HEALTH & SAFETY CODE
TITLE 2. HEALTH
SUBTITLE A. TEXAS DEPARTMENT OF HEALTH
CHAPTER 11. ORGANIZATION OF TEXAS DEPARTMENT OF HEALTH
§ 11.001. DEFINITIONS. In this title:
(1) "Board" means the Texas Board of Health.
(2) "Commissioner" means the commissioner of public
health.
(3) "Department" means the Texas Department of Health.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 15, eff. Sept. 1, 1993.
§ 11.002. PURPOSE OF BOARD AND DEPARTMENT. The Texas
Board of Health and the Texas Department of Health are established
to better protect and promote the health of the people of this
state.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 11.003. SUNSET PROVISION. The Texas Board of Health
and the Texas Department of Health are subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board and the department are
abolished and this chapter expires September 1, 2011.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.15, eff. Nov. 12,
1991; Acts 1999, 76th Leg., ch. 1411, § 1.02, eff. Sept. 1,
1999.
§ 11.004. COMPOSITION AND RESPONSIBILITY OF
DEPARTMENT. (a) The department is composed of the board, the
commissioner, an administrative staff, the Texas Center for
Infectious Disease, the South Texas Health Care System, and other
officers and employees necessary to perform efficiently its powers
and duties.
(b) The department is the state agency with primary
responsibility for providing health services, including:
(1) disease prevention;
(2) health promotion;
(3) indigent health care;
(4) certain acute care services;
(5) health care facility regulation, excluding
long-term care facilities;
(6) licensing of certain health professions; and
(7) other health-related services as provided by law.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 15, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 107, § 1, eff. Sept. 1, 1995; Acts 2001,
77th Leg., ch. 263, § 1, eff. May 22, 2001.
§ 11.0045. COMPREHENSIVE STRATEGIC AND OPERATIONAL
PLAN. (a) The board shall develop, publish, and to the extent
allowed by law implement a comprehensive strategic and operational
plan.
(b) The board shall publish the plan not later than
September 1 of each even-numbered year. The board shall at a
minimum:
(1) make the plan available on its generally
accessible Internet site;
(2) make printed copies of the plan available on
request to members of the public; and
(3) send printed copies of the plan to the governor,
the lieutenant governor, the speaker of the house of
representatives, the Legislative Budget Board, and the committees
of the senate and the house of representatives that have oversight
responsibilities regarding the board and the department.
(c) The plan at a minimum must include:
(1) a statement of the aim and purpose of each of the
department's missions, including:
(A) the prevention of disease;
(B) the promotion of health;
(C) indigent health care;
(D) the protection of parents' fundamental right
to direct the health care and general upbringing of their children;
(E) acute care services for which the department
is responsible;
(F) health care facility regulation for which the
department is responsible;
(G) the licensing of health professions for which
the department is responsible; and
(H) all other health-related services for which
the department is responsible under law;
(2) an analysis regarding how each of the department's
missions relate to other department missions;
(3) a detailed analysis of how to integrate or
continue to integrate department programs with other department
programs, including the integration of information gathering and
information management within and across programs, for the purpose
of minimizing duplication of effort, increasing administrative
efficiency, simplifying access to department programs, and more
efficiently meeting the health needs of this state;
(4) a detailed proposal to integrate or continue to
integrate department programs with other department programs
during the two-year period covered by the plan, to the extent
allowed by law and in accordance with the department's analysis;
(5) a determination regarding whether it is necessary
to collect each type of information that the department collects,
and for each type of information that it is necessary for the
department to collect, whether the department is efficiently and
effectively collecting, analyzing, and disseminating the
information and protecting the privacy of individuals;
(6) an assessment of services provided by the
department that evaluates the need for the department to provide
those services in the future;
(7) a method for soliciting the advice and opinions of
local health departments, hospital districts, and other public
health entities, of recipients and providers of services that are
related to the department's missions, and of advocates for
recipients or providers for the purpose of identifying and
assessing:
(A) the health-related needs of the state;
(B) ways in which the department's programs and
information services can be better integrated and coordinated; and
(C) factors that the department should consider
before adopting rules that affect recipients or providers of
services that are related to the department's missions;
(8) a comprehensive inventory of health-related
information resources that meet department criteria for usefulness
and applicability to local health departments, to recipients or
providers of services that are related to the department's
missions, and to nonprofit entities, private businesses, and
community groups with missions that are related to health;
(9) a statement regarding the ways in which the
department will coordinate or attempt to coordinate with federal,
state, local, and private programs that provide services similar to
the services provided by the department;
(10) a list of other plans that the department is
required to prepare under state law and a recommendation regarding
which plans are obsolete or duplicate other required department
plans; and
(11) an assessment of the extent to which previous
plans prepared by the department under this section have
effectively helped the department to identify and achieve its
objectives, to improve its operations, or to guide persons who need
to identify department services, identify department requirements,
or communicate effectively with department personnel.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.03, eff. Sept. 1,
1999.
§ 11.005. COMPOSITION OF BOARD. (a) The board is
composed of seven members appointed by the governor with the advice
and consent of the senate.
(b) Appointments to the board shall be made without regard
to the race, color, handicap, sex, religion, age, or national
origin of the appointees.
(c) Four members of the board must have a demonstrated
interest in the services provided by the department, and three
members must represent the public.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 15, eff. Sept. 1, 1993; Acts
2003, 78th Leg., ch. 1170, § 16.01, eff. Sept. 1, 2003.
§ 11.0055. REQUIRED BOARD MEMBER TRAINING. (a) A
person who is appointed to and qualifies for office as a member of
the board may not vote, deliberate, or be counted as a member in
attendance at a meeting of the board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the department and
the board;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the department, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
department or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.04, eff. Sept. 1,
1999.
§ 11.006. RESTRICTIONS ON BOARD APPOINTMENT,
MEMBERSHIP, AND EMPLOYMENT. (a) A person is not eligible for
appointment as a public member of the board if the person or the
person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization regulated by the
department or receiving funds from the department;
(2) is registered, certified, or licensed by the
department or by a regulatory board or other agency that is under
the jurisdiction of the department or administratively attached to
the department;
(3) owns, controls, or has, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by the department or receiving funds from
the department; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the department other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
(b) An officer, employee, or paid consultant of a trade
association in the field of health care may not be a member or
employee of the board.
(c) A person who is the spouse of an officer, managerial
employee, or paid consultant of a trade association in the field of
health care may not be a board member or a board employee grade 17 or
over, including exempt employees, according to the position
classification schedule under the General Appropriations Act.
(d) A person may not serve as a member of the board or act as
the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the board.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 15, eff. Sept. 1, 1993; Acts
1999, 76th Leg., ch. 1411, § 1.05, eff. Sept. 1, 1999.
§ 11.007. TERMS. Board members serve for staggered
six-year terms, with the terms of two or three members expiring
February 1 of each odd-numbered year.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 15, eff. Sept. 1, 1993; Acts
2003, 78th Leg., ch. 1170, § 16.02, eff. Sept. 1, 2003.
§ 11.008. OFFICERS. Not later than September 1 of each
odd-numbered year, the governor shall designate one board member as
chairman and one member as vice-chairman.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 11.009. REMOVAL OF BOARD MEMBERS. (a) It is a ground
for removal from the board if a member:
(1) does not have at the time of appointment the
qualifications required by Section 11.005(a);
(2) does not maintain during service on the board the
qualifications required by Section 11.005(a);
(3) violates a prohibition established by Section
11.006(b), (c), or (d);
(4) cannot discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the commissioner has knowledge that a potential
ground for removal exists, the commissioner shall notify the
chairman of the board of the ground. The chairman shall then notify
the governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
chairman, the commissioner shall notify the next highest ranking
officer of the board, who shall then notify the governor and the
attorney general that a potential ground for removal exists.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 1411, § 1.06, eff. Sept. 1, 1999.
§ 11.010. PER DIEM; REIMBURSEMENT FOR EXPENSES. A
board member receives no fixed salary but is entitled to receive:
(1) a per diem as prescribed by the General
Appropriations Act for each day spent in performing the member's
official duties; and
(2) reimbursement for travel expenses and other
necessary expenses incurred in performing official duties.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 15, eff. Sept. 1, 1993.
§ 11.011. MEETINGS. (a) The board shall meet in the
city of Austin or in other places fixed by the board.
(b) The board shall meet at least once each calendar quarter
on dates determined by the board and shall hold special meetings at
the call of the chairman. The chairman shall give timely notice to
each member of any special meeting.
(c) A meeting of a board committee shall be held in
compliance with Chapter 551, Government Code.
(d) Four members of the board constitute a quorum.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 15, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 76, § 5.95(82), eff. Sept. 1, 1995.
§ 11.012. COMMISSIONER. (a) The commissioner of
health and human services shall employ the commissioner in
accordance with Section 531.0056, Government Code.
(b) Except as provided in Subsection (c), the commissioner
must:
(1) have at least five years of experience in the
administration of public health systems; and
(2) be a person licensed to practice medicine in this
state.
(c) The commissioner of health and human services may, based
on the qualifications and experience in administering public health
systems, employ a person other than a physician as the
commissioner.
(d) If the commissioner of health and human services employs
a person as commissioner who is not a physician, then the board
shall designate a person licensed to practice medicine in this
state as chief medical executive.
(e) The commissioner is the executive head of the
department. The commissioner shall perform the duties assigned by
the board and state law, subject to the provisions of this subtitle.
(f) The board may supplement the salary of the commissioner
with the approval of the governor. The salary may not exceed 1.5
times the salary of the governor, from funds appropriated to the
department. The use of funds from other sources are not limited by
this subsection.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 623, § 1, eff. June 16, 1991; Acts
1993, 73rd Leg., ch. 747, § 16, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 76, § 8.148, eff. Sept. 1, 1995; Acts 1999, 76th
Leg., ch. 1460, § 2.17, eff. Sept. 1, 1999.
§ 11.013. SEPARATION OF AUTHORITY. (a) The board
shall adopt policies and rules and shall govern the department.
(b) The board may delegate to the commissioner, or to the
person acting as commissioner in the commissioner's absence, any
power or duty imposed on the board by law, including the authority
to make final orders or decisions, except that the board may not
delegate the power or duty to adopt rules. The delegation must be
written.
(c) The board shall:
(1) supervise the commissioner's administration and
enforcement of the health laws of this state; and
(2) develop and implement policies that clearly
separate the respective responsibilities of the board and the staff
of the department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 11.014. INVESTIGATION OF DEPARTMENT. The board shall
investigate the conduct of the work of the department. For that
purpose, the board shall have access at any time to all department
books and records and may require an officer or employee of the
department to furnish written or oral information.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 11.015. PERSONNEL. (a) The commissioner or the
commissioner's designee shall develop an intra-agency career
ladder program. The program shall require intra-agency postings of
all nonentry level positions concurrently with any public posting.
The commissioner may waive the posting requirements under
circumstances outlined in department policies.
(b) The commissioner or the commissioner's designee shall
develop a system of annual performance evaluations based on
measurable job tasks. All merit pay for department employees must
be based on the system established under this subsection.
(c) The board shall provide to its members and employees, as
often as necessary, information regarding their qualifications
under this chapter and their responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
(d) The commissioner or the commissioner's designee shall
prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, handicap, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel;
(2) a comprehensive analysis of the department work
force that meets federal and state guidelines; and
(3) procedures by which a determination can be made of
significant underutilization in the department work force of all
persons for whom federal or state guidelines encourage a more
equitable balance and reasonable methods to appropriately address
those areas of significant underutilization.
(e) A policy statement prepared under Subsection (d) must:
(1) cover an annual period;
(2) be updated at least annually; and
(3) be filed with the governor.
(f) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(e)(3). The report may be made separately or as a part of other
biennial reports made to the legislature.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 11.016. ADVISORY COMMITTEES. (a) The board may
appoint advisory committees to assist the board in performing its
duties.
(b) The board shall appoint an advisory committee in a
manner that provides for:
(1) a balanced representation of persons with
knowledge and interest in the committee's field of work;
(2) the inclusion on the committee of at least two
members who represent the interests of the public; and
(3) a balanced representation of the geographic
regions of the state.
(c) Repealed by Acts 1999, 76th Leg., ch. 1411, § 1.17,
eff. Sept. 1, 1999.
(d) Except as otherwise provided by law and contingent on
the availability of department funds for this purpose, a member of
an advisory committee appointed by the board is entitled to
receive, with regard to travel expenses, the per diem and travel
allowance authorized by the General Appropriations Act for state
employees.
(e) The board shall specify each committee's purpose,
powers, and duties, and shall require each committee to report to
the board in the manner specified by the board concerning the
committee's activities and the results of its work.
(f) The board shall establish procedures for receiving
reports relating to the activities and accomplishments of an
advisory committee established by statute to advise the board or
department. The board may appoint additional members to those
advisory committees and may establish additional duties of those
committees as the board determines to be necessary.
(g) The board shall adopt rules to implement this section.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 2, eff. Sept. 1, 1991; Acts
1999, 76th Leg., ch. 1411, § 1.17, eff. Sept. 1, 1999.
§ 11.0161. COMPENSATORY PER DIEM FOR ADVISORY COMMITTEE
MEMBER. (a) Within the limit of available funds, a member of an
advisory committee appointed to assist the board and the department
is entitled to receive, if authorized by board rule, a compensatory
per diem, not to exceed the rate set in the General Appropriations
Act, for each meeting the member attends.
(b) If a member has been appointed under the authority of a
prior statute that provides no compensatory per diem or that
provides for compensatory per diem in a specific amount, this
section supersedes that statute.
Added by Acts 1991, 72nd Leg., ch. 14, § 3, eff. Sept. 1, 1991.
§ 11.017. FINANCES. (a) The board shall file annually
with the governor and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received and disbursed by the board during the preceding
year. The annual report must be in the form and reported in the time
provided by the General Appropriations Act.
(b) The state auditor may audit the financial transactions
of the board in accordance with Chapter 321, Government Code,
subject to a risk assessment performed by the state auditor and to
the legislative audit committee's approval of including the audit
in the audit plan under Section 321.013, Government Code.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 4, eff. Sept. 1, 1991; Acts
2003, 78th Leg., ch. 785, § 67, eff. Sept. 1, 2003.
§ 11.018. PUBLIC INTEREST INFORMATION AND
COMPLAINTS. (a) The board shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the board and to speak on any issue under the jurisdiction of
the board.
(b) The board shall prepare information of public interest
describing the functions of the board and department and the
board's and department's procedures by which complaints are filed
with and resolved by the board and department. The department shall
make the information available to the public and appropriate state
agencies.
(c) The board by rule shall establish methods by which
consumers and service recipients can be notified of the names,
mailing addresses, and telephone numbers of the board and
department for the purpose of directing complaints to the board and
department. The board may provide for that notification:
(1) on each registration form, application, or written
contract for services of a person or entity regulated by the board
or department;
(2) on a sign prominently displayed in the place of
business of each person or entity regulated by the board or
department; or
(3) in a bill for service provided by a person or
entity regulated by the board or department.
(d) The department shall keep an information file about each
complaint filed with the department relating to a license holder or
entity regulated by the department or a service delivered by the
department. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
department;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the department closed the file without taking action other than
to investigate the complaint.
(e) If a written complaint is filed with the department
relating to a license holder or entity regulated by the department
or a service delivered by the department, the department, at least
quarterly and until final disposition of the complaint, shall
notify the parties to the complaint of the status of the complaint
unless notice would jeopardize an undercover investigation.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 1411, § 1.07, eff. Sept. 1, 1999.
