Perry Bill Creates New Fetal Alcohol Council And Nonprofit Grants

The text as introduced · 997 words

90R1548 AB-F

By: Perry
S.B. No. 290

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a fetal alcohol spectrum disorder

program and advisory council.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 2, Health and Safety Code, is

amended by adding Chapter 35A to read as follows:

CHAPTER 35A. FETAL ALCOHOL SPECTRUM DISORDER

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 35A.001. DEFINITIONS. In this chapter:

(1) "Advisory council" means the fetal alcohol

spectrum disorder advisory council established under this chapter.

(2) "Fetal alcohol spectrum disorder" means a range of

cognitive, behavioral, and physical impairments caused by prenatal

exposure to alcohol, including:

(A) fetal alcohol syndrome;

(B) partial fetal alcohol syndrome;

(C) alcohol-related neurodevelopmental

disorder;

(D) static encephalopathy-alcohol exposed;

(E) neurobehavioral disorders associated with

prenatal alcohol exposure; and

(F) alcohol-related birth defects.

(3) "Program" means the fetal alcohol spectrum

disorder program established under this chapter.

Sec. 35A.002. RULES. The executive commissioner shall

adopt rules to implement this chapter.

SUBCHAPTER B. ADVISORY COUNCIL

Sec. 35A.051. FETAL ALCOHOL SPECTRUM DISORDER ADVISORY

COUNCIL. The commission shall establish the fetal alcohol spectrum

disorder advisory council to advise the commission and provide

guidance on fetal alcohol spectrum disorder policy.

Sec. 35A.052. MEMBERS. (a) The advisory council is

composed of:

(1) 11 public members appointed by the governor

representing medical professionals, education professionals,

behavioral health or substance use treatment providers, criminal or

juvenile justice system professionals, community-based service

providers, and experts serving individuals with fetal alcohol

spectrum disorder or representing the interests of individuals with

the disorder, provided:

(A) at least one member represents a nonprofit

organization focused on support and advocacy for individuals with

fetal alcohol spectrum disorder and their families;

(B) at least three members are family members of

individuals affected by fetal alcohol spectrum disorder; and

(C) at least one member is an adult diagnosed

with fetal alcohol spectrum disorder;

(2) one representative designated by each of the

following entities:

(A) the commission;

(B) the department;

(C) the Texas Education Agency;

(D) the Department of Family and Protective

Services;

(E) the Texas Juvenile Justice Department;

(F) the Texas Workforce Commission;

(G) the Texas Council for Developmental

Disabilities; and

(H) the supreme court's Permanent Judicial

Commission for Children, Youth and Families; and

(3) two public members appointed by the executive

commissioner who are:

(A) experts serving individuals with fetal

alcohol spectrum disorder; or

(B) representatives of individuals with fetal

alcohol spectrum disorder.

(b) A person appointing or designating an advisory council

member under Subsection (a) shall consider the member's familiarity

with fetal alcohol spectrum disorder.

(c) Public members of the advisory council serve staggered

three-year terms.

(d) A vacancy on the advisory council is filled in the same

manner as the original appointment.

(e) An advisory council member serves without compensation

but may be reimbursed for actual and necessary expenses incurred in

the performance of advisory council duties as provided by

legislative appropriation.

Sec. 35A.053. DUTIES. The advisory council shall:

(1) develop a statewide strategic plan to reduce fetal

alcohol spectrum disorder and improve identification, treatment,

and support services;

(2) provide guidance on implementing the strategic

plan, including reviewing grant proposals related to fetal alcohol

spectrum disorder and to fetal alcohol spectrum disorder supports

and interventions;

(3) identify existing federal and state initiatives

for fetal alcohol spectrum disorder and recommend the use and

adaptation of suitable initiatives; and

(4) review state agency programs serving individuals

with fetal alcohol spectrum disorder and promote interagency

coordination when feasible.

Sec. 35A.054. REPORTS. (a) Not later than October 15 of

each even-numbered year, the advisory council shall submit to the

governor a written report summarizing the advisory council's

findings and recommendations for inclusion in the state budget.

(b) Not later than November 15 of each even-numbered year,

the advisory council shall submit to the commission and appropriate

standing committees of the legislature a written report summarizing

the advisory council's findings and recommendations for

legislative action.

SUBCHAPTER C. FETAL ALCOHOL SPECTRUM DISORDER PROGRAM

Sec. 35A.101. ESTABLISHMENT OF PROGRAM; PROGRAM

COORDINATOR. (a) The commission shall establish and administer a

program to:

(1) increase awareness of fetal alcohol spectrum

disorder;

(2) prevent fetal alcohol spectrum disorder; and

(3) improve identification, intervention, and service

delivery for individuals diagnosed with the disorder and their

families.

(b) The executive commissioner shall designate a program

coordinator with knowledge of and experience with fetal alcohol

spectrum disorder.

Sec. 35A.102. PROGRAM REQUIREMENTS. In establishing the

program, the commission and program coordinator shall:

(1) adapt existing federal and state programs to

promote fetal alcohol spectrum disorder identification and use of

support services;

(2) develop and expand screening and diagnostic

capacity for fetal alcohol spectrum disorder;

(3) develop, implement, and evaluate targeted

intervention programs for fetal alcohol spectrum disorder;

(4) develop initiatives to increase public awareness

of fetal alcohol spectrum disorder, including the risks associated

with alcohol use during pregnancy;

(5) provide fetal alcohol spectrum disorder training

for professionals in health care, education, child welfare,

behavioral health, and other relevant sectors; and

(6) operate as a centralized resource for fetal

alcohol spectrum disorder information and dissemination of

information on services available to affected individuals and their

families.

Sec. 35A.103. CONTRACTS AND GRANTS. (a) The commission may

contract with or award a grant to a public or private nonprofit

entity to implement the program.

(b) The commission may award a grant under this section only

in accordance with a contract between the commission and the grant

recipient under which the commission retains sufficient control to

ensure the public purpose of improving public health is

accomplished and this state receives that benefit.

Sec. 35A.104. FEDERAL MONEY. The commission may apply for,

receive, and disburse federal money for the program.

SECTION 2. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt the rules necessary to implement

Chapter 35A, Health and Safety Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2027.