HEALTH AND SAFETY CODE CHAPTER 117. PUBLIC HEALTH FUNDING AND POLICY COMMITTEE

	
					
HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS

CHAPTER 117.  PUBLIC HEALTH FUNDING AND POLICY COMMITTEE

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 117.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(46), eff. April 2, 2015.
(2)  "Committee" means the Public Health Funding and Policy Committee established under Section 117.051.
(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(46), eff. April 2, 2015.
(4)  "Local health department" means a local health department established under Subchapter D, Chapter 121.
(5)  "Local health entity" means a local health unit, a local health department, or a public health district.
(6)  "Local health unit" has the meaning assigned by Section 121.004.
(7)  "Public health district" means a health district established under Subchapter E, Chapter 121.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(46), eff. April 2, 2015.

Sec. 117.002.  APPLICATION OF SUNSET ACT.  The Public Health Funding and Policy Committee is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the committee is abolished and this chapter expires September 1, 2027.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.06, eff. June 10, 2019.

Sec. 117.003.  ADMINISTRATIVE COSTS.  To the extent that a term or condition of a federal grant or federal law does not limit the use of federal grant money, the department or a local health entity may use federal grant money to pay the administrative costs incurred by the department or the local health entity in implementing and administering this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

SUBCHAPTER B.  ESTABLISHMENT OF COMMITTEE

Sec. 117.051.  ESTABLISHMENT OF COMMITTEE.  The commissioner shall establish the Public Health Funding and Policy Committee within the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.052.  APPOINTMENT OF MEMBERS.  (a)  The commissioner shall appoint nine members to the committee as follows:
(1)  two regional health directors, each of whom is serving as a health authority in a municipality or county;
(2)  one local health entity representative of a municipality or county with a population of 50,000 or less;
(3)  one local health entity representative from a municipality or county with a population greater than 50,000 but less than 250,000;
(4)  one local health entity representative from a municipality or county with a population of at least 250,000;
(5)  two local health entity representatives, each of whom serves in a municipality or county as the health authority; and
(6)  two representatives of schools of public health at institutions of higher education in this state.
(b)  In making appointments under Subsections (a)(2), (3), (4), and (5), the commissioner shall select the members from nominations by associations representing local health departments, county governments, and municipal governments.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.053.  TERMS; VACANCY.  (a)  Committee members serve staggered six-year terms, with the terms of three members expiring on February 1 of each odd-numbered year.
(b)  If a vacancy occurs on the committee, a person shall be appointed to fill the vacancy for the unexpired term in the same manner as the original appointment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.054.  COMPENSATION AND REIMBURSEMENT.  A committee member is not entitled to compensation for service on the committee and is not entitled to reimbursement for any travel expenses.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.055.  PRESIDING OFFICER.  The presiding officer is elected by a majority vote of all the committee members.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.056.  MEETINGS.  (a)  The committee shall meet at least quarterly or more frequently at the call of the presiding officer.
(b)  To ensure appropriate representation from all areas of this state, the committee may meet by videoconference or telephone conference call.  A meeting held by videoconference or telephone conference call under this subsection must comply with the requirements applicable to a telephone conference call under Sections 551.125(c), (d), (e), and (f), Government Code.  Sections 551.125(b) and 551.127, Government Code, do not apply to the committee.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

SUBCHAPTER C.  DUTIES OF COMMITTEE

Sec. 117.101.  GENERAL DUTIES OF COMMITTEE.  (a)  The committee shall:
(1)  define the core public health services a local health entity should provide in a county or municipality;
(2)  evaluate public health in this state and identify initiatives for areas that need improvement;
(3)  identify all funding sources available for use by local health entities to perform core public health functions;
(4)  establish public health policy priorities for this state; and
(5)  at least annually, make formal recommendations to the department regarding:
(A)  the use and allocation of funds available exclusively to local health entities to perform core public health functions;
(B)  ways to improve the overall public health of citizens in this state;
(C)  methods for transitioning from a contractual relationship between the department and the local health entities to a cooperative-agreement relationship between the department and the local health entities; and
(D)  methods for fostering a continuous collaborative relationship between the department and the local health entities.
(b)  Recommendations made under Subsection (a)(5)(A) must be in accordance with:
(1)  prevailing epidemiological evidence, variations in geographic and population needs, best practices, and evidence-based interventions related to the populations to be served;
(2)  state and federal law; and
(3)  federal funding requirements.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.102.  PUBLIC TESTIMONY.  (a)  At least semiannually, the committee shall:
(1)  invite public health stakeholders, including federal public health officials, county and municipal governments, schools of public health at institutions of higher education, and federally qualified health centers, to give oral or written testimony to the committee; and
(2)  provide opportunities for the general public to give oral or written testimony to the committee.
(b)  The committee shall consult with public health stakeholders to carry out the general duties of the committee.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.103.  ANNUAL REPORT.  Beginning in 2012, not later than November 30 of each year the committee shall file a report on the implementation of this chapter with the governor, the lieutenant governor, and the speaker of the house of representatives.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.104.  SUPPORT STAFF.  Using existing personnel and videoconferencing equipment, local health entities or their designees may assist the committee in the performance of its duties under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.105.  OPEN MEETINGS ACT.  Except as provided by Section 117.056, the committee is subject to Chapter 551, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

SUBCHAPTER D.  POWERS AND DUTIES OF DEPARTMENT

Sec. 117.151.  ANNUAL REPORT.  (a)  Beginning in 2012, not later than November 30 of each year the department shall file an annual report with the governor, the lieutenant governor, and the speaker of the house of representatives detailing:
(1)  the implementation of the committee's recommendations described in Section 117.101(a)(5); and
(2)  an explanation of the department's reasons for not implementing a recommendation.
(b)  A decision by the department not to implement a recommendation of the committee must be based on:
(1)  a lack of available funding;
(2)  evidence that the recommendation is not in accordance with prevailing epidemiological evidence, variations in geographic and population needs, best practices, or evidence-based interventions related to the populations to be served;
(3)  evidence that implementing the recommendation would violate state or federal law; or
(4)  evidence that the recommendation would violate federal funding requirements.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.

Sec. 117.152.  COLLABORATIVE RELATIONSHIP WITH LOCAL HEALTH ENTITIES.  The department shall establish a continuous collaborative relationship with local health departments.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 1, eff. September 1, 2011.