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

	A BILL TO BE ENTITLED
	AN ACT
	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) [(c)]  This section shall not apply to the Texas Turnpike
	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 [Sections 403.094 and] 403.095,
	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
	[earnings] on money in the account, and any other money received
	under this section.  Money in [Distributions from] the account may
	be used only for the purposes of this section and [may not be used]
	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 [Earnings] on
	money in the account shall be deposited to the credit of the
	account.
	(b)  The commission may use money in [distributions from] the
	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 [Subsections (a)-(e)].
	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) [statewide network applications account established by Section
	2054.011].
	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 [A handling fee may be
	deducted from the amount of the claim payment] if the approved claim
	[payment] is at least $100.
	(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 [of this chapter]; or
	(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 [REGIONAL] POISON CONTROL CENTER [CENTERS]
	SECTION 11.02.  Sections 777.001 through 777.008, Health and
	Safety Code, are amended to read as follows:
	Sec. 777.001.  TEXAS [REGIONAL] POISON CONTROL CENTER
	[CENTERS]. (a)  In this chapter:
	(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) [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 El Paso, El Paso
	County Hospital District;
	[(5)     the Texas Tech University Health Sciences Center
	at Amarillo; and
	[(6)  Scott and White Memorial Hospital, Temple, Texas.
	[(b)]  The center [poison control centers] shall coordinate
	poison control activities in this [within the designated health and
	human services regions for the] state.  [The Commission on State
	Emergency Communications shall adopt rules designating the region
	for each poison control center.]  The Commission on State Emergency
	Communications may adopt rules permitting the center [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
	throughout this state [in each region].
	[(c)     The Commission on State Emergency Communications 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.]
	Sec. 777.002.  TELEPHONE SERVICES. (a)  The [A poison
	control] center [established by this chapter] shall provide a
	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 [at least one poison control] center. Poison [Regional poison]
	information services may be available directly from the center [for
	the region or from another poison control center] but shall be
	available through all 9-1-1 services [in the region], as the term
	"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 [A poison control] center shall ensure that poison
	control activities in this state [within the designated region]
	meet the criteria established by the American Association of Poison
	Control Centers. The [A] center may meet the criteria directly or
	may affiliate with other poison control centers or poison treatment
	facilities in other states, if necessary [possible]. The [A]
	center shall ensure that treatment facilities and services are
	available in this state [within the region] and shall identify and
	make available to the public and to appropriate health
	professionals information concerning analytical toxicology,
	emergency and critical care, and extracorporeal capabilities in
	this state [within the region].
	Sec. 777.003.  COMMUNITY PROGRAMS AND ASSISTANCE. (a)  The
	[A poison control] center shall provide:
	(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 [A poison control] center
	[established under this chapter] shall use physicians,
	pharmacists, nurses, other professionals, and support personnel
	trained in various aspects of toxicology and poison control and
	prevention.
	(b)  The [A poison control] center shall make available
	resources, if possible, to accommodate persons who do not speak
	English.
	Sec. 777.005.  RESEARCH PROGRAMS. (a)  The [A poison
	control] center may conduct a toxicology poison treatment research
	program to improve treatments for poisoning victims and to reduce
	the severity of injuries from poisonings.
	(b)  The [A poison control] center may accept grants or
	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 [regional
	poison control centers] in providing informational packets on
	poison prevention to parents of newborns.
	Sec. 777.007.  STATE LIABILITY. The state shall indemnify
	the [a poison control] center and an employee of the [a poison
	control] center under Chapter 104, Civil Practice and Remedies
	Code.
	Sec. 777.008.  COORDINATING COMMITTEE. (a)  The
	coordinating committee on poison control shall coordinate the
	activities of the center [regional poison control centers
	designated under Section 777.001(a)] and advise the Commission on
	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 [six regional
	poison control centers, one] appointed by the chief executive
	officer of the [each] center;
	(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 [regional
	poison control centers].
	(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 [of the region based on population
	served] for poison control services in this state 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.
	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 [OUT-OF-REGION] SERVICES;
	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 [one or more regional poison control
	centers] to provide the services required under a contract entered
	into under Subsection (a).  The commission may not enter into a
	contract under this subsection if, in the opinion of the
	commission, the [regional poison control] center's performance of
	the contract would result in a diminishment in the services
	provided in this state [the region].
	(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 [poison control center]
	services in this state. Revenue from a contract described by
	Subsection (a) must be deposited to the credit of the [regional]
	poison control services account.
	SECTION 11.06.  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 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 [a poison
	control] center for each call to an emergency line of the center the
	telephone number of the subscribers and the address associated with
	the number.
	(c)  Information furnished to the [a poison control] center
	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 [regional poison control
	centers under this chapter] to:
	(1)  maximize the use of data collected by the center
	[poison control network];
	(2)  assist the center [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)  The [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.
	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 [a regional poison control center, as the term is used in]
	Chapter 777[,] to the extent necessary to enable the center to
	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 [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 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
	[poison control centers] as required by Chapter 777.
	(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
	[regional poison control centers] in accordance with this section.
	From those accounts, the amount necessary for the commission to
	fund approved plans of regional planning commissions and the Texas
	Poison Control Center [regional poison control centers] and to
	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 [poison control
	centers].
	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 [poison control
	centers].
	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 [poison control
	centers].
	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 [poison
	control centers].
	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 [poison control
	centers].
	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 [poison control
	centers].
	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 [Subsection] (d) and
	(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; [and]
	(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 [All the] money approved [needed]
	to fund the [a] multiyear project. The total amount specified is
	considered for purposes of Section 102.253 to have been [must be]
	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 [shall be maintained] in an escrow account
	to be distributed by the institute as the money is needed [in
	subsequent years of the project].
	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.
	* * * * *