HBA-NMO H.B. 1311 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1311
By: Delisi
Public Health
2/24/1999
Introduced


BACKGROUND AND PURPOSE 

In August, 1997, the House Committee on Public Health was charged with
studying the effects of cardiovascular disease in Texas.  A subcommittee
assessed the ways to reduce the morbidity, mortality, and economic burden
of cardiovascular disease and stroke.  The committee found that
cardiovascular disease is the number one cause of death in Texas, and that
stroke is the number three cause of death.  It is estimated that
cardiovascular disease and stroke cost the state approximately $9 billion a
year.  H.B. 1311 creates the Council on Cardiovascular Disease and Stroke
(council), composed of twelve members appointed by the Texas Board of
Health.  This bill requires the council to develop a plan to reduce the
morbidity, mortality, and economic burden of cardiovascular disease and
stroke in this state.       

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle D, Title 2, Health and Safety Code, by adding
Chapter 93, as follows: 

CHAPTER 93.  PREVENTION OF CARDIOVASCULAR
DISEASE AND STROKE

SUBCHAPTER A.  GENERAL PROVISIONS

Sec.  93.001.  DEFINITIONS.  Defines "cardiovascular disease" as the group
of diseases that target the heart and blood vessels and that are the result
of complex interactions between multiple inherited traits and environmental
factors.  Defines "council" as the Council on Cardiovascular Disease and
Stroke. 

Sec.  93.002.  APPOINTMENT OF COUNCIL; TERMS OF MEMBERS.  Provides that the
council is composed of 12 members appointed by the Board of Health (board).
Provides that members of the council serve staggered six-year terms with
the terms of one-third of the members expiring February 1 of each
odd-numbered year. 

Sec.  93.003.  COMPENSATION; REIMBURSEMENT.  Prohibits a member of the
council from receiving compensation for service on the council, and, except
as authorized by the commissioner of public health under specified
conditions, prohibits a member from being reimbursed for travel expenses
incurred while conducting the business of the council. 

Sec.  93.004.  DUTIES OF DEPARTMENT; FUNDS.  Requires the Texas Department
of Health (TDH) to accept funds appropriated for the purposes of this
chapter and allocate those funds.  Requires the council to make
recommendations to the department concerning the allocation of funds. 

Sec.  93.005.  CONSULTANTS; ADVISORY COMMITTEE. Authorizes the council to
appoint one or more consultants or advisory committees under Chapter 2110
(State Agency Advisory Committees), Government Code. 
 
Sec.  93.006.  REPORT TO BOARD AND LEGISLATURE.  Requires the council, not
later than January 15 of each year, to report to the board on the
activities of the council in the preceding calendar year.  Requires the
council, not later than January 15 of each oddnumbered year, to report to
the lieutenant governor and the speaker of the house of representatives on
the activities of the council in the preceding two calendar years. 

SUBCHAPTER B.  POWERS AND DUTIES OF COUNCIL

Sec.  93.051.  CARDIOVASCULAR DISEASE AND STROKE PREVENTION; DUTIES OF
COUNCIL.  Requires the council to develop a plan to reduce the morbidity,
mortality, and economic burden of cardiovascular disease and stroke in this
state. Specifically requires the council to conduct, promote, enhance, and
coordinate education, awareness, and outreach activities; coordinate with
other entities concerned with similar diseases; identify to others the
benefits of treatment, prevention, and awareness and recognize programs
that improve treatment, prevention, and awareness; provide guidance;
improve access to treatment and prevention; assist communities in the
development of prevention programs; assist  the Texas Education Agency and
local school districts to promote curriculum relating to prevention; and
evaluate and enhance the effectiveness of the plan.  

Sec.  93.052.  DATABASE OF CLINICAL RESOURCES.  Requires the council to
review available clinical resources and requires the development of a
database of recommendations for appropriate care and treatment of patients
with cardiovascular disease or who have suffered from or are at risk for
stroke.  Requires the council to make the database accessible to the
public. 

Sec.  93.053.  CARDIOVASCULAR DISEASE AND STROKE DATABASE.  Requires the
council to collect and analyze information related to cardiovascular
disease and stroke at the state and regional level, and, to the extent
feasible, at the local level.  Requires the council to maintain a database
of this information.  Authorizes the database to contain certain
information.  Authorizes the council, in compiling the database, to use
certain information sources.  Authorizes the council, as necessary, to
identify and collect additional information to include in the database. 

Sec.  93.054.  INFORMATION RECEIVED FROM ANOTHER STATE AGENCY;
CONFIDENTIALITY.  Authorizes the council, in order to perform its duties
under this chapter, to request and receive information in the possession of
any state agency.  Provides that information provided to the council under
this subsection is subject to any restriction on disclosure or use of the
information that is imposed by law on the agency from which the council
obtained the information.  Provides that information in the possession of
the council that identifies a patient or that is otherwise confidential
under law is confidential, is  excepted from required public disclosure
under Chapter 552 (Public Information), Government Code, and is prohibited
from being disclosed for any purpose. 

SECTION 2.  Requires the commissioner of public health, in appointing the
initial members of the council, to appoint four persons to terms expiring
February 1, 2001; four to terms expiring February 1, 2003; and four to
terms expiring February 1, 2005. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.