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State Legislature: Senate passes health care, transportation bills

Published: Saturday, April 11, 2009 8:52 PM CDT
Editor’s note: This weekly report on the state legislature is compiled from daily informational reports supplied by Richard Lee and other sources.





The State Senate approved measures this week aimed at codifying the way the state funds and develops toll roads, along with a measure establishing a health insurance pool for children in the child support system.

Senate Bill 66, authored by Sen. Jane Nelson (R-Flower Mound), gained unanimous approval.

"This legislation will enhance the state's ongoing effort to connect more Texas children to health insurance," Nelson said. "We are creating an option for parents who do not qualify for government-funded health care, yet have no health insurance available through their employers."

Federal law requires parents in the child support system to provide health coverage for their children. If no coverage is available to either parent, a judge typically orders the non-custodial parent to pay cash medical support to the custodial parent.

Transportation was at the forefront of discussion this week in Austin. When comprehensive development agreements (CDA) were approved by the Legislature in 2003, the law was unclear about who had authority to enter into a public-private partnership to build and manage a toll road. Many different regional mobility and toll authorities sprung up around the state, some with overlapping jurisdictions and authorities.

"Truly there have been so many types of toll entities put together over a relatively short period of time…how they interact with each other, who has first right, what terms should be in [agreements], none of that has ever been established," said Sen. Robert Nichols (R-Jacksonville). "Eventually those entities were going to collide."

His bill, Senate Bill 17, would give a regional toll authority first right of refusal to decide whether or not to develop a toll road as a public project. If the regional authority passes, then the Texas Department of Transportation could decide whether to develop the road as a public project. If neither body opts for the public route, then the regional toll authority gets first right to decide whether to develop the road as a private project. If they pass, then again TxDOT can decide to develop the road as a private project. The bill also includes safeguards to ensure the public's right of ownership over the project.

The Senate also approved a bill that would extend the ability of entities to enter into a CDA. Senate Bill 404, authored by Sen. John Carona (R-Dallas), would extend this deadline six more years, until Sept. 1, 2015.

A bill has been filed by Sen. Eliot Shapleigh (D-El Paso) that would force Texas restaurants to turn to healthier cooking fats and oils.

"Across Texas, a silent epidemic of obesity is shortening lives, raising health care costs and putting more and more Texans at risk," Shapleigh said.

Senate Bill 204 would prohibit restaurants and other food service businesses from using trans-fats to package, store, prepare or serve food. Glen Garey, the general council for the Texas Restaurant Association, supports the bill.

The Senate Health and Human Services heard testimony on two bills Tuesday that seek to change the way the state deals with developmentally disabled individuals in its care.

Senate Bill 751, authored by Sen. Judith Zaffirini (D-Laredo), would prohibit the use of straightjackets or prone holds, where the person is held on the ground, in all cases. Other forms of physical restraint could only be used in cases where there is an imminent risk of serious injury to the resident or other residents.

Senate Bill 750, also by Zaffirini, deals with the use of psychotropic drugs at state schools. Zaffirini told the committee that too many state school residents are given medication when there is no reason to do so. Under the bill, developmentally disabled residents at state schools would be given the same right to refuse medication that other institutionalized citizens have. This could only be overridden in the case of a medication related emergency, or if the person's legally authorized representative or a judge orders otherwise.

The Texas Medical Association praised the actions of Texas Attorney General Greg Abbott on his decision involving Blue Cross Blue Shield of Texas and their physician rating program that used cost-based indicators to rank doctors.

“TMA has asked state lawmakers for the past two legislative sessions to stop health plans from ranking physicians based on inaccurate and flawed claims data, and solely on cost. These ranking systems only serve to mislead employers and patients,” said Josie R. Williams, MD, president of the TMA. “We also are thrilled that General Abbott took steps to protect the physician’s ability to make sound health care decisions based on what the patient needs, instead of what saves the health insurer money.”

Gov. Rick Perry joined sponsors of House Concurrent Resolution (HCR) 50 in support of states’ rights under the 10th Amendment to the U.S. Constitution.

“I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,” Perry said. “I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union.”

A number of recent federal proposals are not within the scope of the federal government’s constitutionally designated powers and impede the states’ right to govern themselves, Perry’s office noted. HCR 50 affirms that Texas claims sovereignty under the 10th Amendment over all powers not otherwise granted to the federal government. It also designates that all compulsory federal legislation that requires states to comply under threat of civil or criminal penalties, or that requires states to pass legislation or lose federal funding, be prohibited or repealed.

Perry also this week reiterated his request to FEMA to issue an emergency declaration for 199 Texas counties based on the threat of wildfires. The pending FEMA declaration would provide federal assets and firefighting resources to assist the state in battling ongoing wildfires. Firefighters are battling more than 20 major fires burning across 60,000 acres. Resources responding in support of fire operations across the state include 67 fire engines, 37 bulldozers to cut fire lines, and 21 aircraft, including two Texas Military Forces Blackhawk helicopters and contract aircraft.

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