HBA-EDN H.B. 3154 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3154
By: Capelo
State Affairs
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

Asthma is a serious, chronic lung disease characterized by airway
inflammation and swelling, bronchial constriction, airway mucus production,
and airway hypersensitivity to stimuli.  An allergy is the hypersensitive
reaction by the body to foreign substances that in similar amounts and
circumstances would be harmless in other people's bodies.  Texas has little
state-specific data on these two diseases and no state plan for research,
diagnosis, treatment, and management.  It may be beneficial for Texas to
compile data related to asthma and allergies and to generate such a plan.
House Bill 3154 creates the Texas Asthma and Allergy Council to address
these needs. 

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. 

ANALYSIS

House Bill 3154 amends the Health and Safety Code to create the Texas
Asthma and Allergy Council (council) and to set forth standard Sunset
Advisory Commission recommendations for the council regarding public
representation, conflicts of interest, equal employment, member removal,
designation of a presiding officer, standards of conduct, member training,
policy implementation, maintenance of written complaints, and development
of an equal employment policy. 

H.B. 3154 sets forth provisions relating to the composition of the council,
and the terms, compensation, and meetings of council members (Secs.
110.004, 110.006, 110.008, and 110.012).  The bill requires the council to: 

_assist with the implementation of and continually monitor and assist in
revising the Texas Asthma Plan and the Texas Allergy Plan as necessary; 

_create an asthma and an allergy educator certification process;

_assess the impact, including the financial impact, of asthma and allergies
in Texas; 

_compile data related to asthma and allergies;

_provide expertise related to indoor air quality;

_assist in smoking cessation programs;

_assist public schools in dealing with children with asthma and allergies;

_act as a repository for asthma and allergy projects;

 _support asthma and allergy research; and

_disseminate asthma and allergy information (Secs.  110.002 and 110.009).  

H.B. 3154 requires, as soon as possible on or after the effective date of
the Act, the initial appointments and designations to the council to be
made as follows: 

_the governor to appoint a physician active in the treatment of asthma, a
physician active in the treatment of allergies, and the parent of a child
with a food allergy for a term expiring February 1, 2003; 

_the speaker of the house of representatives to appoint a physician active
in the treatment of asthma and a physician active in the treatment of
allergies for a term expiring February 1, 2005; 

_the lieutenant governor to appoint a physician active in the treatment of
asthma and a physician active in the treatment of allergies for a term
expiring February 1, 2007; 

_the American Lung Association, the Texas Medical Association, and the
Texas Hospital Association to each designate a member for a term expiring
February 1, 2003; 

_the Texas Pharmacy Association, the Texas Allergy and Immunology Society,
and Driscoll Children's Hospital to each designate a member for a term
expiring February 1, 2005; and  

_the Texas Department of Health, the Texas Asthma Coalition, the Texas
Education Agency, and the Texas Natural Resource Conservation Commission to
each designate a member for a term expiring February 1, 2007 (Sec. 110.004
and SECTION 2). 

EFFECTIVE DATE

September 1, 2001.