1.01. This article applies to any state agency that | ||
receives an appropriation under Article I of the General | ||
Appropriations Act. | ||
SECTION 1.02. Notwithstanding any other statute of this | ||
state, each state agency to which this article applies is | ||
authorized to reduce or recover expenditures by: | ||
(1) consolidating any reports or publications the | ||
agency is required to make and filing or delivering any of those | ||
reports or publications exclusively by electronic means; | ||
(2) extending the effective period of any license, | ||
permit, or registration the agency grants or administers; | ||
(3) entering into a contract with another governmental | ||
entity or with a private vendor to carry out any of the agency's | ||
duties; | ||
(4) adopting additional eligibility requirements for | ||
persons who receive benefits under any law the agency administers | ||
to ensure that those benefits are received by the most deserving | ||
persons consistent with the purposes for which the benefits are | ||
provided; | ||
(5) providing that any communication between the | ||
agency and another person and any document required to be delivered | ||
to or by the agency, including any application, notice, billing | ||
statement, receipt, or certificate, may be made or delivered by | ||
e-mail or through the Internet; and | ||
(6) adopting and collecting fees or charges to cover | ||
any costs the agency incurs in performing its lawful functions. | ||
ARTICLE 2. FISCAL MATTERS REGARDING LEASING CERTAIN STATE | ||
FACILITIES | ||
SECTION 2.01. The heading to Section 2165.2035, Government | ||
Code, is amended to read as follows: | ||
Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS | ||
AND GARAGES; USE AFTER HOURS. | ||
SECTION 2.02. Subchapter E, Chapter 2165, Government Code, | ||
is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to | ||
read as follows: | ||
Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS | ||
AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission | ||
may lease to a private individual an individual parking space in a | ||
state-owned parking lot or garage located in the city of Austin that | ||
the commission determines is not needed to accommodate the regular | ||
parking requirements of state employees who work near the lot or | ||
garage and visitors to nearby state government offices. | ||
(b) Money received from a lease under this section shall be | ||
deposited to the credit of the general revenue fund. | ||
Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS | ||
AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission | ||
may lease to an institution of higher education or a local | ||
government all or a significant block of a state-owned parking lot | ||
or garage located in the city of Austin that the commission | ||
determines is not needed to accommodate the regular parking | ||
requirements of state employees who work near the lot or garage and | ||
visitors to nearby state government offices. | ||
(b) Money received from a lease under this section shall be | ||
deposited to the credit of the general revenue fund. | ||
Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before | ||
October 1 of each even-numbered year, the commission shall submit a | ||
report to the Legislative Budget Board describing the effectiveness | ||
of parking programs developed by the commission under this | ||
subchapter. The report must, at a minimum, include: | ||
(1) the yearly revenue generated by the programs; | ||
(2) the yearly administrative and enforcement costs of | ||
each program; | ||
(3) yearly usage statistics for each program; and | ||
(4) initiatives and suggestions by the commission to: | ||
(A) modify administration of the programs; and | ||
(B) increase revenue generated by the programs. | ||
SECTION 2.03. This article takes effect immediately if this | ||
Act 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 article takes effect September 1, 2011. | ||
ARTICLE 3. FISCAL MATTERS RELATING TO SECRETARY OF STATE | ||
SECTION 3.01. Section 405.014, Government Code, is amended | ||
to read as follows: | ||
Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each | ||
session of the legislature the secretary of state shall obtain the | ||
bills that have become law. Immediately after the closing of each | ||
session of the legislature, the secretary of state shall bind all | ||
enrolled bills and resolutions in volumes on which the date of the | ||
session is placed. | ||
(b) As soon as practicable after the closing of each session | ||
of the legislature, the secretary of state shall publish and | ||
maintain electronically the bills enacted at that session. The | ||
electronic publication must be: | ||
(1) indexed by bill number and assigned chapter number | ||
for each bill; and | ||
(2) made available by an electronic link on the | ||
secretary of state's generally accessible Internet website. | ||
SECTION 3.02. Subchapter B, Chapter 2158, Government Code, | ||
is repealed. | ||
SECTION 3.03. The change in law made by this article does | ||
not apply to a contract for the publication of the laws of this | ||
state entered into before the effective date of this article. | ||
SECTION 3.04. This article takes effect immediately if this | ||
Act 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 article takes effect September 1, 2011. | ||
ARTICLE 4. FISCAL MATTERS REGARDING ATTORNEY GENERAL | ||
SECTION 4.01. Section 402.006, Government Code, is amended | ||
by adding Subsection (e) to read as follows: | ||
(e) The attorney general may charge a reasonable fee for the | ||
electronic filing of a document. | ||
SECTION 4.02. The heading to Section 402.0212, Government | ||
Code, is amended to read as follows: | ||
Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE | ||
COUNSEL; FEES. | ||
SECTION 4.03. Section 402.0212, Government Code, is amended | ||
by amending Subsections (b) and (c) and adding Subsections (d), | ||
(e), and (f) to read as follows: | ||
(b) An invoice submitted to a state agency under a contract | ||
for legal services as described by Subsection (a) must be reviewed | ||
by the attorney general to determine whether the invoice is | ||
eligible for payment. | ||
(c) An attorney or law firm must pay an administrative fee | ||
to the attorney general for the review described in Subsection (b) | ||
when entering into a contract to provide legal services to a state | ||
agency. | ||
(d) For purposes of this section, the functions of a hearing | ||
examiner, administrative law judge, or other quasi-judicial | ||
officer are not considered legal services. | ||
(e) [ |
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Authority division of the Texas Department of Transportation. | ||
(f) The attorney general may adopt rules as necessary to | ||
implement and administer this section. | ||
SECTION 4.04. Section 371.051, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll | ||
project entity may not enter into a comprehensive development | ||
agreement unless the attorney general reviews the proposed | ||
agreement and determines that it is legally sufficient. | ||
(b) The attorney general may charge a toll project entity a | ||
reasonable fee for the review described in Subsection (a). | ||
(c) If the toll project entity submits multiple proposed | ||
comprehensive development agreements relating to the same toll | ||
project for review, the entity shall pay the fee under Subsection | ||
(b) for each proposed comprehensive development agreement. | ||
(d) The toll project entity may collect or seek | ||
reimbursement of the fee under Subsection (b) from the private | ||
participant under the proposed comprehensive development | ||
agreement. | ||
(e) The attorney general may adopt rules necessary to | ||
implement and administer this section. | ||
SECTION 4.05. The fee prescribed by Section 402.006, | ||
Government Code, as amended by this article, applies only to a | ||
document electronically submitted to the office of the attorney | ||
general on or after the effective date of this article. | ||
SECTION 4.06. The fee prescribed by Section 402.0212, | ||
Government Code, as amended by this article, applies only to | ||
invoices for legal services submitted to the office of the attorney | ||
general for review on or after the effective date of this article. | ||
SECTION 4.07. The fee prescribed by Section 371.051, | ||
Transportation Code, as amended by this article, applies only to a | ||
comprehensive development agreement submitted to the office of the | ||
attorney general on or after the effective date of this article. | ||
SECTION 4.08. The changes in law made by this article apply | ||
only to a contract for legal services between a state agency and a | ||
private attorney or law firm entered into on or after the effective | ||
date of this article. A contract for legal services between a state | ||
agency and a private attorney or law firm entered into before the | ||
effective date of this article is governed by the law in effect at | ||
the time the contract was entered into, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4.09. This article takes effect immediately if this | ||
Act 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 article takes effect September 1, 2011. | ||
ARTICLE 5. TEXAS PRESERVATION TRUST FUND ACCOUNT | ||
SECTION 5.01. Subsections (a), (b), and (f), Section | ||
442.015, Government Code, are amended to read as follows: | ||
(a) Notwithstanding Section [ |
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the Texas preservation trust fund account is a separate account in | ||
the general revenue fund. The account consists of transfers made to | ||
the account, loan repayments, grants and donations made for the | ||
purposes of this program, proceeds of sales, income earned | ||
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under this section. Money in [ |
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be used only for the purposes of this section and [ |
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to pay operating expenses of the commission. Money allocated to the | ||
commission's historic preservation grant program shall be | ||
deposited to the credit of the account. Income earned [ |
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money in the account shall be deposited to the credit of the | ||
account. | ||
(b) The commission may use money in [ |
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Texas preservation trust fund account to provide financial | ||
assistance to public or private entities for the acquisition, | ||
survey, restoration, or preservation, or for planning and | ||
educational activities leading to the preservation, of historic | ||
property in the state that is listed in the National Register of | ||
Historic Places or designated as a State Archeological Landmark or | ||
Recorded Texas Historic Landmark, or that the commission determines | ||
is eligible for such listing or designation. The financial | ||
assistance may be in the amount and form and according to the terms | ||
that the commission by rule determines. The commission shall give | ||
priority to property the commission determines to be endangered by | ||
demolition, neglect, underuse, looting, vandalism, or other threat | ||
to the property. Gifts and grants deposited to the credit of the | ||
account specifically for any eligible projects may be used only for | ||
the type of projects specified. If such a specification is not | ||
made, the gift or grant shall be unencumbered and accrue to the | ||
benefit of the Texas preservation trust fund account. If such a | ||
specification is made, the entire amount of the gift or grant may be | ||
used during any period for the project or type of project specified. | ||
(f) The advisory board shall recommend to the commission | ||
rules for administering this section [ |
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SECTION 5.02. Subsections (h), (i), (j), (k), and (l), | ||
Section 442.015, Government Code, are repealed. | ||
SECTION 5.03. The comptroller of public accounts and the | ||
Texas Historical Commission shall enter into a memorandum of | ||
understanding to facilitate the conversion of assets of the Texas | ||
preservation trust fund account into cash for deposit into the | ||
state treasury using a method that provides for the lowest amount of | ||
revenue loss to the state. | ||
SECTION 5.04. This article takes effect November 1, 2011. | ||
ARTICLE 6. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY | ||
SECTION 6.01. Section 2054.380, Government Code, is amended | ||
to read as follows: | ||
Sec. 2054.380. FEES. (a) The department shall set and | ||
charge a fee to each state agency that receives a service from a | ||
statewide technology center in an amount sufficient to cover the | ||
direct and indirect cost of providing the service. | ||
(b) Revenue derived from the collection of fees imposed | ||
under Subsection (a) may be appropriated to the department for: | ||
(1) developing statewide information resources | ||
technology policies and planning under this chapter and Chapter | ||
2059; and | ||
(2) providing shared information resources technology | ||
services under this chapter. | ||
SECTION 6.02. Subsection (d), Section 2157.068, Government | ||
Code, is amended to read as follows: | ||
(d) The department may charge a reasonable administrative | ||
fee to a state agency, political subdivision of this state, or | ||
governmental entity of another state that purchases commodity items | ||
through the department in an amount that is sufficient to recover | ||
costs associated with the administration of this section. Revenue | ||
derived from the collection of fees imposed under this subsection | ||
may be appropriated to the department for: | ||
(1) developing statewide information resources | ||
technology policies and planning under Chapters 2054 and 2059; and | ||
(2) providing shared information resources technology | ||
services under Chapter 2054. | ||
SECTION 6.03. Subsections (a) and (d), Section 2170.057, | ||
Government Code, are amended to read as follows: | ||
(a) The department shall develop a system of billings and | ||
charges for services provided in operating and administering the | ||
consolidated telecommunications system that allocates the total | ||
state cost to each entity served by the system based on | ||
proportionate usage. The department shall set and charge a fee to | ||
each entity that receives services provided under this chapter in | ||
an amount sufficient to cover the direct and indirect costs of | ||
providing the service. Revenue derived from the collection of fees | ||
imposed under this subsection may be appropriated to the department | ||
for: | ||
(1) developing statewide information resources | ||
technology policies and planning under Chapters 2054 and 2059; and | ||
(2) providing: | ||
(A) shared information resources technology | ||
services under Chapter 2054; and | ||
(B) network security services under Chapter | ||
2059. | ||
(d) The department shall maintain in the revolving fund | ||
account sufficient amounts to pay the bills of the consolidated | ||
telecommunications system and the centralized capitol complex | ||
telephone system. The department shall certify amounts that exceed | ||
this amount to the comptroller, and the comptroller shall transfer | ||
the excess amounts to the credit of the general revenue fund. The | ||
amounts transferred under this subsection may be appropriated to | ||
the department for the purposes described by Subsections (a)(1) and | ||
(2) [ |
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SECTION 6.04. This article takes effect immediately if this | ||
Act 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 article takes effect September 1, 2011. | ||
ARTICLE 7. HANDLING FEES IMPOSED BY COMPTROLLER FOR PROCESSING | ||
UNCLAIMED PROPERTY | ||
SECTION 7.01. Section 74.509, Property Code, is amended to | ||
read as follows: | ||
Sec. 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED | ||
PROPERTY. (a) The comptroller shall deduct from each approved | ||
claim a handling fee of 10 percent of the amount of the claim and | ||
retain the fee in the general revenue fund [ |
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(b) Subject to legislative appropriation, the comptroller | ||
may use the retained handling fees to pay the costs to process | ||
unclaimed property claims. | ||
ARTICLE 8. STATE BAR OF TEXAS MEMBERSHIP DUES FOR ATTORNEY EMPLOYED | ||
BY ATTORNEY GENERAL | ||
SECTION 8.01. Section 81.054, Government Code, is amended | ||
by adding Subsections (m) and (n) to read as follows: | ||
(m) A member is not required to pay a membership fee for a | ||
year in which the member is employed as a full-time attorney by the | ||
office of the attorney general. | ||
(n) The state bar shall adopt rules governing the proration | ||
of a membership fee paid by an attorney who is not employed by the | ||
office of the attorney general for an entire year. | ||
SECTION 8.02. Subsections (m) and (n), Section 81.054, | ||
Government Code, as added by this article, apply to a membership fee | ||
for membership or renewal of membership in the State Bar of Texas | ||
that becomes due on or after the effective date of this Act. A | ||
membership fee for membership or renewal of membership that becomes | ||
due before the effective date of this Act is governed by the law in | ||
effect on the date the membership fee becomes due, and the former | ||
law is continued in effect for that purpose. | ||
ARTICLE 9. REGISTRATION FEE AND REGISTRATION RENEWAL FEE FOR | ||
LOBBYISTS | ||
SECTION 9.01. Subsection (c), Section 305.005, Government | ||
Code, is amended to read as follows: | ||
(c) The registration fee and registration renewal fee are: | ||
(1) an amount prescribed by the General Appropriations | ||
Act of not more than $200 and not less than $100 for a registrant | ||
employed by an organization exempt from federal income tax under | ||
Section 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986; | ||
(2) an amount prescribed by the General Appropriations | ||
Act of not more than $100 and not less than $50 for any person | ||
required to register solely because the person is required to | ||
register under Section 305.0041 [ |
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(3) an amount prescribed by the General Appropriations | ||
Act of not more than $1,000 and not less than $500 for any other | ||
registrant. | ||
ARTICLE 10. ASSESSMENT OF FEE ON CERTAIN PUBLIC EMPLOYEES WHO USE | ||
TOBACCO | ||
SECTION 10.01. Subchapter G, Chapter 1551, Insurance Code, | ||
is amended by adding Section 1551.3075 to read as follows: | ||
Sec. 1551.3075. TOBACCO USER FEE. (a) The board of | ||
trustees shall assess each participant in a health benefit plan | ||
provided under the group benefits program who uses one or more | ||
tobacco products a tobacco user fee, to be paid in monthly | ||
installments. Except as provided by Subsection (b), the board of | ||
trustees shall determine the amount of the monthly installments of | ||
the fee. | ||
(b) If the General Appropriations Act for a state fiscal | ||
biennium sets the amount of the monthly installments of the tobacco | ||
user fee for that biennium, the board of trustees shall assess the | ||
fee during that biennium in the amount prescribed by the General | ||
Appropriations Act. | ||
SECTION 10.02. Section 1551.314, Insurance Code, is amended | ||
to read as follows: | ||
Sec. 1551.314. CERTAIN STATE CONTRIBUTIONS PROHIBITED. A | ||
state contribution may not be: | ||
(1) made for coverages under this chapter selected by | ||
an individual who receives a state contribution, other than as a | ||
spouse, dependent, or beneficiary, for coverages under a group | ||
benefits program provided by an institution of higher education, as | ||
defined by Section 61.003, Education Code; or | ||
(2) made for or used to pay a tobacco user fee assessed | ||
under Section 1551.3075. | ||
SECTION 10.03. The board of trustees of the Employees | ||
Retirement System of Texas shall implement the tobacco user fee | ||
required under Section 1551.3075, Insurance Code, as added by this | ||
article, not later than January 1, 2012. | ||
ARTICLE 11. CONSOLIDATION OF REGIONAL POISON CONTROL CENTERS INTO | ||
TEXAS POISON CONTROL CENTER | ||
SECTION 11.01. The heading to Chapter 777, Health and | ||
Safety Code, is amended to read as follows: | ||
CHAPTER 777. TEXAS [ |
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SECTION 11.02. Sections 777.001 through 777.008, Health and | ||
Safety Code, are amended to read as follows: | ||
Sec. 777.001. TEXAS [ |
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[ |
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(1) "Center" means the Texas Poison Control Center | ||
established under Subsection (b). | ||
(2) "Coordinating committee" means the coordinating | ||
committee on poison control established under Section 777.008. | ||
(b) The Texas Poison Control Center is established. The | ||
coordinating committee shall determine a geographical location in | ||
this state for the center and may designate one or more medical | ||
facilities in this state to be affiliated with the center. | ||
(c) [ |
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poison control activities in this [ |
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Communications may adopt rules permitting the center [ |
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throughout this state [ |
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Sec. 777.002. TELEPHONE SERVICES. (a) The [ |
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24-hour toll-free telephone referral and information service for | ||
the public and health care professionals according to the | ||
requirements of the American Association of Poison Control Centers. | ||
(b) Each public safety answering point, as that term is | ||
defined by Section 771.001, shall have direct telephone access to | ||
the [ |
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information services may be available directly from the center [ |
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available through all 9-1-1 services [ |
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"9-1-1 service" is defined by Section 771.001, throughout the | ||
state. The 9-1-1 service calls pertaining to poisonings may be | ||
routed to a poison control answering site, if possible, if the | ||
routing does not adversely affect the immediate availability of | ||
poisoning management services. | ||
(c) The [ |
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control activities in this state [ |
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meet the criteria established by the American Association of Poison | ||
Control Centers. The [ |
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may affiliate with other poison control centers or poison treatment | ||
facilities in other states, if necessary [ |
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center shall ensure that treatment facilities and services are | ||
available in this state [ |
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make available to the public and to appropriate health | ||
professionals information concerning analytical toxicology, | ||
emergency and critical care, and extracorporeal capabilities in | ||
this state [ |
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Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. (a) The | ||
[ |
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(1) community education programs on poison prevention | ||
methods to inform the public, such as presentations to persons | ||
attending a primary or secondary school, a parent-teacher | ||
association meeting, an employee safety meeting at an industrial | ||
company, or other interested groups; | ||
(2) information and education to health professionals | ||
involved in the management of poison and overdose victims, | ||
including information regarding appropriate therapeutic use of | ||
medications, their compatibility and stability, and adverse drug | ||
reactions and interactions; | ||
(3) professional and technical assistance to state | ||
agencies requesting toxicologic assistance; and | ||
(4) consultation services concerning medical | ||
toxicology, for which a fee may be charged in an amount set by the | ||
institution in which the center is located to cover the costs of the | ||
service. | ||
(b) The center shall develop an objective evaluation | ||
process for community education programs on poison prevention | ||
methods provided under Subsection (a)(1) and use the evaluation | ||
process to design and update as necessary a standardized program | ||
model for use throughout this state. | ||
Sec. 777.004. STAFF. (a) The [ |
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[ |
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pharmacists, nurses, other professionals, and support personnel | ||
trained in various aspects of toxicology and poison control and | ||
prevention. | ||
(b) The [ |
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resources, if possible, to accommodate persons who do not speak | ||
English. | ||
Sec. 777.005. RESEARCH PROGRAMS. (a) The [ |
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program to improve treatments for poisoning victims and to reduce | ||
the severity of injuries from poisonings. | ||
(b) The [ |
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contributions from public or private sources to be used for | ||
research. | ||
Sec. 777.006. INFORMATION AT BIRTH. The Commission on | ||
State Emergency Communications shall assist the center [ |
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poison prevention to parents of newborns. | ||
Sec. 777.007. STATE LIABILITY. The state shall indemnify | ||
the [ |
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Code. | ||
Sec. 777.008. COORDINATING COMMITTEE. (a) The | ||
coordinating committee on poison control shall coordinate the | ||
activities of the center [ |
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State Emergency Communications. | ||
(b) The committee is composed of: | ||
(1) one public member appointed by the Commission on | ||
State Emergency Communications; | ||
(2) six members who represent the center [ |
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officer of the [ |
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(3) one member appointed by the commissioner of the | ||
Department of State Health Services; and | ||
(4) one member who is a health care professional | ||
designated as the poison control program coordinator appointed by | ||
the Commission on State Emergency Communications. | ||
SECTION 11.03. Subsections (a) and (b), Section 777.009, | ||
Health and Safety Code, are amended to read as follows: | ||
(a) The Commission on State Emergency Communications shall | ||
establish a program to award grants to fund the center [ |
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(b) The Commission on State Emergency Communications shall | ||
adopt rules to establish criteria for awarding the grants. The | ||
rules must require the agency to consider: | ||
(1) the need [ |
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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. | ||
SECTION 11.04. The heading to Section 777.010, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 777.010. OUT-OF-STATE [ |
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SERVICES FOR PRIVATE ENTITIES. | ||
SECTION 11.05. Subsections (b) and (c), Section 777.010, | ||
Health and Safety Code, are amended to read as follows: | ||
(b) The Commission on State Emergency Communications shall | ||
contract with the center [ |
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into under Subsection (a). The commission may not enter into a | ||
contract under this subsection if, in the opinion of the | ||
commission, the [ |
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the contract would result in a diminishment in the services | ||
provided in this state [ |
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(c) A contract described by Subsection (a) must recover the | ||
cost of providing the services and may include a reasonable | ||
additional amount to support the center's [ |
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services in this state. Revenue from a contract described by | ||
Subsection (a) must be deposited to the credit of the [ |
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poison control services account. | ||
SECTION 11.06. Section 777.011, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 777.011. [ |
||
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 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 11.07. Subsections (b) and (c), Section 777.012, | ||
Health and Safety Code, are amended to read as follows: | ||
(b) A service provider shall furnish to the [ |
||
|
||
telephone number of the subscribers and the address associated with | ||
the number. | ||
(c) Information furnished to the [ |
||
under this section is confidential and is not available for public | ||
inspection. Information contained in an address database used to | ||
provide the number or location identification information under | ||
this section is confidential and is not available for public | ||
inspection. The service provider or a third party that maintains an | ||
address database is not liable to any person for the release of | ||
information furnished by the service provider or third party in | ||
providing number or location identification information under this | ||
section, unless the act or omission proximately causing the claim, | ||
damage, or loss constitutes gross negligence, recklessness, or | ||
intentional misconduct. | ||
SECTION 11.08. Subsections (a) and (b), Section 777.013, | ||
Health and Safety Code, are amended to read as follows: | ||
(a) The Department of State Health Services, on request of | ||
the Commission on State Emergency Communications, shall provide | ||
epidemiological support to the center [ |
||
|
||
(1) maximize the use of data collected by the center | ||
[ |
||
(2) assist the center [ |
||
|
||
(3) assist with research; and | ||
(4) coordinate poison control activities with other | ||
public health activities. | ||
(b) The [ |
||
the Department of State Health Services with access to all data and | ||
information collected by the [ |
||
public health activities and epidemiological and toxicological | ||
investigations. | ||
SECTION 11.09. Section 241.153, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A | ||
patient's health care information may be disclosed without the | ||
patient's authorization if the disclosure is: | ||
(1) directory information, unless the patient has | ||
instructed the hospital not to make the disclosure or the directory | ||
information is otherwise protected by state or federal law; | ||
(2) to a health care provider who is rendering health | ||
care to the patient when the request for the disclosure is made; | ||
(3) to a transporting emergency medical services | ||
provider for the purpose of: | ||
(A) treatment or payment, as those terms are | ||
defined by the regulations adopted under the Health Insurance | ||
Portability and Accountability Act of 1996 (Pub. L. No. 104-191); | ||
or | ||
(B) the following health care operations | ||
described by the regulations adopted under the Health Insurance | ||
Portability and Accountability Act of 1996 (Pub. L. No. 104-191): | ||
(i) quality assessment and improvement | ||
activities; | ||
(ii) specified insurance functions; | ||
(iii) conducting or arranging for medical | ||
reviews; or | ||
(iv) competency assurance activities; | ||
(4) to a member of the clergy specifically designated | ||
by the patient; | ||
(5) to a procurement organization as defined in | ||
Section 692A.002 for the purpose of making inquiries relating to | ||
donations according to the protocol referred to in Section | ||
692A.015; | ||
(6) to a prospective health care provider for the | ||
purpose of securing the services of that health care provider as | ||
part of the patient's continuum of care, as determined by the | ||
patient's attending physician; | ||
(7) to a person authorized to consent to medical | ||
treatment under Chapter 313 or to a person in a circumstance | ||
exempted from Chapter 313 to facilitate the adequate provision of | ||
treatment; | ||
(8) to an employee or agent of the hospital who | ||
requires health care information for health care education, quality | ||
assurance, or peer review or for assisting the hospital in the | ||
delivery of health care or in complying with statutory, licensing, | ||
accreditation, or certification requirements and if the hospital | ||
takes appropriate action to ensure that the employee or agent: | ||
(A) will not use or disclose the health care | ||
information for any other purpose; and | ||
(B) will take appropriate steps to protect the | ||
health care information; | ||
(9) to a federal, state, or local government agency or | ||
authority to the extent authorized or required by law; | ||
(10) to a hospital that is the successor in interest to | ||
the hospital maintaining the health care information; | ||
(11) to the American Red Cross for the specific | ||
purpose of fulfilling the duties specified under its charter | ||
granted as an instrumentality of the United States government; | ||
(12) to the Texas Poison Control Center established | ||
under [ |
||
Chapter 777[ |
||
provide information and education to health professionals involved | ||
in the management of poison and overdose victims, including | ||
information regarding appropriate therapeutic use of medications, | ||
their compatibility and stability, and adverse drug reactions and | ||
interactions; | ||
(13) to a health care utilization review agent who | ||
requires the health care information for utilization review of | ||
health care under Chapter 4201, Insurance Code; | ||
(14) for use in a research project authorized by an | ||
institutional review board under federal law; | ||
(15) to health care personnel of a penal or other | ||
custodial institution in which the patient is detained if the | ||
disclosure is for the sole purpose of providing health care to the | ||
patient; | ||
(16) to facilitate reimbursement to a hospital, other | ||
health care provider, or the patient for medical services or | ||
supplies; | ||
(17) to a health maintenance organization for purposes | ||
of maintaining a statistical reporting system as required by a rule | ||
adopted by a state agency or regulations adopted under the federal | ||
Health Maintenance Organization Act of 1973, as amended (42 U.S.C. | ||
Section 300e et seq.); | ||
(18) to satisfy a request for medical records of a | ||
deceased or incompetent person pursuant to Section 74.051(e), Civil | ||
Practice and Remedies Code; | ||
(19) to comply with a court order except as provided by | ||
Subdivision (20); or | ||
(20) related to a judicial proceeding in which the | ||
patient is a party and the disclosure is requested under a subpoena | ||
issued under: | ||
(A) the Texas Rules of Civil Procedure or Code of | ||
Criminal Procedure; or | ||
(B) Chapter 121, Civil Practice and Remedies | ||
Code. | ||
SECTION 11.10. Subsection (a), Section 771.051, 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 poison control network, including the Texas Poison | ||
Control Center established [ |
||
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 11.11. Subsections (e) and (f), Section 771.072, | ||
Health and Safety Code, are 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 fund grants awarded under Section 777.009 | ||
and other activities related to the Texas Poison Control Center | ||
[ |
||
(f) The comptroller shall deposit the surcharges and any | ||
prior balances in accounts in the general revenue fund in the state | ||
treasury until they are allocated to regional planning commissions, | ||
other 9-1-1 jurisdictions, and the Texas Poison Control Center | ||
[ |
||
From those accounts, the amount necessary for the commission to | ||
fund approved plans of regional planning commissions and the Texas | ||
Poison Control Center [ |
||
carry out its duties under this chapter shall be appropriated to the | ||
commission. Section 403.095, Government Code, does not apply to an | ||
account established by this subsection. | ||
SECTION 11.12. Section 153.015, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 153.015. POISON CONTROL CENTER INFORMATION. The board | ||
shall provide to license holders information regarding the services | ||
provided by the Texas Poison Control Center [ |
||
|
||
SECTION 11.13. Section 202.161, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 202.161. POISON CONTROL CENTER INFORMATION. The board | ||
shall provide to license holders information regarding the services | ||
provided by the Texas Poison Control Center [ |
||
|
||
SECTION 11.14. Section 254.017, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 254.017. POISON CONTROL CENTER INFORMATION. The board | ||
shall provide to license holders information regarding the services | ||
provided by the Texas Poison Control Center [ |
||
|
||
SECTION 11.15. Section 301.1582, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 301.1582. POISON CONTROL CENTER INFORMATION. The | ||
board shall provide to license holders information regarding the | ||
services provided by the Texas Poison Control Center [ |
||
|
||
SECTION 11.16. Section 351.167, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 351.167. POISON CONTROL CENTER INFORMATION. The board | ||
shall provide to license holders information regarding the services | ||
provided by the Texas Poison Control Center [ |
||
|
||
SECTION 11.17. Section 554.015, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 554.015. POISON CONTROL CENTER INFORMATION. The board | ||
shall provide to license holders information regarding the services | ||
provided by the Texas Poison Control Center [ |
||
|
||
SECTION 11.18. (a) Not later than March 1, 2012, the | ||
Commission on State Emergency Communications shall consolidate the | ||
six regional poison control centers in this state into and | ||
establish the Texas Poison Control Center, as required by Section | ||
777.001, Health and Safety Code, as amended by this article, at the | ||
geographical location determined by the coordinating committee on | ||
poison control. On that date, the regional poison control centers | ||
are abolished and the powers, duties, obligations, rights, | ||
contracts, records, personnel, property, and unspent | ||
appropriations of the six regional poison control centers in this | ||
state are transferred to the Texas Poison Control Center. | ||
(b) The rules of the regional poison control centers in this | ||
state are continued in effect as rules of the Texas Poison Control | ||
Center until superseded by rule. | ||
(c) Notwithstanding the changes in law made by this article, | ||
until the date the Commission on State Emergency Communications | ||
consolidates the six regional poison control centers as provided by | ||
this section, the regional poison control centers shall continue to | ||
operate and provide services under the law that governed the | ||
centers before the effective date of this Act, and the prior law is | ||
continued in effect for that purpose. | ||
(d) As soon as practicable after the date the Texas Poison | ||
Control Center is established as provided by this section, the | ||
chief executive officer of the center shall appoint six members who | ||
represent the center to the coordinating committee on poison | ||
control established by Section 777.008, Health and Safety Code, as | ||
amended by this article. The members serving on the coordinating | ||
committee as representatives of the six regional poison control | ||
centers immediately before the effective date of this Act shall | ||
continue to serve on the coordinating committee until the date the | ||
chief executive officer appoints members who represent the center | ||
as required by this subsection. | ||
SECTION 11.19. (a) Not later than March 1, 2012, the | ||
coordinating committee on poison control established by Section | ||
777.008, Health and Safety Code, as amended by this article, shall | ||
determine a geographical location for the Texas Poison Control | ||
Center, as required by Subsection (b), Section 777.001, Health and | ||
Safety Code, as amended by this article. | ||
(b) Not later than March 1, 2013, the Texas Poison Control | ||
Center established under Section 777.001, Health and Safety Code, | ||
as amended by this article, shall design the initial standardized | ||
program model for community education programs as required by | ||
Subsection (b), Section 777.003, Health and Safety Code, as added | ||
by this article. | ||
ARTICLE 12. AUTHORIZED USES FOR CERTAIN DEDICATED PERMANENT FUNDS | ||
IN STATE TREASURY | ||
SECTION 12.01. Section 403.105, Government Code, is amended | ||
by amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) Except as provided by Subsections (b-1), (c), (e), (f), | ||
and (h), money in the fund may not be appropriated for any purpose. | ||
(b-1) The legislature may appropriate money in the fund, | ||
including the available earnings of the fund determined under | ||
Section 403.1068, to pay the principal of or interest on a bond | ||
issued for the purposes of Section 67, Article III, Texas | ||
Constitution. This subsection does not authorize the appropriation | ||
under this subsection of money subject to a limitation or | ||
requirement as described by Subsection (e) that is not consistent | ||
with the use of the money in accordance with this subsection. | ||
SECTION 12.02. Section 403.1055, Government Code, is | ||
amended by amending Subsection (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(b) Except as provided by Subsections (b-1), (c), (e), (f), | ||
and (h), money in the fund may not be appropriated for any purpose. | ||
(b-1) The legislature may appropriate money in the fund, | ||
including the available earnings of the fund determined under | ||
Section 403.1068, to pay the principal of or interest on a bond | ||
issued for the purposes of Section 67, Article III, Texas | ||
Constitution. This subsection does not authorize the appropriation | ||
under this subsection of money subject to a limitation or | ||
requirement as described by Subsection (e) that is not consistent | ||
with the use of the money in accordance with this subsection. | ||
SECTION 12.03. Section 403.106, Government Code, is amended | ||
by amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) Except as provided by Subsections (b-1), (c), (e), (f), | ||
and (h), money in the fund may not be appropriated for any purpose. | ||
(b-1) The legislature may appropriate money in the fund, | ||
including the available earnings of the fund determined under | ||
Section 403.1068, to pay the principal of or interest on a bond | ||
issued for the purposes of Section 67, Article III, Texas | ||
Constitution. This subsection does not authorize the appropriation | ||
under this subsection of money subject to a limitation or | ||
requirement as described by Subsection (e) that is not consistent | ||
with the use of the money in accordance with this subsection. | ||
SECTION 12.04. This article takes effect immediately if | ||
this Act 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 article takes effect September 1, 2011. | ||
ARTICLE 13. USE OF TEXAS ENTERPRISE FUND FOR TEXAS HOMELESS | ||
HOUSING AND SERVICES PROGRAM | ||
SECTION 13.01. Section 481.078, Government Code, is amended | ||
by amending Subsection (c) and adding Subsection (d-1) to read as | ||
follows: | ||
(c) Except as provided by Subsections [ |
||
(d-1), the fund may be used only for economic development, | ||
infrastructure development, community development, job training | ||
programs, and business incentives. | ||
(d-1) The fund may be used for the Texas homeless housing | ||
and services program administered by the Texas Department of | ||
Housing and Community Affairs. Subsections (e-1), (f), (g), (h), | ||
(i), and (j) and Section 481.080 do not apply to a grant awarded for | ||
a purpose specified by this subsection. | ||
SECTION 13.02. Section 481.079, Government Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) For grants awarded for a purpose specified by Section | ||
481.078(d-1), the report must include only the amount and purpose | ||
of each grant. | ||
SECTION 13.03. This article takes effect immediately if | ||
this Act 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 article takes effect September 1, 2011. | ||
ARTICLE 14. DEBT ISSUANCE AUTHORITY OF AND FUNDING FOR CANCER | ||
PREVENTION AND RESEARCH INSTITUTE OF TEXAS | ||
SECTION 14.01. Subchapter C, Chapter 1232, Government Code, | ||
is amended by adding Section 1232.1221 to read as follows: | ||
Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR | ||
CANCER-RELATED PROJECTS. (a) Funds may be distributed to a grant | ||
recipient for a multiyear project for which an award is granted by | ||
the Cancer Prevention and Research Institute of Texas Oversight | ||
Committee as authorized by Section 102.257, Health and Safety Code, | ||
after the authority has certified that obligations in an amount | ||
sufficient to pay the money needed to fund the project have been | ||
authorized for issuance by the authority and approved by the Bond | ||
Review Board. | ||
(b) After issuing the obligations, the board shall: | ||
(1) pay the costs of the issuance and any related bond | ||
administrative costs of the authority; | ||
(2) certify to the Cancer Prevention and Research | ||
Institute of Texas and to the comptroller that the proceeds from the | ||
issuance are available; and | ||
(3) deposit the proceeds into the state treasury to be | ||
credited to the account of the Cancer Prevention and Research | ||
Institute of Texas. | ||
SECTION 14.02. Subsections (b) and (c), Section 102.201, | ||
Health and Safety Code, are amended to read as follows: | ||
(b) The cancer prevention and research fund consists of: | ||
(1) patent, royalty, and license fees and other income | ||
received under a contract entered into as provided by Section | ||
102.255; | ||
(2) appropriations of money to the fund by the | ||
legislature, except that the appropriated money may not include the | ||
proceeds from the issuance of bonds authorized by Section 67, | ||
Article III, Texas Constitution; | ||
(3) gifts, grants, including grants from the federal | ||
government, and other donations received for the fund; and | ||
(4) interest earned on the investment of money in the | ||
fund. | ||
(c) The fund may be used only to pay for: | ||
(1) grants for cancer research and for cancer research | ||
facilities in this state to realize therapies, protocols, and | ||
medical procedures for the cure or substantial mitigation of all | ||
types of cancer in humans; | ||
(2) the purchase, subject to approval by the | ||
institute, of laboratory facilities by or on behalf of a state | ||
agency or grant recipient; | ||
(3) grants to public or private persons to implement | ||
the Texas Cancer Plan; | ||
(4) the operation of the institute; [ |
||
(5) grants for cancer prevention and control programs | ||
in this state to mitigate the incidence of all types of cancer in | ||
humans; and | ||
(6) debt service on bonds issued as authorized by | ||
Section 67, Article III, Texas Constitution. | ||
SECTION 14.03. Section 102.257, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee | ||
may grant funds for a multiyear project. The oversight committee | ||
must specify the total amount of [ |
||
to fund the [ |
||
considered for purposes of Section 102.253 to have been [ |
||
awarded in the state fiscal year that the project is approved by the | ||
research and prevention programs committee. The institute shall | ||
distribute only the money that will be expended during that fiscal | ||
year. The institute may maintain the remaining money needed in each | ||
subsequent fiscal year [ |
||
to be distributed by the institute as the money is needed [ |
||
|
||
SECTION 14.04. The changes in law made by this article apply | ||
only to a grant of funds for a multiyear project by the Cancer | ||
Prevention and Research Institute of Texas Oversight Committee as | ||
authorized by Section 102.257, Health and Safety Code, as amended | ||
by this article, made on or after June 1, 2011. A grant of funds for | ||
a multiyear project made before that date is governed by the law in | ||
effect on the date the grant was made, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 14.05. This article takes effect immediately if | ||
this Act 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 article takes effect September 1, 2011. | ||
ARTICLE 15. EFFECTIVE DATE | ||
SECTION 15.01. Except as otherwise provided by this Act, | ||
this Act takes effect September 1, 2011. | ||
* * * * * |