80^th Texas Legislature Summary

SB 7  Hinojosa   Signed by the Governor.  Effective immediately.

Relating to instruction in cardiopulmonary resuscitation, the availability and use of automated external defibrillators at certain school campuses and athletic events, and the creation of a cardiovascular screening pilot program.

This bill requires that at least one automated external defibrillator (AED) be made available at every public school campus, and school athletic competitions and practices, and that someone who knows how to use the AED be present at each location where the device is available.  Also, the bill requires training of certain school personnel and certain students in the proper use of an AED and in using CPR.  In addition, the bill  requires the State Board of Education (SBOE) to include instruction in  CPR and AED as part of the essential knowledge and skills of the health curriculum.  The bill authorizes the Texas Education Agency (TEA) to accept donations to assist in the cost of providing CPR and AED instruction, and the donations are to be made available to school districts for the purpose of providing CPR and AED instruction.   

The bill establishes a cardiac screening pilot program under which sixth grade students at participating campuses are administered a cardiovascular screening.  The bill sets forth certain selection criteria, possible funding sources, parental notification requirements, reporting requirements, the due date for a commissioner's report to the Legislature, an expiration provision, and a delegation of rulemaking authority to the commissioner.

SB 82  Van de Putte  Signed by the Governor.  Effective Immediately.

Relating to safety regulations for certain public school extracurricular activities.

 This bill requires the development and adoption of an extracurricular activity safety training program by the commissioner of education and allows for the use of resources that are currently available free of charge from non-profit organizations. The bill requires certain school personnel (coaches/trainers/sponsors) to complete the safety program which includes training in the recognition of potentially catastrophic injuries, emergency action planning, and CPR. Students participating in extracurricular activities will receive training in recognizing serious injuries and the dangers of dietary supplements. Schools that are found to be out of compliance with this bill by the school's superintendent or director will be subject to a range of penalties determined by University Interscholastic League (UIL).  This bill addresses the completion of UIL forms which will help increase awareness of possible health conditions. The bill also includes liability language that protects schools districts and its officers and employees and volunteers.

HB 1098 Bonnen  Signed by the Governor.  Effective immediately

Relating to immunization against human papillomavirus.

C.S.H.B. 1098 prohibits the immunization against HPV from being a condition for admission to any elementary or secondary school and preempts all contrary executive orders.

Amends Section 38.001, Education Code, by amending Subsection (b) and adding Subsection (b-1), as follows:

(b) Authorizes the executive commissioner of the Health and Human Services Commission (HHSC), rather than the Texas Board of Health, to modify, delete, or require certain immunizations for admission to any elementary or secondary school, subject to Subsections (b-1) and (c) (relating to certain persons for which specific immunizations are not required upon admission to an elementary or secondary school), rather than just Subsection (c).

(b-1) Provides that immunization against the human papillomavirus (HPV) is not required for a person's admission to any elementary or secondary school.  Requires HHSC, by using existing resources, to provide educational material about the HPV vaccine that is unbiased, medically and scientifically accurate, and peer reviewed, available to parents or legal guardians at the appropriate time in the immunization schedule by the appropriate school.  Provides that this subsection preempts all contrary executive orders of the governor.  Provides that this subsection expires January 11, 2011.

HB 109   Turner  Signed by the Governor.  Effective immediately.

Relating to eligibility for and information regarding the child health plan program. (CHIP)

C.S.H.B. 109 reinstates 12 months of continuous coverage instead of six months, and reinstates "income disregards" expenses that drop a family's income to the eligibility level, such as child care expenses or work related expenses.  This bill will also eliminate the assets test, and will reinstate a community outreach and education campaign to utilize school-based health clinics, community based organizations and coalitions to provide information and educate the community on CHIP, and eliminate the 90-day waiting period during all stages of the application process, unless the child was previously covered under another health benefits plan.

SB 530   Nelson  Signed by the Governor.  Effective immediately.

Relating to physical activity requirements and physical fitness assessment for certain public school students.

Provides that a school district shall require a student enrolled in kindergarten or a grade level below grade six to participate in moderate or vigorous daily physical activity for at least 30 minutes throughout the school year as part of the district's physical education curriculum or through structured activity during a school campus's daily recess.  A school district shall require students enrolled in grade levels six, seven, and eight to participate in moderate or vigorous daily physical activity for at least 30 minutes for at least four semesters during those grade levels as part of the district's physical education curriculum. If a school district determines, for any particular grade level below grade six, that requiring moderate or vigorous daily physical activity is impractical due to scheduling concerns or other factors, the district may as an alternative require a student in that grade level to participate in moderate or vigorous physical activity for at least 135 minutes during each school week.

Provides that the local school health advisory council shall consider and make policy recommendations to the district concerning the importance of daily recess for elementary school students.  The council must consider research regarding unstructured and undirected play, academic and social development, and the health benefits of daily recess in making the recommendations.  The council shall ensure that local community values are reflected in any such policy recommendation made to the district.

Provides that, not later than September 1, 2008, the Texas Education Agency, in consultation with the School Health Advisory Committee established under Section 1001.0711, Health and Safety Code, shall provide a report to the legislature that details options and recommendations for providing moderate or vigorous daily physical activity for students for at least 30 minutes outside the seven-hour instructional day.  The options and recommendations must be developed with consideration for the needs of students who are enrolled in multiple enrichment curriculum courses.

SB 415 Lucio    Signed by the Governor.  Effective immediately.

Relating to a risk assessment program for Type 2 diabetes and the creation of the Type 2 Diabetes Risk Assessment Program Advisory Committee.

• S.B. 415 renames Chapter 95, Health and Safety Code, as "RISK ASSESSMENT FOR TYPE 2 DIABETES" and deleting former title of ACANTHOSIS NIGRIGANS SCREENING. The reference to acanthosis nigrigans screening is also deleted, as conforming change, throughout the chapter where it is appropriate. 
• adds definitions for "Advisory committee", "Council", and updates the definition of "Office" by deleting reference to the "Texas Mexico Border Health Coordination Office of" in the original designation to form "The University of Texas-Pan American Border Health Office." 
• amends the title of Section 95.002 by deleting and adding terms to create the title TYPE II DIABETES EDUCATION AND RISK ASSESSMENT PROGRAM. This section requires in (a) that the office (The University of Texas-Pan American Border Health Office) administer a risk assessment program for Type 2 diabetes in accordance with the chapter. It requires in (b) that office in (b), after reviewing recommendations made by the advisory committee, by rule to coordinate the risk assessment for Type 2 diabetes of who attend public or private schools located in certain specified state regional education service centers (centers) and to efficiently use existing funds or use other funding to fund additional centers. It also deletes terms and makes conforming changes. It add in (c) to the procedures necessary to administer that the risk assessment program, including procedures that require each school to record and report risk assessment activities using specified techniques. It, in (d), requires the office to require a risk assessment for Type 2 diabetes. Also makes conforming changes by deleting language. It adds that the risk assessment should identify students with acanthosis nigricans (AN); and further assess those with AN by determining a student's body mass index (BMI) and blood pressure. It permits the office in (e) to coordinate the risk assessment for Type 2 diabetes activities of various designated entities with the addition of universities to the list of entities and adds risk assessment to clarify the programs that office assists the entities in developing. It also makes conforming change. It requires the office in (f) to provide educational and other material to assist local risk assessment activities, monitor the quality of risk assessment activities under the chapter, and consult with the Board of Nurse Examiners to determine the training requirements necessary for a nurse or other person to conduct risk assessment activities under this chapter. It makes conforming changes. It requires the office in (g) to provide on the office's Internet website information on obesity, Type 2 diabetes, and related conditions to health care providers and update the information at least annually. 
• amends the title of Section 95.003 to read as COMPLIANCE WITH RISK ASSESSMENT REQUIREMENTS. It makes conforming throughout this section, where it replaces the terms "screened", "screening", and "acanthosis nigricans" with the terms assessed, risk assessment, and Type 2 diabetes, respectively. It provides in (a) that the individual required by the rules to be assess shall undergo an approved risk assessment for Type 2 diabetes. It also requires the individual comply with the requirements at a specified time and manner, and it also provides who may substitute a professional examination for the risk assessment. It makes the above described conforming changes in (b) which also provides individuals with specified exemptions from the risk assessment process. It requires in (c) the administrator of each school ensure their school enrollees comply with the risk assessment requirements set by the office. 
• amends Section 95.004, RECORDS; REPORTS, by making conforming changes as previously described throughout this section, and this section also requires in (a) that the chief administrator maintain, on a form prescribed by the office, risk assessment records for each attendee and enter the risk assessment information for each individual on the surveillance software selected by the office. It also provides that risk assessment records are open to inspection by the office or the local health department. It allows, in (b), the office, directly or through local health departments, to enter and inspect records maintained by a school related to risk assessment for Type 2 diabetes. It allows in (c) transfer and sets out the way records may be transferred among schools. It provides in (d) that the person performing the risk assessment is required to send a report indicating that the individual may be at risk for developing Type 2 diabetes to the individual or if a minor, to the specified set of legally responsible parties. The report must include an explanation of the process for assessing risk for developing Types 2 diabetes, reasons individual was assessed for being at risk for the disease, the risk factors associated with the disease, and the individual's body mass index; a statement concerning an individual's or family's need for further evaluation; instructions to help the individual and or family receive evaluation from a physician or health care provider; and information on procedures for applying for the state child health plan program and the Medicaid program. It requires in (e) that each school submit an annual report related to risk assessment. It provides in (f) that the report required in (e) must meet certain specified requirements. It also provides in (g) that at the end of reporting period specified under (e) that office is required to meet certain specified reporting requirements. It requires the office in (g) to deliver to the chief administrator of each school and the school nurse or other specified party an annual summary complications of the reports submitted by schools under (e). Provides in (i) that not later than January 15 of each odd-numbered year, the office is required to submit to the governor and the legislature a report relating to the implementation and effectiveness of the Type 2 diabetes risk assessment program under the chapter that includes a detailed description of the expenses related to the program. 
• amends Chapter 95 by adding specified Sections 95.005, GIFTS AND GRANTS, and Section 95.006, ADVISORY COMMITTEE. 
• allows the office to accept gifts, grants, and donations to support the Type 2 diabetes risk assessment program conduct under this chapter.  
• establishes the Type 2 Diabetes Risk Assessment Program Advisory Committee to advise the on the program conducted under the chapter, and it designates a list of representatives that may be appointed to the advisory committee by the executive commissioner and it also provides a list of representatives appointed by the chairman of the council. It also prohibits registered lobbyist, as defined in specified section of the Government Code, because their relationship to specified sets of activities. 
• provides that a representative of the office appointed under a certain specified subsection is required to serve as the presiding officer of the advisory committee. 
• requires the advisory committee to meet at least twice a year and at other times at the call of the presiding officer and it allows the advisory committee meet by teleconferencing, if an in-person meeting of all the members is not practicable.

SB 1493  Coleman  Died in Committee

Relating to the assignment of school nurses at public school campuses.

SB 1494  Coleman  Passed in the Senate. Never made it to a vote in the House.

Relating to a notification requirement if a nurse is not assigned to a public school campus.

12/17/2007