Bill Text: TX HB1181 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to abolishing the Texas Department of Rural Affairs and transferring its functions to the Texas Department of Housing and Community Affairs, Department of State Health Services, and Department of Agriculture.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-07 - Left pending in committee [HB1181 Detail]

Download: Texas-2011-HB1181-Introduced.html

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82R3823 MCK-D
By: Deshotel H.B. No. 1181

A BILL TO BE ENTITLED
AN ACT
relating to abolishing the Texas Department of Rural Affairs and
transferring its functions to the Texas Department of Housing and
Community Affairs, Department of State Health Services, and
Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.060(a), Education Code, is amended to
read as follows:
(a) This section applies only to a school-based health
center serving an area that:
(1) is located in a county with a population not
greater than 50,000; or
(2) has been designated under state or federal law as:
(A) a health professional shortage area;
(B) a medically underserved area; or
(C) a medically underserved community by the
[Texas] Department of State Health Services [Rural Affairs].
SECTION 2. Sections 51.918(a) and (c), Education Code, are
amended to read as follows:
(a) The Texas Higher Education Coordinating Board, the
[Texas] Department of State Health Services [Rural Affairs],
medical schools, nursing schools, and schools of allied health
sciences shall cooperate to improve and expand programs for rural
areas.
(c) The [Texas] Department of State Health Services [Rural
Affairs] shall develop relief service programs for rural physicians
and allied health personnel to facilitate ready access to
continuing medical education as well as to provide practice
coverage for purposes other than continuing medical education.
SECTION 3. Section 58.007(b)(1), Education Code, is amended
to read as follows:
(1) The Primary Care Residency Advisory Committee is
created and shall consist of 12 members as follows:
(A) seven members shall be licensed physicians,
one appointed by each of the following:
(i) the Texas Medical Association;
(ii) the Texas Osteopathic Medical
Association;
(iii) the Texas Academy of Family
Physicians;
(iv) the Texas Society of the American
College of Osteopathic Family Physicians;
(v) the Texas Society of Internal Medicine;
(vi) the Texas Pediatric Society; and
(vii) the Texas Association of
Obstetricians and Gynecologists;
(B) one member shall be appointed by the [Texas]
Department of State Health Services [Rural Affairs];
(C) one member shall be appointed by the Bureau
of Community Oriented Primary Care at the Department of State
Health Services; and
(D) three members shall be members of the public,
one appointed by each of the following:
(i) the governor;
(ii) the lieutenant governor; and
(iii) the speaker of the house of
representatives.
SECTION 4. Section 61.0899, Education Code, is amended to
read as follows:
Sec. 61.0899. ASSISTANCE IN CERTAIN RURAL HEALTH CARE LOAN
REIMBURSEMENT AND STIPEND PROGRAMS. The board shall, in
cooperation with the [Texas] Department of State Health Services
[Rural Affairs] and the department's advisory panel established
under Section 487.552, Government Code, ensure that the board seeks
to obtain the maximum amount of funds from any source, including
federal funds, to support programs to provide student loan
reimbursement or stipends for graduates of degree programs in this
state who practice or agree to practice in a medically underserved
community.
SECTION 5. Section 403.1065(c), Government Code, is amended
to read as follows:
(c) The available earnings of the fund may be appropriated
to the [Texas] Department of State Health Services [Rural Affairs]
for the purposes of Subchapter H, Chapter 487.
SECTION 6. Section 405.021(c), Government Code, is amended
to read as follows:
(c) The secretary of state shall compile information
received from [the Office of Rural Community Affairs,] the Texas
Water Development Board, the Texas Transportation Commission, the
Texas Department of Housing and Community Affairs, the Department
of State Health Services, the Texas Commission on Environmental
Quality, the Health and Human Services Commission, the Texas
Cooperative Extension, councils of governments, an institution of
higher education that receives funding from the state for projects
that provide assistance to colonias, and any other agency
considered appropriate by the secretary of state for purposes of
the classification system.
SECTION 7. Section 481.0215(b), Government Code, is amended
to read as follows:
(b) At the direction of the governor, the executive director
of the department or its successor shall work with each state agency
that administers a program relating to job training or job
creation, including the Texas Workforce Commission, the Council on
Workforce and Economic Competitiveness, the Department of
Agriculture, and the Texas Department of Housing and Community
[Office of Rural] Affairs, to address the challenges facing the
agencies relating to job training and job creation.
SECTION 8. The heading to Chapter 487, Government Code, is
amended to read as follows:
CHAPTER 487. PROGRAMS AFFECTING [TEXAS DEPARTMENT OF] RURAL
COMMUNITIES [AFFAIRS]
SECTION 9. Section 487.051, Government Code, is amended to
read as follows:
Sec. 487.051. POWERS AND DUTIES OF TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS. (a) In this section, "department"
means the Texas Department of Housing and Community Affairs.
(b) The department shall:
(1) assist rural communities in the key areas of
economic development, community development, [rural health,] and
rural housing;
(2) serve as a clearinghouse for information and
resources on [all] state and federal programs affecting economic
development, community development, and housing in rural
communities;
(3) in consultation with rural community leaders,
locally elected officials, state elected and appointed officials,
academic and industry experts, and the interagency work group
created under this chapter, identify and prioritize policy issues
and concerns relating to economic development, community
development, and housing affecting rural communities in the state;
(4) make recommendations to the legislature to address
the concerns affecting rural communities identified under
Subdivision (3);
(5) monitor developments relating to economic
development, community development, and housing that have a
substantial effect on rural Texas communities, especially actions
of state government, and compile an annual report describing and
evaluating the condition of rural communities;
(6) administer the federal community development
block grant nonentitlement program;
(7) [administer programs supporting rural health care
as provided by this chapter;
[(8)] perform research to determine the most
beneficial and cost-effective ways to improve the welfare of rural
communities; and
(8) [(9) ensure that the department qualifies as the
state's office of rural health for the purpose of receiving grants
from the Office of Rural Health Policy of the United States
Department of Health and Human Services under 42 U.S.C. Section
254r;
[(10) manage the state's Medicare rural hospital
flexibility program under 42 U.S.C. Section 1395i-4;
[(11)] seek state and federal money available for
economic development in rural areas for programs under this
chapter[;
[(12) in conjunction with the Department of
Agriculture, regularly cross-train department employees with
employees of the Department of Agriculture regarding the programs
administered and services provided by each agency to rural
communities; and
[(13) work with interested persons to assist volunteer
fire departments and emergency services districts in rural areas].
[(b) The department may require department employees who
work at locations other than the central office to be based in
Department of Agriculture offices.]
SECTION 10. Subchapter C, Chapter 487, Government Code, is
amended by adding Sections 487.0511 and 487.0512 to read as
follows:
Sec. 487.0511. POWERS AND DUTIES OF DEPARTMENT OF STATE
HEALTH SERVICES. (a) In this section, "department" means the
Department of State Health Services.
(b) The department shall:
(1) assist rural communities in the area of rural
health;
(2) serve as a clearinghouse for information and
resources on all state and federal programs affecting rural health;
(3) in consultation with rural community leaders,
locally elected officials, state elected and appointed officials,
academic and industry experts, and the interagency work group
created under this chapter, identify and prioritize policy issues
and concerns affecting rural health in the state;
(4) make recommendations to the legislature to address
the concerns affecting rural communities identified under
Subdivision (3);
(5) monitor developments that have a substantial
effect on rural health, especially actions of state government, and
compile an annual report describing and evaluating the condition of
rural communities;
(6) administer programs supporting rural health care
as provided by this chapter;
(7) perform research to determine the most beneficial
and cost-effective ways to improve health care in communities;
(8) ensure that the department qualifies as the
state's office of rural health for the purpose of receiving grants
from the Office of Rural Health Policy of the United States
Department of Health and Human Services under 42 U.S.C. Section
254r;
(9) manage the state's Medicare rural hospital
flexibility program under 42 U.S.C. Section 1395i-4; and
(10) work with interested persons to assist volunteer
fire departments and emergency services districts in rural areas.
Sec. 487.0512. POWERS AND DUTIES OF DEPARTMENT OF
AGRICULTURE. (a) In this section, "department" means the
Department of Agriculture.
(b) The department shall:
(1) assist rural communities regarding renewable
energy and water projects;
(2) serve as a clearinghouse for information and
resources on renewable energy and water projects in rural
communities;
(3) in consultation with rural community leaders,
locally elected officials, state elected and appointed officials,
academic and industry experts, and the interagency work group
created under this chapter, identify and prioritize policy issues
and concerns affecting renewable energy and water projects in rural
communities in the state;
(4) make recommendations to the legislature to address
the concerns affecting rural communities identified under
Subdivision (3); and
(5) monitor developments that have a substantial
effect on rural Texas communities, especially actions of state
government, and compile an annual report describing and evaluating
renewable energy and water projects in rural communities.
SECTION 11. Section 487.053, Government Code, is amended to
read as follows:
Sec. 487.053. GIFTS AND GRANTS. [(a)] The Texas Department
of Housing and Community Affairs, Department of State Health
Services, and Department of Agriculture [department] may accept
gifts, grants, and donations from any organization for the purpose
of funding any activity under this chapter, and the departments
[department] shall actively seek funding from appropriate
nonprofit foundations.
[(b) All gifts, grants, and donations must be accepted in an
open meeting by a majority of the voting members of the board and
reported in the public record of the meeting with the name of the
donor and purpose of the gift, grant, or donation.]
SECTION 12. Sections 487.054(a) and (b), Government Code,
are amended to read as follows:
(a) At least once each year, the following agency heads or
their designees shall meet in Austin to discuss rural issues and to
provide information showing the impact each agency has on rural
communities for use in developing rural policy and compiling the
annual reports [report] under Sections 487.051(b)(5),
487.0511(b)(5), and 487.052(b)(5) [Section 487.051(a)(5)]:
(1) the commissioner of agriculture;
(2) the executive director of the Public Utility
Commission of Texas;
(3) the director of the Texas AgriLife [Agricultural]
Extension Service;
(4) the executive director of the Texas Department of
Housing and Community Affairs;
(5) the commissioner of the Department of State Health
Services;
(6) the executive administrator of the Texas Water
Development Board;
(7) the executive director of the Parks and Wildlife
Department;
(8) the commissioner of higher education;
(9) the comptroller;
(10) the executive director of the Texas Department of
Transportation;
(11) the executive director of the Texas Commission on
Environmental Quality;
(12) the executive director of the Texas Economic
Development and Tourism Office;
(13) the commissioner of insurance;
(14) the commissioner of the Department of Aging and
Disability Services;
(15) the commissioner of education;
(16) the executive commissioner of the Health and
Human Services Commission;
(17) the executive director of the Texas Workforce
Commission;
(18) the executive director of the Texas Historical
Commission;
(19) a member of the Railroad Commission of Texas;
(20) the executive director of the State Soil and
Water Conservation Board; and
(21) [the executive director of the department; and
[(22)] the head of any other agency interested in
rural issues.
(b) The commissioner of agriculture [board] shall call the
annual meeting. The commissioner of agriculture [board] shall set
the time and date of the meeting after consulting with the agency
heads listed in Subsection (a).
SECTION 13. Section 487.0541(c), Government Code, is
amended to read as follows:
(c) The work group shall meet at the call of the
commissioner of agriculture [executive director of the
department].
SECTION 14. Section 487.056, Government Code, is amended to
read as follows:
Sec. 487.056. REPORT TO LEGISLATURE. (a) Not later than
January 1 of each odd-numbered year, the Texas Department of
Housing and Community Affairs, Department of State Health Services,
and Department of Agriculture [department] shall each submit a
biennial report to the legislature regarding that agency's [the
activities of the department, the] activities [of the Texas Rural
Foundation,] and any findings and recommendations relating to rural
issues. The Texas Department of Housing and Community Affairs
shall include in its report the activities of the Texas Rural
Foundation.
(b) The Department of State Health Services [department]
shall obtain information from each county about indigent health
care provided in the county and information from each university,
medical school, rural community, or rural health care provider that
has performed a study relating to rural health care during the
biennium. The department shall include the information obtained
under this subsection in the department's report to the
legislature.
(c) The Texas Department of Housing and Community Affairs
[department] shall obtain information on the availability of
housing in rural communities throughout the state for all income
levels. The department shall include the information, and the
department's assessment of the information, in the department's
report to the legislature.
SECTION 15. Section 487.057(a), Government Code, is amended
to read as follows:
(a) The Department of State Health Services [department]
shall develop, implement, and update a rural health work plan.
SECTION 16. Sections 487.059(b), (c), and (e), Government
Code, are amended to read as follows:
(b) If a member of the governing board of a state agency
described by Subsection (c) [the board] or a committee established
under this chapter, including an advisory committee, has a
financial interest in an entity that applies for a monetary award,
the board or committee member shall, before a vote on the monetary
award, disclose the fact of the board or committee member's
financial interest. The board or committee shall enter the
disclosure into the minutes of the meeting at which a vote on the
monetary award is taken. The board or committee member may not
vote on or otherwise participate in a discussion or any other
activity that relates to awarding the monetary award. If the board
or committee member does not comply with this subsection, the
entity is not eligible for the monetary award.
(c) If the executive director or another [department]
employee of the Texas Department of Housing and Community Affairs,
Department of State Health Services, or Department of Agriculture
has a financial interest in an entity that applies for a monetary
award, the executive director or employee:
(1) shall, as soon as possible, disclose to the
governing board of the agency [board] the fact of the director's or
employee's financial interest;
(2) may not participate in staff evaluations regarding
the monetary award; and
(3) if the executive director or employee under the
agency's [department] procedures may vote, or make a recommendation
concerning a vote, on a matter that involves the monetary award:
(A) shall disclose the fact of the director's or
employee's financial interest before a vote on the monetary award,
which the board or committee shall enter into the minutes of the
meeting at which a vote on the monetary award is taken; and
(B) may not vote on or otherwise participate in a
discussion or any other activity that relates to awarding the
monetary award.
(e) Subsections (f) and (g) apply only to a member of the
board or a committee who is employed by:
(1) an entity that offers to enter into a contract with
the Texas Department of Housing and Community Affairs, Department
of State Health Services, or Department of Agriculture
[department]; or
(2) an entity that is under common ownership or
governance with or otherwise affiliated with an entity that applies
for a monetary award or offers to enter into a contract with the
Texas Department of Housing and Community Affairs, Department of
State Health Services, or Department of Agriculture [department].
SECTION 17. Section 487.060(a), Government Code, is amended
to read as follows:
(a) In this section:
(1) "Colonia [, "colonia]" means a geographic area
that:
(A) [(1)] is an economically distressed area as
defined by Section 17.921, Water Code;
(B) [(2)] is located in a county any part of
which is within 62 miles of an international border; and
(C) [(3)] consists of 11 or more dwellings that
are located in close proximity to each other in an area that may be
described as a community or neighborhood.
(2) "Department" means the Texas Department of Housing
and Community Affairs.
SECTION 18. Section 487.061(a), Government Code, is amended
to read as follows:
(a) The Department of State Health Services [department]
shall establish a program to provide interested rural communities
with:
(1) general information about emergency services
districts;
(2) information and training related to the
establishment of an emergency services district; and
(3) technical assistance related to the
implementation of an emergency services district.
SECTION 19. Section 487.101, Government Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Commissioner" means the commissioner of the
Department of State Health Services.
(1-a) "Department" means the Department of State
Health Services.
(1-b) "Selection committee" means the Outstanding
Rural Scholar Selection Committee.
SECTION 20. Sections 487.103(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The selection committee shall advise the commissioner
[board] on the progress of the program.
(b) The selection committee is composed of 12 members
appointed by the commissioner [board].
(c) The commissioner [board] shall consider geographical
representation in making appointments to the selection committee.
SECTION 21. Sections 487.104(b) and (d), Government Code,
are amended to read as follows:
(b) The selection committee shall make selections based on
criteria approved by the commissioner [board] and adopted as a rule
of the department.
(d) The selection committee shall recommend to the
commissioner [board] guidelines to be used by rural communities in
the selection of students for nomination and sponsorship as
outstanding rural scholars.
SECTION 22. Section 487.107, Government Code, is amended to
read as follows:
Sec. 487.107. AWARDING OF LOANS. (a) The selection
committee shall recommend to the commissioner [board] guidelines
for the awarding of forgivable loans to outstanding rural scholars.
(b) The commissioner [board], acting on the advice of the
selection committee, shall award forgivable loans to outstanding
rural scholars based on the availability of money in the fund.
(c) If in any year the fund is inadequate to provide loans to
all eligible applicants, the commissioner [board] shall award
forgivable loans on a priority basis according to the applicants'
academic performance, test scores, and other criteria of
eligibility.
SECTION 23. Section 487.108(a), Government Code, is amended
to read as follows:
(a) On confirmation of an outstanding rural scholar's
admission to a postsecondary educational institution, or on receipt
of an enrollment report of the scholar at a postsecondary
educational institution, and a certification of the amount of
financial support needed, the selection committee annually shall
recommend to the commissioner [board] that the commissioner [board]
award a forgivable loan to the scholar in the amount of 50 percent
of the cost of the scholar's tuition, fees, educational materials,
and living expenses.
SECTION 24. Sections 487.109(b), (c), and (d), Government
Code, are amended to read as follows:
(b) The sponsoring community shall report to the
commissioner [board] the length of time the scholar practices as a
health care professional in the community.
(c) If the commissioner [board] finds that a sponsoring
community is not in need of the scholar's services and that the
community is willing to forgive repayment of the principal balance
and interest of the scholar's loan, the commissioner [board] by
rule may provide for the principal balance and interest of one year
of the scholar's loan to be forgiven for each year the scholar
practices in another rural community in this state.
(d) Any amount of loan principal or interest that is not
forgiven under this section shall be repaid to the department with
reasonable collection fees in a timely manner as provided by
commissioner [board] rule.
SECTION 25. Section 487.112, Government Code, is amended to
read as follows:
Sec. 487.112. ADOPTION AND DISTRIBUTION OF RULES. (a) The
commissioner [board] shall adopt reasonable rules to enforce the
requirements, conditions, and limitations under this subchapter.
(b) The commissioner [board] shall set the rate of interest
charged on a forgivable loan under this subchapter.
(c) The commissioner [board] shall adopt rules necessary to
ensure compliance with the federal Civil Rights Act of 1964 (42
U.S.C. Section 2000a et seq.) concerning nondiscrimination in
admissions.
SECTION 26. Section 487.151, Government Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Commissioner" means the commissioner of the
Department of State Health Services.
(1-a) "Department" means the Department of State
Health Services.
(1-b) "Fund" means the health careers education fund.
SECTION 27. Section 487.154, Government Code, is amended to
read as follows:
Sec. 487.154. LOANS. (a) The commissioner [board] may
award forgivable educational loans to eligible students under this
subchapter.
(b) The commissioner [board] may award forgivable loans to
eligible students based on the availability of money in the fund.
(c) If in any year the fund is inadequate to provide loans to
all eligible students, the commissioner [board] may award
forgivable loans on a priority basis according to the students'
academic performance, test scores, and other criteria of
eligibility.
SECTION 28. Section 487.155(a), Government Code, is amended
to read as follows:
(a) To be eligible to receive a loan under this subchapter,
a student must:
(1) be sponsored by an eligible community;
(2) at the time of the application for the loan, be
enrolled in high school or enrolled or accepted for enrollment in a
postsecondary educational institution in this state;
(3) meet academic requirements as established by the
commissioner [board];
(4) plan to complete a health care professional degree
or certificate program;
(5) plan to practice as a health care professional in a
qualified area of the state; and
(6) meet other requirements as established by the
commissioner [board].
SECTION 29. Section 487.156(c), Government Code, is amended
to read as follows:
(c) The commissioner [board] shall determine the percentage
of educational expenses communities are required to provide under
this section.
SECTION 30. Section 487.157(a), Government Code, is amended
to read as follows:
(a) On confirmation of an eligible student's admission to a
postsecondary educational institution, or on receipt of an
enrollment report of the student at a postsecondary educational
institution, and certification of the amount of financial support
needed, the commissioner [board] may award a forgivable loan to the
student in the amount of not more than the cost of the student's
tuition, fees, educational materials, and living expenses.
SECTION 31. Section 487.158(b), Government Code, is amended
to read as follows:
(b) The contract must provide that if the student does not
provide the required services to the community or provides those
services for less than the required time, the student is personally
liable to the state for:
(1) the total amount of assistance the student
receives from the department and the sponsoring community;
(2) interest on the total amount at a rate set by the
commissioner [board]; and
(3) the state's reasonable expenses incurred in
obtaining payment, including reasonable attorney's fees.
SECTION 32. Section 487.159(b), Government Code, is amended
to read as follows:
(b) If the commissioner [board] finds that a sponsoring
community is not in need of the student's services and that the
community is willing to forgive repayment of the principal balance
and interest of the student's loan, the commissioner [board] by
rule may provide for the principal balance and interest of the
student's loan to be forgiven if the student provides services in
another qualified area in this state.
SECTION 33. Sections 487.161(b) and (c), Government Code,
are amended to read as follows:
(b) The sponsoring community shall report to the
commissioner [board] the length of time the student provides health
care services in the community in accordance with the guidelines
established by the commissioner [board].
(c) A postsecondary educational institution shall provide
to the commissioner [board] a copy of the academic transcript of
each student for whom the institution has received a release that
complies with state and federal open records laws and that
authorizes the provision of the transcript.
SECTION 34. Section 487.163, Government Code, is amended to
read as follows:
Sec. 487.163. ADOPTION OF RULES. (a) The commissioner
[board] shall adopt reasonable rules to enforce the requirements,
conditions, and limitations of this subchapter.
(b) The commissioner [board] shall set the rate of interest
charged on a forgivable loan under this subchapter.
(c) The commissioner [board] shall adopt rules necessary to
ensure compliance with the federal Civil Rights Act of 1964 (42
U.S.C. Section 2000a et seq.) concerning nondiscrimination in
admissions.
SECTION 35. Section 487.201, Government Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Commissioner" means the commissioner of the
Department of State Health Services.
(1-a) "Department" means the Department of State
Health Services.
(1-b) "Medically underserved community" means:
(A) a community located in an area in this state
with a medically underserved population;
(B) a community located in an area in this state
designated by the United States secretary of health and human
services as an area with a shortage of personal health services;
(C) a population group designated by the United
States secretary of health and human services as having a shortage
of personal health services;
(D) a community designated under state or federal
law as a medically underserved community; or
(E) a community that the department considers to
be medically underserved based on relevant demographic,
geographic, and environmental factors.
SECTION 36. Sections 487.202(a), (d), and (e), Government
Code, are amended to read as follows:
(a) The commissioner [board] shall establish and administer
a program under this subchapter to increase the number of
physicians providing primary care in medically underserved
communities.
(d) The department may not pay more than $25,000 to a
community in a fiscal year unless the commissioner [board] makes a
specific finding of need by the community.
(e) The commissioner [board] shall establish priorities so
that the neediest communities eligible for assistance under this
subchapter are assured the receipt of a grant.
SECTION 37. Section 487.203, Government Code, is amended to
read as follows:
Sec. 487.203. ELIGIBILITY. To be eligible to receive money
from the department, a medically underserved community must:
(1) apply for the money; and
(2) provide evidence satisfactory to the commissioner
[board] that it has entered into an agreement with a physician for
the physician to provide primary care in the community for at least
two years.
SECTION 38. Section 487.204, Government Code, is amended to
read as follows:
Sec. 487.204. RULES. The commissioner [board] shall adopt
rules necessary for the administration of this subchapter,
including rules addressing:
(1) eligibility criteria for a medically underserved
community;
(2) eligibility criteria for a physician;
(3) minimum and maximum community contributions to the
start-up money for a physician to be matched with state money;
(4) conditions under which state money must be repaid
by a community or physician;
(5) procedures for disbursement of money by the
department;
(6) the form and manner in which a community must make
its contribution to the start-up money; and
(7) the contents of an agreement to be entered into by
the parties, which must include at least:
(A) a credit check for an eligible physician; and
(B) community retention of interest in any
property, equipment, or durable goods for seven years.
SECTION 39. Section 487.251, Government Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Commissioner" means the commissioner of the
Department of State Health Services.
(1-a) "Department" means the Department of State
Health Services.
(1-b) "Medically underserved area" means an area
designated by the United States secretary of health and human
services as having:
(A) a shortage of personal health services or a
population group that has such a shortage as provided by 42 U.S.C.
Section 300e-1(7); or
(B) a health professional shortage as provided by
42 U.S.C. Section 254e(a)(1).
SECTION 40. Section 487.252, Government Code, is amended to
read as follows:
Sec. 487.252. TEXAS HEALTH SERVICE CORPS PROGRAM. (a) The
commissioner [board] shall establish a program in the department to
assist communities in recruiting and retaining physicians to
practice in medically underserved areas.
(b) The commissioner [board] by rule shall establish:
(1) eligibility criteria for applicants;
(2) stipend application procedures;
(3) guidelines relating to stipend amounts;
(4) procedures for evaluating stipend applications;
and
(5) a system of priorities relating to the:
(A) geographic areas covered;
(B) medical specialties eligible to receive
funding under the program; and
(C) level of stipend support.
SECTION 41. Section 487.253(a), Government Code, is amended
to read as follows:
(a) The commissioner [board] shall adopt rules necessary to
administer this subchapter, and the department shall administer the
program in accordance with those rules.
SECTION 42. Section 487.301, Government Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "Department" means the Department of State Health
Services.
(1-a) "Public hospital" means a general or special
hospital licensed under Chapter 241, Health and Safety Code, that
is owned or operated by a municipality, county, municipality and
county, hospital district, or hospital authority and that performs
inpatient or outpatient services.
SECTION 43. Subchapter I, Chapter 487, Government Code, is
amended by adding Section 487.3511 to read as follows:
Sec. 487.3511. DEFINITIONS. In this subchapter:
(1) "Board" means the governing board of the Texas
Department of Housing and Community Affairs.
(2) "Department" means the Texas Department of Housing
and Community Affairs.
SECTION 44. Section 487.401, Government Code, is amended to
read as follows:
Sec. 487.401. ADMINISTRATION. (a) In this section:
(1) "Commissioner" means the commissioner of the
Department of State Health Services.
(2) "Department" means the Department of State Health
Services.
(b) The commissioner [board] shall adopt rules that
establish a procedure for designating a hospital as a rural
hospital in order for the hospital to qualify for federal funds
under 42 C.F.R. Part 412.
(c) [(b)] At the hospital's request, the department shall
designate the hospital as a rural hospital if the hospital meets the
requirements for a rural hospital under the commissioner's
[board's] rules.
SECTION 45. Section 487.451, Government Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Commissioner" means the commissioner of the
Department of State Health Services.
(1-a) "Department" means the Department of State
Health Services.
(1-b) "Health care professional" means:
(A) an advanced nurse practitioner;
(B) a dentist;
(C) a dental hygienist;
(D) a laboratory technician;
(E) a licensed vocational nurse;
(F) a licensed professional counselor;
(G) a medical radiological technologist;
(H) an occupational therapist;
(I) a pharmacist;
(J) a physical therapist;
(K) a physician;
(L) a physician assistant;
(M) a psychologist;
(N) a registered nurse;
(O) a social worker;
(P) a speech-language pathologist;
(Q) a veterinarian;
(R) a chiropractor; and
(S) another appropriate health care professional
identified by the board.
SECTION 46. Section 487.452(a), Government Code, is amended
to read as follows:
(a) The commissioner [board], in collaboration with Area
Health Education Center Programs, shall establish a community
health care [healthcare] awareness and mentoring program for
students to:
(1) identify high school students in rural and
underserved urban areas who are interested in serving those areas
as health care professionals;
(2) identify health care professionals in rural and
underserved urban areas to act as positive role models, mentors, or
reference resources for the interested high school students;
(3) introduce interested high school students to the
spectrum of professional health care careers through activities
such as health care camps and shadowing of health care
professionals;
(4) encourage a continued interest in service as
health care professionals in rural and underserved urban areas by
providing mentors and community resources for students
participating in training or educational programs to become health
care professionals; and
(5) provide continuing community-based support for
students during the period the students are attending training or
educational programs to become health care professionals,
including summer job opportunities and opportunities to mentor high
school students in the community.
SECTION 47. Section 487.454, Government Code, is amended to
read as follows:
Sec. 487.454. GRANTS; ELIGIBILITY. (a) Subject to
available funds, the commissioner [board] shall develop and
implement, as a component of the program, a grant program to support
employment opportunities in rural and underserved urban areas in
this state for students participating in training or educational
programs to become health care professionals.
(b) In awarding grants under the program, the commissioner
[board] shall give first priority to grants to training or
educational programs that provide internships to students.
(c) To be eligible to receive a grant under the grant
program, a person must:
(1) apply for the grant on a form adopted by the
commissioner [board];
(2) be enrolled or intend to be enrolled in a training
or educational program to become a health care professional;
(3) commit to practice or work, after licensure as a
health care professional, for at least one year as a health care
professional in a rural or underserved urban area in this state; and
(4) comply fully with any practice or requirements
associated with any scholarship, loan, or other similar benefit
received by the student.
(d) As a condition of receiving a grant under the program
the student must agree to repay the amount of the grant, plus a
penalty in an amount established by rule of the commissioner
[board] not to exceed two times the amount of the grant, if the
student becomes licensed as a health care professional and fails to
practice or work for at least one year as a health care professional
in a rural or underserved urban area in this state.
SECTION 48. Section 487.501, Government Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "Department" means the Department of State Health
Services.
(1-a) "Rural community" means a rural area as defined
by the department.
SECTION 49. Section 487.551, Government Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Commissioner" means the commissioner of the
Department of State Health Services.
(1-a) "Department" means the Department of State
Health Services.
(1-b) "Health professional" means a person other than
a physician who holds a license, certificate, registration, permit,
or other form of authorization required by law or a state agency
rule that must be obtained by an individual to practice in a health
care profession.
SECTION 50. Section 487.553, Government Code, is amended to
read as follows:
Sec. 487.553. LOAN REIMBURSEMENT PROGRAM. The commissioner
[board] shall establish a program in the department to assist
communities in recruiting health professionals to practice in
medically underserved communities by providing loan reimbursement
for health professionals who serve in those communities.
SECTION 51. Section 487.554(a), Government Code, is amended
to read as follows:
(a) The commissioner [board] shall establish a program in
the department to assist communities in recruiting health
professionals to practice in medically underserved communities by
providing a stipend to health professionals who agree to serve in
those communities.
SECTION 52. Section 487.555(e), Government Code, is amended
to read as follows:
(e) A contract under this section must provide that a health
professional who does not provide the required services to the
community or provides those services for less than the required
time is personally liable to the state for:
(1) the total amount of assistance the health
professional received from the department and the medically
underserved community;
(2) interest on the amount under Subdivision (1) at a
rate set by the commissioner [board];
(3) the state's reasonable expenses incurred in
obtaining payment, including reasonable attorney's fees; and
(4) a penalty as established by the commissioner
[board] by rule to help ensure compliance with the contract.
SECTION 53. Section 487.556, Government Code, is amended to
read as follows:
Sec. 487.556. POWERS AND DUTIES OF DEPARTMENT. (a) The
commissioner [board] shall adopt rules necessary for the
administration of this subchapter, including guidelines for:
(1) developing contracts under which loan
reimbursement or stipend recipients provide services to qualifying
communities;
(2) identifying the duties of the state, state agency,
loan reimbursement or stipend recipient, and medically underserved
community under the loan reimbursement or stipend contract;
(3) determining a rate of interest to be charged under
Section 487.555(e)(2);
(4) ensuring that a loan reimbursement or stipend
recipient provides access to health services to participants in
government-funded health benefits programs in qualifying
communities;
(5) encouraging the use of telecommunications or
telemedicine, as appropriate;
(6) prioritizing the provision of loan reimbursements
and stipends to health professionals who are not eligible for any
other state loan forgiveness, loan repayment, or stipend program;
(7) prioritizing the provision of loan reimbursements
and stipends to health professionals who are graduates of health
professional degree programs in this state;
(8) encouraging a medically underserved community
served by a loan reimbursement or stipend recipient to contribute
to the cost of the loan reimbursement or stipend when making a
contribution is feasible; and
(9) requiring a medically underserved community
served by a loan reimbursement or stipend recipient to assist the
department in contracting with the loan reimbursement or stipend
recipient who will serve that community.
(b) The commissioner [board] by rule may designate areas of
the state as medically underserved communities.
(c) The commissioner [board] shall make reasonable efforts
to contract with health professionals from a variety of different
health professions.
SECTION 54. Section 487.601, Government Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Commissioner" means the commissioner of the
Department of State Health Services.
(1-a) "Department" means the Department of State
Health Services.
(1-b) "Physician" means a person licensed to practice
medicine in this state under Subtitle B, Title 3, Occupations Code.
SECTION 55. Section 487.608(a), Government Code, is amended
to read as follows:
(a) The rural physician relief advisory committee is
composed of the following members appointed by the commissioner
[board]:
(1) a physician who practices in the area of general
family medicine in a rural county;
(2) a physician who practices in the area of general
internal medicine in a rural county;
(3) a physician who practices in the area of general
pediatrics in a rural county;
(4) a representative from an accredited Texas medical
school;
(5) a program director from an accredited primary care
residency program;
(6) a representative from the Texas Higher Education
Coordinating Board; and
(7) a representative from the Texas Medical Board.
SECTION 56. Section 487.651, Government Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Department" means the Texas Department of
Housing and Community Affairs.
SECTION 57. Subchapter P, Chapter 487, Government Code, is
amended by adding Section 487.7011 to read as follows:
Sec. 487.7011. DEFINITION. In this subchapter,
"department" means the Texas Department of Housing and Community
Affairs.
SECTION 58. Section 487.751, Government Code, is amended to
read as follows:
Sec. 487.751. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Department" means the Texas Department of Housing
and Community Affairs.
(2) "Rural [, "rural] county" means a county that has a
population of not more than 125,000.
SECTION 59. Section 490A.003(a), Government Code, is
amended to read as follows:
(a) The founding members of the network are:
(1) the Texas AgriLife [Cooperative] Extension
Service of The Texas A&M University System;
(2) the IC2 Institute at The University of Texas at
Austin;
(3) the College of Agricultural Sciences and Natural
Resources at Texas Tech University;
(4) the Department of Agriculture;
(5) the Texas Workforce Commission;
(6) the Texas Department of Housing and Community
[Rural] Affairs;
(7) the Texas Center for Rural Entrepreneurship;
(8) the Texas Economic Development Council;
(9) CoSERVE at The University of Texas--Pan American;
(10) the office of external affairs at Texas Southern
University; and
(11) the John F. Baugh Center for Entrepreneurship at
Baylor University.
SECTION 60. Section 531.02172(b), Government Code, is
amended to read as follows:
(b) The advisory committee must include:
(1) representatives of health and human services
agencies and other state agencies concerned with the use of
telemedical consultations in the Medicaid program and the state
child health plan program, including representatives of:
(A) the commission;
(B) the Department of State Health Services;
(C) [the Texas Department of Rural Affairs;
[(D)] the Texas Department of Insurance;
(D) [(E)] the Texas Medical Board;
(E) [(F)] the Texas Board of Nursing; and
(F) [(G)] the Texas State Board of Pharmacy;
(2) representatives of health science centers in this
state;
(3) experts on telemedicine, telemedical
consultation, and telemedicine medical services or telehealth
services; and
(4) representatives of consumers of health services
provided through telemedical consultations and telemedicine
medical services or telehealth services.
SECTION 61. Section 535.051(b), Government Code, is amended
to read as follows:
(b) The chief administrative officer of each of the
following state agencies, in consultation with the governor, shall
designate one employee from the agency to serve as a liaison for
faith- and community-based organizations:
(1) [the Office of Rural Community Affairs;
[(2)] the Texas Commission on Environmental Quality;
(2) [(3)] the Texas Department of Criminal Justice;
(3) [(4)] the Texas Department of Housing and
Community Affairs;
(4) [(5)] the Texas Education Agency;
(5) [(6)] the Texas Juvenile Probation Commission;
(6) [(7)] the Texas Veterans Commission;
(7) [(8)] the Texas Workforce Commission;
(8) [(9)] the Texas Youth Commission; and
(9) [(10)] other state agencies as determined by the
governor.
SECTION 62. Section 614.152(3), Government Code, is amended
to read as follows:
(3) "State fire agency" means the:
(A) firefighters' pension commissioner;
(B) [Texas] Department of State Health Services
[Rural Affairs];
(C) service;
(D) Texas Commission on Fire Protection;
(E) Texas Engineering Extension Service of The
Texas A&M University System; and
(F) Texas State Fire Marshal's Office of the
Texas Department of Insurance.
SECTION 63. Section 772.011(b), Government Code, is amended
to read as follows:
(b) The work group is composed of the heads of the following
agencies or their designees:
(1) the [Texas] Department of Agriculture [Rural
Affairs];
(2) the Texas Department of Housing and Community
Affairs;
(3) the Texas Water Development Board;
(4) the Texas Department of Transportation;
(5) the Texas Commission on Environmental Quality;
(6) the Texas Workforce Commission;
(7) the Department of State Health Services;
(8) the Health and Human Services Commission;
(9) the General Land Office;
(10) the Texas Education Agency;
(11) the Texas Economic Development and Tourism
Office;
(12) the Office of State-Federal Relations;
(13) the Texas Higher Education Coordinating Board;
(14) the attorney general's office;
(15) the secretary of state's office;
(16) the Department of Public Safety; and
(17) the Railroad Commission of Texas.
SECTION 64. Section 775.002(d), Government Code, is amended
to read as follows:
(d) The following agencies shall designate an officer or
employee of the agency to serve as the agency's liaison for colonia
initiatives:
(1) the office of the attorney general;
(2) the Department of State Health Services;
(3) the Texas Department of Housing and Community
Affairs;
(4) the Texas Commission on Environmental Quality;
(5) the Texas Water Development Board;
(6) [the Texas Department of Rural Affairs;
[(7)] the Office of State-Federal Relations;
(7) [(8)] the Texas Department of Insurance; and
(8) [(9)] the Texas Department of Transportation.
SECTION 65. Section 2306.034(b), Government Code, is
amended to read as follows:
(b) A person may not be a member of the board and may not be a
department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of rural
affairs, banking, real estate, housing development, or housing
construction; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of rural
affairs, banking, real estate, housing development, or housing
construction.
SECTION 66. Section 2306.1092(b), Government Code, is
amended to read as follows:
(b) The council is composed of 15 [16] members consisting
of:
(1) the director;
(2) one representative from each of the following
agencies, appointed by the head of that agency:
(A) [the Office of Rural Community Affairs;
[(B)] the Texas State Affordable Housing
Corporation;
(B) [(C)] the Health and Human Services
Commission;
(C) [(D)] the Department of Assistive and
Rehabilitative Services;
(D) [(E)] the Department of Aging and Disability
Services; and
(E) [(F)] the Department of State Health
Services;
(3) one representative from the Department of
Agriculture who is:
(A) knowledgeable about the Texans Feeding
Texans and Retire in Texas programs or similar programs; and
(B) appointed by the head of that agency;
(4) one member who is:
(A) a member of the Health and Human Services
Commission Promoting Independence Advisory Committee; and
(B) appointed by the governor; and
(5) one representative from each of the following
interest groups, appointed by the governor:
(A) financial institutions;
(B) multifamily housing developers;
(C) health services entities;
(D) nonprofit organizations that advocate for
affordable housing and consumer-directed long-term services and
support;
(E) consumers of service-enriched housing;
(F) advocates for minority issues; and
(G) rural communities.
SECTION 67. Section 86.011, Health and Safety Code, is
amended to read as follows:
Sec. 86.011. BREAST CANCER SCREENING. (a) In this section,
"department" means the Department of State Health Services.
(b) The department [Texas Department of Rural Affairs] may
provide for breast cancer screening in counties with a population
of 50,000 or less.
(c) [(b)] The department [Texas Department of Rural
Affairs] may provide the breast cancer screening through contracts
with public or private entities to provide mobile units and on-site
screening services.
[(c) The Texas Department of Rural Affairs shall coordinate
the breast cancer screening with programs administered by the Texas
Cancer Council.]
SECTION 68. Sections 775.083(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) On or before January 1 of each year, a district shall
file with the [Texas] Department of State Health Services [Rural
Affairs] an annual report that includes the following:
(1) the district's name;
(2) the name of each county in which the district is
located;
(3) the district's business address;
(4) the name, mailing address, and term of office of
each commissioner;
(5) the name, mailing address, and term of office of
the district's general manager, executive director, and fire chief;
(6) the name of each legal counsel or other consultant
for the district; and
(7) the district's annual budget and tax rate for the
preceding fiscal year.
(b) The [Texas] Department of State Health Services [Rural
Affairs] may not charge a fee for filing the report.
(c) The [Texas] Department of State Health Services [Rural
Affairs] shall develop and maintain an Internet-based system that
enables:
(1) a district to securely file the report and update
the district's information; and
(2) the public to view, in a searchable format, the
reports filed by districts under this section.
SECTION 69. Sections 776.083(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) On or before January 1 of each year, a district shall
file with the [Texas] Department of State Health Services [Rural
Affairs] an annual report that includes the following:
(1) the district's name;
(2) the name of each county in which the district is
located;
(3) the district's business address;
(4) the name, mailing address, and term of office of
each commissioner;
(5) the name, mailing address, and term of office of
the district's general manager, executive director, and fire chief;
(6) the name of each legal counsel or other consultant
for the district; and
(7) the district's annual budget and tax rate for the
preceding fiscal year.
(b) The [Texas] Department of State Health Services [Rural
Affairs] may not charge a fee for filing the report.
(c) The [Texas] Department of State Health Services [Rural
Affairs] shall develop and maintain an Internet-based system that
enables:
(1) a district to securely file the report and update
the district's information; and
(2) the public to view, in a searchable format, the
reports filed by districts under this section.
SECTION 70. Section 204.104, Occupations Code, is amended
to read as follows:
Sec. 204.104. RURAL PHYSICIAN ASSISTANT LOAN REIMBURSEMENT
PROGRAM. (a) In this section, "department" means the Department of
State Health Services.
(b) A program shall be established to provide student loan
reimbursement for graduates of physician assistant training
programs from any state who practice in rural health professional
shortage areas and medically underserved areas identified by the
department [Texas Department of Health]. The physician assistant
board shall fund the program by designating annually a portion of
the revenue generated under this chapter from physician assistant
licensing fees.
(c) [(b)] The department [Texas Department of Rural
Affairs] shall establish policies for and adopt rules to administer
the loan program.
(d) [(c)] The physician assistant board shall authorize and
the medical board shall transfer annually the funds designated
under Subsection (b) [(a)] to the department [Texas Department of
Rural Affairs] to administer the loan program.
SECTION 71. The following provisions are repealed:
(1) Section 12.040(f), Agriculture Code;
(2) Subchapter A, Chapter 487, Government Code;
(3) Subchapter B, Chapter 487, Government Code;
(4) Section 487.052, Government Code;
(5) Section 487.055, Government Code; and
(6) Section 487.058, Government Code.
SECTION 72. (a) On September 1, 2011, or as soon as
practicable after that date, the Texas Department of Rural Affairs,
Texas Department of Housing and Community Affairs, Department of
State Health Services, and Department of Agriculture shall enter
into a memorandum of understanding that provides a comprehensive
plan to ensure the orderly transition of all programs operated by
the Texas Department of Rural Affairs to those agencies. The
memorandum of understanding must provide for:
(1) the transfer of the community development block
grant nonentitlement program to the Texas Department of Housing and
Community Affairs;
(2) the transfer of the rural health programs to the
Department of State Health Services; and
(3) the transfer of the renewable energy demonstration
pilot program and the desalination program to the Department of
Agriculture.
(b) This section takes effect September 1, 2011.
SECTION 73. (a) On the effective date of this Act, the
Texas Department of Rural Affairs is abolished and all powers,
duties, obligations, rights, contracts, bonds, appropriations,
records, property, and personnel of those agencies are transferred
to the Texas Department of Housing and Community Affairs,
Department of State Health Services, and Department of Agriculture
as provided for in the memorandum of understanding described by
Section 72 of this Act.
(b) A rule, policy, procedure, or decision of the Texas
Department of Rural Affairs continues in effect as a rule, policy,
procedure, or decision of the Texas Department of Housing and
Community Affairs, Department of State Health Services, or
Department of Agriculture, as appropriate, until superseded by an
act of that agency.
SECTION 74. Except as otherwise provided by this Act, this
Act takes effect September 1, 2012.