2013 Legislation related to CSPH priorities

2013 Legislation related to CSPH priorities

(Last Updated April 29, 2013)

TMA’s Public Health Department is tracking at least 300 pieces of legislation this session on public health and science issues in Texas. The following is a list of bills that relate to the priorities of TMA’s Council on Science and Public Health and its committees. For more information on TMA advocacy this session, including a list of testimony and letters, please visit the TMA Advocacy page. You can email or call Margaret Mendez or your TMA Committee staff person if you have questions on any legislation.

Immunization ● Obesity ● Mental Health and Substance Abuse Disorders ● Violence, Victimization and Unintentional Injury ● Tobacco ● Environmental Health ● Unplanned Pregnancy ● Other Bills of Interest

Items marked in bold have at least received a hearing in committee. Bills with an asterisk (*) have corresponding budget amendments that were recently approved by the House.

Immunization Bills to Watch:

SB 40 Zaffirini/HB 772 Howard, Changes the state’s immunization registry from an opt-in to an opt-out system.

SB 63 Nelson, Allows a pregnant minor or a minor parent to consent to their own immunizations.

HB 565 Laubenberg/ SB 62 Nelson, Allows college students over age 22 to be exempt from the bacterial meningitis vaccination requirement and directs students seeking exemption to use DSHS’ standard vaccine exemption affidavit form.

HB 1150 Zerwas/SB 64 Nelson, Requires childcare facilities to have a policy on employee vaccination.

HB 1310 Button, Allows physicians to deduct vaccine purchase cost from taxable revenues.

HB 1340 Rose, Allows certain minors to consent to their own immunizations.

HB 1611 Perez, Extends the date by which an incoming college student is required to be vaccinated for meningococcal disease.

HB 2222 Wu, Lowers the minimum patient age for administration of an immunization by a pharmacist from 14 years to 7 years of age.

HB 2711 Perez/SB 1054 Watson, Changes the age of new entering college students that have to show proof of vaccination for bacterial meningitis to age 20 years or younger.

HB 2938 Laubenberg/SB 1013 Taylor, Changes the current physician oversight requirements regarding vaccination by a pharmacist and lowers the minimum patient age to 7 years.

Obesity Bills to Watch:

HB 128 Raymond, Directs DSHS to create a grant program to support programs related to childhood health, fitness, and obesity prevention.

SB 134 and SB 65 Nelson, Recognizes public schools with successful health and fitness programs and increases physical education and health education requirements for students.

HB 275, HB 276, Alvarado, Adds requirements related to health education, physical education, and physical activity for students.

HB 277 Alvarado/SB 525 Rodriguez J, Increases physical activity requirements for middle school students.

SB 317 Uresti/HB 217 Alvarado , Limits access to unhealthy beverages in schools.

SB 493 Lucio, Imposes a tax on certain sweetened beverages and ingredients used to make certain sweetened beverages.

HB 523 Canales, Prohibits the purchase of energy drinks under the supplemental nutrition assistance program.

SB 684 Deuell/HB 2052 Phillips, Makes Fitnessgram testing in schools optional instead of required.*

HB 779 Farias, Imposes a tax on certain sweetened beverages to raise money for the promotion of children's health programs.

SB 924 Lucio, Requires the state to develop a strategic plan that addresses hunger, food, nutrition, and obesity in Texas.

HB 948 King S, Seeks to implement a 5-year pilot project to restrict the purchase of foods of minimal nutritional value under SNAP.

HB 1156 Bonnen, eliminates Fitnessgram testing in schools.*

HB 2020 Crownover, Allows state agencies to provide financial incentives for employee participation in state wellness programs.*

HB 3705 Rodriguez, Creates a pilot program to incentivize and facilitate purchase of produce at farmers markets under certain nutritional assistance programs.

Related Policy: 260.007.obesity.doc 260.028.nutrition.doc 165.006.supplemental nutrition assistance program reform.doc 55.002.comprehensive school health education in all school districts.doc

Mental Health and Substance Abuse Disorders Bills to Watch:

SB 35 and SB 36 Zaffirini, Allows mentally ill patients in a residential care facility to refuse psychoactive medication in non-emergent situations and puts further restrictions on the ability to detain a mentally ill person in a jail during an emergency situation.

SB 126 Nelson, Establishes a public reporting system of performance and outcome measures relating to state mental health and substance abuse services.

HB 144 Raymond, Authorizes children entering the juvenile justice system to be examined for chemical dependency and receive referral for treatment services.

HB 594 Naishtat, Creates a defense for possession of marijuana if it was recommended to the person by their physician. Physicians may not be punished simply for making the recommendation.

SB 718 West/HB 1948 Burkett, Allows 16 & 17 year olds to voluntarily admit themselves for either inpatient or outpatient services.

SB 769 Uresti, Authorizes a pilot program to provide training to foster parents of children who have been traumatized or have serious mental health needs.

SB 955 Schwertner, Authorizes a grant program for local mental health authorities to provide a mental health first aid training program.

SB 1185 Huffman, Creates a mental health jail diversion pilot program in Harris county.

HB 1191 Burkett and HB 3766 Coleman, Requires the state to provide information on housing options for persons with mental illness.

HB 1745 Naishtat, Requires the reporting of an attempted suicide by an emergency medical care facility or hospital and allows some of the reported information to be released for the purposes of suicide prevention efforts.

HB 1947 Burkett/SB 1594 Zaffirini, Provides a definition for 'gravely disabled' as a result of mental illness.

HB 2349 Zerwas, Seeks to set up competency restoration and conditional release programs for certain criminal defendants.

HB 2392 Menendez/SB 898 Van de Putte, Creates a mental health intervention program for veterans.

HB 2401 McClendon, Requires funding of community-based alternatives to inpatient mental health services.

HB 2477 Alvarado/SB 1352 Van de Putte, Adds mental health concerns to the existing state and local coordinated school health efforts.

HB 2887 Davis J/SB 1804 Huffman, Seeks to establish community collaboratives to provide services for those who are homeless, mentally ill, and or have substance abuse problems.

HB 3118 Burkett/SB 646 Deuell, Requires court-ordered outpatient mental health treatment programs to include services to assist the patient in functioning safely in the community.

HB 3225 and HB 3224 Coleman, SB 1307 Davis, SB 460 and SB 1178Deuell, Adds training requirements for public school educators on identifying mental illness among students.

HB 3684 Naishtat/SB 421 Zaffirini, Establishes a consortium to oversee development of local mental health systems of care in communities for minors who are receiving residential mental health services or inpatient mental health hospitalization.*

HB 3741 Burnam, Provides an education program for firearms dealers about mental illness, including signs of mental illness, and allows dealers to refuse sale of a firearm to a person showing signs of mental illness.

Emergency Detention Bills: HB 245 Menendez, SB 937 West, HB 2186 Workman, HB 2618 Naishtat

Prohibiting Dangerous Synthetic Substances: HB 124 Anderson, HB 1333 Perry, SB 263 Huffman/HB 1671 Carter, SB 264 Huffman/HB 1670 Carter

Violence, Victimization and Unintentional Injury Bills to Watch:

SB 66 Nelson, Adds an EMS provider and an advocate for victims of family violence to the list of members of the child fatality review team committee.

HB 68 Lucio III, Requires cognitive-linguistic or neurocognitive assessments for student athletes.

HB 218 Alvarado, Prohibits the manufacture and sale of certain children's products containing bisphenol-A or certain other substances.

HB 295 Rodriguez, Creates a commission to study drowsy driving.

HB 301 Rodriguez, Requires inclusion of a bittering agent in engine coolant.

HB 790 Turner, S and HB 104 Gonzales, L, Repeals the driver responsibility program related to drunk driving.*

HB 897 Zerwas/SB 261 Hinojosa, Makes instruction in CPR and the use of AEDs a requirement for high school graduation.

HB 2620 Collier/SB 1174 Deuell, Creates a state task force on domestic violence.

Gun Bills: HB 223 Huberty, HB 700 Lavender, HB 706 Capriglione, HB 972 Fletcher/SB182 Birdwell, HB 1078 Kleinschmidt, HB 1194 Paddie, HB 1298 Stickland, HB 1313 Creighton, HB 2381 Isaac, and HB 3218 Springer

Wireless Communication Bills: HB 27 Martinez Fischer, HB 41 Menendez, HB 63 Craddick/SB 28 Zaffirini, HB 108 Harless, HB 347 Pitts, HB 69 Lucio III

Tobacco Bills to Watch:

SB 86 Ellis/ HB 400 Crownover, Prohibits smoking in certain workplaces and public places.

SB 313 Uresti, Raises the minimum age for purchase of cigarettes or tobacco products to age 21.

SB 934 Davis, Ties the tax rate on cigarettes, cigars, and other tobacco products to the consumer price index.

HB 2453 Zerwas/SB 1136 Hinojosa, Imposes a fee on the sale of cigarette tobacco products manufactured by companies not included in the tobacco settlement agreements of 1997 and 1998.

HB 3536 Otto, Imposes a fee on the sale of cigarette tobacco products manufactured by companies not included in the tobacco settlement agreements of 1997 and 1998 and provides penalties for non-compliance.

Environmental Health Bills to Watch:

HB 448 Dukes, Requires operators of hydraulic fracturing to mail a list of the chemicals to be used in the treatment to persons residing near the well.

HB 993 Guillen, Gives the Parks and Wildlife Department authority to post an advisory if a public body of water is found to contain 0.3mg /kg mercury or more.

Unplanned Pregnancy Bills to Watch:

HB 755 Davis, Requires the state to study the effect of the 2011 family planning cuts on birth rates in Texas.

SB 1675 Davis/ HB 2819 Thompson, Sets up a demonstration project through the medical assistance program to expand access to preventive health and family planning services for women.

HB 1709 Farrar, Seeks to continue operation of the Texas Women's Health Program using a 1115 Medicaid Waiver.

SB 1709 Davis/HB 1708 Farrar, Requires annual reporting on the capacity and service capabilities of the Texas Women's Health Program.

HB 2159/HB 2160 Gonzalez, Allows a female minor parent age 15 or older to consent to examination or medical treatment related to contraception.

HB 2161 Gonzalez, Permits women ages 15 and older to participate in the Texas Women's Health Program.

Other Bills of Interest

Some bills have been filed that do not directly relate to CSPH priorities but are relevant to the work of the Council or TMA's public health committees:

Maternal and Child Health:

HB 15 Kolkhorst, Sets up a task force to develop level of care designations for hospitals that provide neonatal and maternal services.

SB 97 Patrick, Prohibits off-label use of abortion-inducing drugs.

HB 392 Thompson and SB 253 Deuell, Requires a pulse oximetry screening test as part of newborn screening for congenital heart defects.

HB 446 Dukes, Requires providers to share information about fetal alcohol syndrome to pregnant patients.

SB 495 Huffman/HB 1085 Walle, Establishes a state-wide task force to review and study cases of maternal mortality and severe maternal morbidity in Texas.

HB 598 Zerwas /SB 329 Huffman, Prohibits anyone under age 18 from using a tanning facility.

HB 740 Crownover, Includes Critical Congenital Heart Defect screening in the state's newborn screening program.

HB 741 Walle and HB 1706 Farrar, Strengthens the rights of breastfeeding mothers in public and in the workplace.*

HB 1507 Zerwas, Establishes additional minimum standards for midwives and birthing centers.

HB 2945 Davis, Removes of the risk of breast cancer as part of a woman's informed consent for an abortion.

HB 3745 Farrar, Requires that the informational material provided to a woman prior to abortion conform to the standards of the National Institute of Health, and that the term "unborn child" be replaced with medically accurate terminology.

Infectious Diseases:

HB 46 Flynn, Allows the sale of raw milk at farmers markets and fairs.

SB186 Carona/HB 832 Giddings, Allows public health officials to carry out mosquito control procedures on vacant private property.

HB 910 Kolkhorst, Allows individuals and farmers to obtain permits to sell prepared food directly to consumers at a farmers market.

HB 970 Rodriguez, Allows individuals to use their home to make certain foods for sale at or outside of the home, and expands the current list of products that may be produced by a cottage food operation.

HB 1119 Davis Y/ SB 469 Ellis, Directs health care providers to include HIV screening when running a routine medical screening using a blood sample and requires insurers to cover the cost of the HIV testing.

HB 1204 Parker, Designates October 1 as annual Influenza Awareness Day.

HB 1382 Simpson, Allows for samples of various food products, including processed foods, to be provided at farms and farmers' markets.

HB 1392 King S, Requires DSHS to respond to written requests for information on food regulation.

HB 1393 King S, Allows a food manufacturer or wholesaler to operate out of a home without requiring a partition of the business from living or sleeping areas.

SB 1499 West, Establishes a local behavioral health intervention pilot project for individuals with mental illness and/or substance use disorders, who are who have a history of recidivism in crisis services.

HB 2113 Raymond, Prohibits cottage food producers from using any ingredient not intended for human consumption.

HB 2529 and HB 3238 McClendon, Allows needle exchange pilot programs to be established in certain counties.

Cancer:

HJR 64 Laubenberg/SJR 19 Eltife, Proposes a constitutional amendment to discontinue the authority to issue bonded indebtedness on behalf of the Cancer Prevention and Research Institute of Texas.

SB 149 Nelson, Sets up new compliance and conflict of interest policies for the Cancer Prevention and Research Institute of Texas.

SB 150 Nelson, Prevents money appropriated to the cancer prevention and research fund from including proceeds from the issuance of bonds. Allows the fund to pay for debt service on bonds.

SB 386 Davis, Strengthens oversight and compliance processes for the Cancer Prevention and Research Institute of Texas.

HB 495 Hernandez Luna, Requires health plans to cover supplemental breast cancer screening.

SB 882 Ellis, Increases the percentage of funds awarded by the Cancer Prevention and Research Institute of Texas to be used for cancer prevention and control programs.

HB 951 Keffer, Strengthens compliance protocols for the Cancer Prevention and Research Institute of Texas.

HB 1915 Cortez, Requires the adoption of an ethics policy by the Cancer Prevention and Research Institute of Texas.

HB 3732 Coleman, Imposes additional requirements on the oversight committee of the Cancer Prevention and Research Institute of Texas and makes changes to contract funding requirements.

Related policy: 50.009.cancer screening.doc,

Misc:

SB 127 Nelson, Directs DSHS and the Public Health Funding Policy Committee to develop funding formulas for federal and state funds to be allocated to local health departments and health service regions’ headquarters.

HB 595 Kolkhorst, Requires the repeal or review of certain government health programs, panels, councils, systems, foundations, centers, committees, and divisions under the Texas Sunset Act.

Related Policy: 260.049.public health services and training.doc, 120.008.health system reform public health funding.doc

Last Updated On

June 17, 2016

Originally Published On

February 27, 2013

2013 Legislation related to CSPH priorities

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